Regulation, Enforcement and Governance in Environmental Law

Part I Regulatory Reform
1 Reforming Regulatory Sanctions (2007)
Unexpected Alignments
Reviewing Sanctions
Assessing the Criminal Law
Enriching the Sanctions Response
2 Regulatory Justice - Making Sanctions Effective (2006)
Executive Summary
The Role and Importance of Sanctions within the Regulatory System
Underlying Principles for Regulatory Sanctions
My Vision for Contemporary Sanctioning Regimes: Financial Sanctions
My Vision for Contemporary Sanctioning Regimes: Non-financial Sanctions and Alternatives for the Criminal Courts
Transparency and Accountability
Summary of Recommendations
3 Sanctions and Safeguards - The Brave New World of Environmental Enforcement (2013)
The Regulatory Sanctions Review
Criminal Law and Strict Liability Offences
Extending the Range of Criminal Sanctions
Unravelling the Vision
Maintaining the Distinction between Sanction Responses
Integrating the Standard of Proof
An Independent Appeals Body
European Convention on Human Rights
Regulatory Governance
Conclusions
4 Regulating in a Risky Environment (2002)
Market Failure and Regulatory Prescription
Economic Instruments and their Weaknesses
Voluntary Agreements
Scientific Risks
Handling Enforcement Risks
'Determine and Direct': a New Regulatory Paradigm?
Part II Institutional Reform and Change
5 The Long and Winding Road - Towards an Environmental Court in England and Wales (2013)
The Core Stages
The Unexpected Alignments
A New Environmental Tribunal
Conclusions
6 Modernising Environmental Justice - Regulation and the Role of an Environmental Tribunal (2003)
The Report
The Context
The Report of the Royal Commission on Environmental Pollution
The Purpose of this Study
Environmental Appeals under Existing Legislation
Legislative Analysis
Current Numbers of Environmental Appeals
Concerns about Existing Appeal Procedures
Does Environmental Law Warrant a Special Jurisdiction?
Judicial Reviews and Stated Cases
Access to Justice and the Aarhus Convention
Third Party Rights of Appeal
The Human Rights Act And Access to an Independent Tribunal
Separating Land Use Planning and Environmental Appeals?
Options for the Way Forward
A New Environmental Tribunal in Practice
A More Direct Enforcement Role for an Environmental Tribunal?
Conclusions
7 Consistency and Effectiveness - Strengthening the New Environmental Tribunal (2011)
Summary
The Context
Changes since 2004
Review of Regulatory Appeals Provisions under Environmental Legislation
The Environment Tribunal
Advantages of the Environmental Tribunal as an Appeals Body
Comparative Costs of Appeals Bodies
Secretary of State Appeals
Appeals Held by PINS (Planning Inspectorate)
Statutory Nuisances
Third Party Appeals
Presumptions and Priorities
8 Environmental Regulation as an Instrument of Constitutional Change (2011)
The Context
Public Access to Information and Participation
Access to Justice
Reforming Regulatory Sanctions
An Environmental Court
The Future
9 Judicial Review - Proposals for Further Reform (2013)
Aarhus and Access to Justice
First-tier Tribunal as a Regulatory Appeals Body
Environmental Judicial Reviews
Upper Tribunal Handling Judicial Reviews
Procedural Defects
Standing Issues
Part III The Dynamics of Environmental Law
10 The UK Climate Change Act - Towards a Brave New Legal World? (2012)
The General Long-term Duty and its Legal Significance
Intermediate Carbon Budgets
The Statutory Committee on Climate Change
Adaptation
The Courts and the Climate Change Act
The Climate Change Committee and the Government - the 2011 Tensions
11 Weighing up the Performance: Emissions Standards v Emissions Trading (2011)
12 Public Consultation and GMO Policy - a Very British Experiment (2008)
Engaging with Public Values
The Agriculture and Biotechnology Commission
The GM Debate
Evaluation and Aftermath
13 Technology and Environmental Law Enforcement (2003)
Introduction
Remote Sensing in Court
Technological Equipment
Privacy
Data Protection
14 Environmental Standards, Legitimacy and Social Justice (1999)
The Rise of Environmental Standards
The Current Intellectual Crisis
Ways through the Quagmire
15 The Scope of Environmental Law (1996)
Introduction
Integrated Pollution Control
Codification
Integration into other Policies Affecting the Environment
Integration into Policies with Remote Environmental Impact
16 Loaded Guns and Monkeys - Responsible Environmental Law (1994)
Responsibility and a Pet Monkey
Enforcement and Competing Models of Liability
Science and Law
Location and Participation
The European Dimension
Redefining the Boundaries of Responsibility
17 Environmental Law: Shifting Discretions and the New Formalism (1991)
Introduction
Pollution and the Legislative Framework
Th e Environmental Protection Act 1990
Th e Use of the Criminal Law
Policy and Pollution Control
European Community Influences
Conclusions
18 Cycle Lore (1979)
Cyclists and the Law
'Driving a Carriage' and Other Legal Conundrums
Constructing a Cycleway
Traffic Law Neglects the Bicycle
Part IV The Courts and the Environment
19 Court of Justice of the European Union
Nature Conservation and Death by a Thousand Cuts
Sweetman v An Bord Pleanala (2013)
Financial Penalties for Non-implementation in Practice
European Commission v Ireland (2012)
Aarhus, Access to Information and the European Commission
Stichting Natuur en Milieu and Pesticide Action Network Europe v European Commission (2012)
When Environmental Requirements Trump Commercial Confidentiality
Interseroh Scrap and Metals Trading GmbH v Sonderabfall-Management-Gesellschaft Rheinland-Pfalz mbH (SAM) (2012)
Strategic Environmental Assessment
