Regulation, Enforcement and Governance in Environmental Law

By Richard Macrory

Laws concerning environmental protection have a long history in the UK, but the last 30 years have seen unprecedented development in both the substantive body of environmental legislation and in thinking about the underlying principles and institutional arrangements. The materials in this book demonstrate how far environmental law has come in less than a generation, focusing in particular on the major themes of regulation, institutional arrangements, and enforcement which underlie the substantive detail of the law. While acknowledging the growing importance of public international law relating to the environment, the book is largely concerned with UK and EC law, though many of the core themes have much wider relevance. Chapter 1 of the book is concerned with major issues concerning regulatory reform, while Chapter 2 considers challenges to current institutional arrangements, including the need for a specialized environmental court and tribunal, and the environmental implications of the major constitutional changes that have taken place in the UK in the last decade. Chapter 3 reflects on the shifting dynamics of environmental law, new environmental standards, new technologies, and the need to develop new notions of responsibility. Chapter 4 is a selection of reports of leading cases over the last decade, illustrating how the higher courts have grappled with the interpretation of environmental legislation and the development of legal principle. The final two chapters focus on European dimensions, such as the key principles of EC law and its enforcement through unique, but by no means perfect, mechanisms developed under the Treaty. The foreword is by Judge Carnwath who says: This book should be essential reading for anyone concerned with the development of environmental law and policy. I hope also that it will be read by the next generation of environmental lawyers. They will be facing profound environmental challenges, which will undoubtedly require fresh legal solutions. The material in this collection will stand not only as a record of remarkable achievement, but as an inspiration for innovative thinking in the future.

765 pages

Publication Date: 1/1/2010
Format: Paper
ISBN: 9781849460354