Environmental Law

Environmental Law

  • Environmental Law

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Description
Trusted by generations, the 8th edition of Environmental Law continues to provide board and comprehensive coverage of the essential elements of environmental law, perfect for both experienced readers and those new to environmental law or legal background.
Key Features of the new edition include:
•    A clear and concise writing style ideal for law and non-law students
•    Useful diagrams and tables to illustrate complex points and concepts
•    Case summaries to demonstrate how the law applies in practice and help
      familiarize you with the key cases you need to know
•    Chapter summaries, information boxes, and self-test questions to help draw
     out key points and consolidate your learning in preparation for assessments
     and further research
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Contents
Part I - Introductory themes
1     What is environmental law? A brief introduction
Why a book on environmental law? What is 'environmental law'? Some themes of the book Policy and environmental law Rights and environmental law
CHAPTER SUMMARY
QUESTIONS
FURTHER READING
2     History and challenges
Lessons from the past
The legacy of early controls
The modern age of environmental law
Second-generation environmental policy
Environmental law-reflections and future prospects
CHAPTER SUMMARY
QUESTIONS
FURTHER READING
WEB LINKS
3     Values, principles, rights, justice, and environmental law
Introduction
Values and environmental law
The law and balancing environmental values
Law and risk
Perspectives on environmental issues
Environmental principles
Environmental justice
Human rights and environmental values
CHAPTER SUMMARY
QUESTIONS
FURTHER READING
4    Sources of environmental law
International environmental law
Transnational environmental law
European Union (EU) law
Layers of law
National law
Environmental laws in practice
Case law
CHAPTER SUMMARY
QUESTIONS
FURTHER READING
5     The administration of environmental law and policy
Introduction
Scotland, Wales, and Northern Ireland
The 'British' style of administration-centralization and .decentralization
Central government
Regulatory agencies
The Environment Agency
Other regulatory agencies
Local authorities
Environmental non-governmental organizations (NGOs)
The courts
CHAPTER SUMMARY
QUESTIONS
FURTHER READING
WEB LINKS
Part II - Integrated themes
6     International law and environmental protection
Why is international law important for environmental protection?
International law and the UK
International law and the EU
Nation states and global commons
Sources of international law-'hard law'
Sources of international law-'soft law'
International law and policy development
Institutional organizations and other actors
Dispute settlement and dispute settlement bodies
Making agreements more effective
International trade and the environment
Future directions in international environmental law and policy
CHAPTER SUMMARY
QUESTIONS
FURTHER READING
WEB LINKS
7    The European Union and the environment
Key developments in EU environmental law and policy
The EU and UK environmental law and policy
An introductory guide to EU law
EU environmental law and policy
The scope of EU environmental law
The range of environmental Directives
EU environmental law-towards uniformity or flexibility?
Compliance by Member States with EU law
EU environmental law and the UK
CHAPTER SUMMARY
QUESTIONS
FURTHER READING
WEB LINKS
8    The regulation of environmental protection
Introduction
Why regulate?
The Polluter Pays Principle
How should we evaluate a regulatory instrument?
UK environmental regulation: some context Administrative regulation  Standards in environmental law Regulatory approaches and tools Economic instruments
Self-regulation as a tool for environmental protection
The role of criminal and civil law
Optimal environmental regulation
CHAPTER SUMMARY
QUESTIONS
FURTHER READING
9     Environmental crime and enforcement
 What is 'environmental crime'?
The lack of uniformity of environmental crime
The moral dimension of environmental crime
Strict liability
Defences
Individual and corporate offenders
Enforcement agencies
The enforcement of environmental law
The 'British' approach to environmental
enforcement
Sanctions for environmental crime
Optimal enforcement
CHAPTER SUMMARY
QUESTIONS
 FURTHER READING
 WEB LINKS
10     Public participation
Introduction
Access to environmental information
Public participation in environmental decision-making
Access to environmental justice
Judicial review
Other compliance bodies Other complaints mechanisms An environmental court CHAPTER SUMMARY
QUESTIONS
FURTHER READING
WEB LINKS
11     Private law and environmental protection
Private law and environmental liability
Human rights law
The law of tort and environmental protection
Other private law mechanisms
Remedies
The utility of private law for environmental protection
The future of private law as an environmental protection mechanism
Private law, public regulation, and 'the public interest'
Statutory nuisance
Statutory environmental liability
CHAPTER SUMMARY
QUESTIONS
Part III - Sectoral coverage
12     Town and country planning
The main features of town and country planning