Inter-Environnement Bruxelles ASBL v Region de Bruxelles-Capitale (2012)
Aviation Emissions and International Law
Air Transport Association of America and others v Secretary of State for Energy and Climate Change (2012)
Biodiversity, Bees and Free Trade
Re Criminal Proceedings against Bluhme (1998)
UK Shipping Company Loses Case against Habitat Designation
R v Secretary of State for the Environment Transport and Regions ex parte
First Corporate Shipping (2000)
Ruling from European Court on 'Green Guarantee'
Denmark v Commission (2003)
20 Supreme Court and House of Lords
Nuisance Principles and Damages in Lieu of an Injunction
Coventry v Lawrence (2014)
Discretion, Remedies and Breaches of EU Law
Walton v Th e Scottish Ministers (2012)
Habitat Protection and Disturbance
Morgan v Hampshire County Council Supreme Court (2011)
Statutory Successor not Liable under Contaminated Land Regime
R on the application of National Grid Gas PLC (formerly Transco PLC) v Environment Agency (2007)
Key Ruling on Liability for Sewage Flooding
Marcic v Thames Water Utilities Ltd (2004)
Breach of EIA Directive Requires Planning Decision to be Quashed
Berkeley v Secretary of State and Others (2001)
House of Lords Rules on Planning and Human Rights
R (Alconbury) v Secretary of State for the Environment, Transport (House of Lords) (2001)
Strict Liability in Water Pollution Offences
Environment Agency (formerly National Rivers Authority) v Empress Car
Company (Abertillery) Ltd (1998)
21 Court of Appeal
Civil Liability in Nuisance and the Defence of Complying with a Permit
Barr and others v Biff a Waste Services (2012)
Companies and Criminal Liability
St Regis Paper Company Ltd v The Crown (2011)
Fire Damage and Civil Liability
Stannard v Gore (2012)
Securing Injunctions before Damage Occurs
London Borough of Islington v Elliot and Morris (2012)
Neighbouring Nuisance Smells
Hirose Electrical UK Ltd v Peak Ingredients Ltd (2011)
Nature Conservation and Human Rights
R on the application of Fisher v English Nature (2004)
Waste-derived Fuels Are Not Waste
R ex parte OSS Group Ltd v Environment Agency and Department of
Environment Food and Rural Affairs (2007)
22 High Court
Tribunals and Judicial Review
R on the Application of Great Yarmouth Port Company v Marine Management Organisation (2013)
Criminal Liability for Sewerage Escapes
Th ames Water Utilities and Bromley Magistrates Court (2013)
Enforcement Policies and the Courts
Moss and Sons Ltd v Crown Prosecution Service (2012)
Th e Legal Status of Emission Trading Allowances
Armstrong DLW GmbH v Winnington Networks (2012)
Wind Farms and Mitigation Measures
Hargreaves v Secretary of State for Communities and Local Government and other (2011)
Liability for Water Pollution Offences
Express Ltd v Environment Agency (2004)
Standing Issues in Judicial Review
R (on the application of Edwards) v Environment Agency and another (2007)
Part V Europe and the Environment
23 The Legal Duty of Environmental Integration: Commitment and Obligation or Enforceable Right? (1998)
Why A Legal Analysis?
The Integration Duty in Context
Is the Integration Duty Legally Binding or Exhortary?
To What Does the Duty Apply?
By Whom is the Duty Owed?
The Substance of the Duty: Regarding Environmental Protection Requirements
The Substance of the Duty: Integration
To Whom is the Integration Duty Owed?
Procedure and Substance Revisited
24 Environmental Citizenship and the Law: Repairing the European Road (1996)
Introduction
Environmental Rights in Community Law
Improving Community Enforcement Mechanisms
Applying the Rule of Law to the Commission
Environmental and Economic Rights: The Uneven Hierarchy
A New Goal for the Market?
25 Balancing Trade Freedom with the Requirements of Sustainable Development (1996)
Introduction
Developing a Community Framework
The Recognition of General Interests of the Community and the Member States
Discrimination and the Principles of Environmental Action
Necessity and Proportionality: Relating the Restriction to the Interest
Acting in the Community Interest and Finding an Appropriate Legal Basis
The Legal Bases Available
Finding Objective Factors for Review
Article 113 and the Inclusive Interpretation
Articles 100 and 100a - An Inclusive Interpretation of the Market
Trade-related Environmental Measures and the Uruguay Round Opinion
Conclusion
26 Subsidiarity and European Community Environmental Law (1999)
Development of the Concept
Subsidiarity and Justiciability
Subsidiarity and Enforcement
27 The Enforcement of EU Environmental Law - Some Proposals for Reform (2005)
The Context
The Present Picture
Suggestions for Improvement
The European Court of Justice
Conclusions
28 The Enforcement of Community Environmental Laws: Some Critical Issues (1992)
Introduction
The Role of the Commission
Formal Enforcement Procedures
Black Letter Implementation
Implementation in Practice - Conceptual and Practical Difficulties
Information Gaps and the Complaint Procedure
Some Concluding Remarks 537
29 European Moves on Environmental Enforcement (2014)
Effective Penalties under EU Law
Tough Administrative Penalties under EU Emissions Trading Regime Integrating Criminal and Administrative Enforcement
EU Court Imposes Penalty for Weak National Enforcement System
30 Consistent Interpretation of EU Environmental Law (2013)
Context
Development in the Case Law of the CJEU
The Application of the Duty
The Scope of the Duty
Conclusions
31 Underlying Themes in the Policy Process (1983)
Handling the Status Quo
International Ramifications
Intergovernmental Effectiveness
Priorities and Feasibility
Alignment and Harmonisation
Member States as Neighbours
Conclusions