Town and country planning as a tool of environmental policy
The scope of planning law
Town and country planning, and some themes of this book
The planning legislation
What is 'town and country planning'?
The objectives of planning and the environment
Planning authorities
Forward planning—development plans
Local development documents
Development control-the meaning of 'development'
Exemption from the need to apply for planning permission
'Development' activities for which planning permission is granted by statute
Major infrastructure projects
Is planning permission required?
Applying for planning permission
Determining the planning application
Environmental considerations as material considerations
Planning conditions
Planning obligations and the community infrastructure levy ;   Planning appeals
Enforcing planning law
Powers in cases in which there is no breach of planning law Marine planning CHAPTER SUMMARY QUESTIONS
FURTHER READING
WEB LINKS
13     Environmental assessment
What is 'environmental assessment?
Environmental assessment in international law and practice
Environmental impact assessment in the EU
Is the project subject to EIA?
Exemptions from EIA
The environmental statement
Determining EIA applications-considering environmental information
What if environmental effects have been considered without EIA?
EIA—its impact on decision-making
The Strategic Environmental Assessment Directive
Developing environmental assessment
CHAPTER SUMMARY
QUESTIONS
FURTHER READING
 WEB LINKS
14     Environmental permitting and IPPC
Introduction-the development of integrated controls
Moves towards administrative integration-the environmental permitting regime
The scope of environmental permitting
Analyzing the environmental permitting regime
Applying the environmental permitting requirements in practice-the and
Industrial Emissions Directives
How integrated is environmental permitting and IPPC?
Emissions controls and market-based instruments
Is IPPC a better way of approaching pollution?
CHAPTER SUMMARY
QUESTIONS
FURTHER READING
WEB LINKS
15    Climate change, ozone depletion, and air quality
Air and atmospheric pollution
International law, and air and atmospheric pollution
Climate change
Climate change liability and compensation
The EU and air pollution policy
European law on air quality
Domestic air pollution and air quality law and policy
CHAPTER SUM MARY
QUESTIONS
FURTHER READING
WEB LINKS
16    Contaminated land
Introduction
Contaminated land and environmental liability
Current contamination vs historical contamination
What is 'contaminated land?
The regulation of historically contaminated land
The statutory definition of contaminated land
The identification of contaminated land
Special sites
Remediation standards
The nature of remediation works
The duty to serve a remediation notice
Remediation notices
The allocation of liability-who is liable?
Allocation of liability-other stages
Registers
Contaminated land and the market
Part 2A in practice
CHAPTER SUMMARY
QUESTIONS
FURTHER READING
WEB LINKS
17    Water pollution and water quality
Water pollutants and their sources
The state of the water environment
The regulatory challenges
History of the water sector and controls on water quality
International law and water quality
The EU and water quality
The Water Framework Directive Water and sewerage financing
 Drinking water quality
Water and environmental permitting '        Water quality objectives
Groundwater pollution
Water pollution offences
Sampling and enforcement powers
Enforcement policy and penalties
Preventative and remedial powers, and diffuse pollution d82       Overlapping controls
Water pollution and private law controls
CHAPTER SUMMARY
QUESTIONS
FURTHER READING
WEB LINKS
18    Waste management
The nature and scale of the problem
The challenge of regulating waste management
The history of domestic waste law and policy
International law and waste management
European waste management law and policy
Domestic waste policy
What is 'waste'?
Waste authorities
Environmental permitting
Offences
Landfills
The duty of care
Economic instruments and waste management
Waste disposal, and town and country planning
Other overlapping controls
Civil liability for the unlawful disposal of waste
Alternative approaches-integrated product policy
CHAPTER SUMMARY
QUESTIONS
FURTHER READING
WEB LINKS
19    The conservation of nature
Why conserve?
The history and development of controls
Types of legal protection and the conservation law toolbox
The nature conservation agencies
General biodiversity duties
Habitat conservation-national law
Habitat conservation-EU law
The protection of individual animals and plants
Integrative approaches
Agriculture, landscape, and nature conservation
Future developments
CHAPTER SUMMARY
QUESTIONS
FURTHER READING
WEB LINKS
Available on the Online Resource Centre

20     Landscape management
21     Local controls and remedies
22     Disposal of waste to sewers
Index
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Author Details
Stuart Bell : Professor of Law, York Law School, University of York
Donald McGillivray : Senior Lecturer in Law, Kent Law School, University of Sussex
Ole W. Pedersen : Senior Lecturer in Law at Newcastle University
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