"Written with real clarity by authors teaching and researching in the field, Wolf and Stanley on Environmental Law offers an excellent starting point for both law and non-law students encountering this diverse and rapidly developing subject for the first time. The focus of the book is on the regulation and control of pollution and includes chapters on environmental permitting, waste management, air and water pollution and contaminated land. The book also includes the administration and enforcement of environmental law, EU environmental law, the environmental torts and the private regulation of environmental law. The book is supported by a range of learning features designed to help students: Consolidate your learning: Chapter learning objectives and detailed summaries clarify and highlight key points Understand how the law works in practice: 'Law in Action' features demonstrate the application of pollution control law Plan your research: Detailed end of chapter further reading sections outline articles, books and online resources that provide next steps for your research This sixth edition has been updated and revised to take into account recent developments in the subject, including coverage of the Environmental Permitting (England and Wales) Regulations 2010; developments in the Environment Agency enforcement and sanctions policy documents; updates relating to the defence of statutory authority in the tort of private nuisance; and current issue relating to compliance with the Aarhus Convention Suitable for students of environmental law and the wider environmental studies, Wolf and Stanley on Environmental Law is a valuable guide to this wide-ranging subject"--
The Principles of Law aims to provide the law student with texts on the major areas within the law syllabus. Each text is designed to identify and expound upon the content of the syllabus in a logical order, citing the main and up-to-date authorities. This work covers environmental law.
This new title in the popular Text, Cases, and Materials series provides students with a thorough understanding of environmental law while also encouraging critical reflection and pointing out areas of controversy and debate. The authors present an impressive range of extracts from UK and international cases, legislation, and articles, to help support learning and demonstrate how the law works in practice, clearly guiding students through key areas while providing insightful explanations and analysis. Topics have been carefully selected to support a wide range of environmental law courses and include pollution, conservation, town planning, and water regulation as well as considering environmental law in relation to the EU and from an international perspective. With its unique combination of extracts and author discussion, this new text provides a comprehensive and convenient guide to environmental law which can be relied upon throughout your course and career. This book is also accompanied by an Online Resource Centre which features updates to the law, further reading suggestions and useful weblinks.
Environmental principles – from the polluter pays and precautionary principles to the principles of integration and sustainability – proliferate in domestic and international legal and policy discourse, reflecting key goals of environmental protection and sustainable development on which there is apparent political consensus. Environmental principles also have a high profile in environmental law, beyond their popularity as policy and political concepts, as ideas that might unify the subject and provide it with conceptual foundations or boost its delivery of environmental outcomes. However, environmental principles are elusive legal concepts. This book deepens the legal understanding of environmental principles in light of recent legal developments. It analyses the increasing legal effects of environmental principles in different jurisdictions and demonstrates how they are shaping and revealing innovative and evolving bodies of environmental law. This analysis is a step forward in understanding a key feature of modern environmental law and presents a robust methodology for dealing with novel legal concepts in the subject. It also makes a contribution to environmental policy debates and discussions internationally that rely heavily on environmental principles, including their supposed legal effects.
This comprehensive Research Handbook discusses how the EU has used its regulatory power to steer towards environmentally friendly behaviour, delving into the deep concerns related to the compliance with and enforcement of EU environmental law. It also highlights the important role of civil society’s use of environmental procedural rights, and characterizes how the CJEU case law has contributed to the effective implementation of EU environmental legislation.
The Law Express series is designed to help you revise effectively. This book is your guide to understanding essential concepts, remembering and applying key legislation and making your answers stand out!
This book analyses the interpretation of environmental offences contained in the waste, contaminated land, and habitats' protection regimes. It concludes that the current purposive approach to interpretation has produced an unacceptable degree of uncertainty. Such uncertainty threatens compliance with rule of law values, inhibits predictability, and therefore produces a scenario which is unacceptable to the wider legal and business community. The author proposes that a primarily linguistic approach to interpretation of the relevant rules should be adopted. In so doing, the book analyses the appropriate judicial role in an area of high levels of scientific and administrative complexity. The book provides a framework for interpretation of these offences. The key elements that ought to be included in this framework-the language of the provision, the harm tackled as drafted, regulatory context, explanatory notes and preamble, and finally, purpose in a broader sense-are considered in this book. Through this framework, a solution to the certainty problem is provided.
This unique book focuses specifically on teaching and learning in environmental law, exploring theory and practice as well as innovative techniques, tools and technologies employed across the globe to teach this ever more important subject. Chapters identify particular challenges that environmental law poses for pedagogy. It offers practical guidance and serves as a source of authority to legal scholars who are seeking to take up, or improve, their teaching and knowledge of this subject.
The theoretical arguments for environmental taxes and other types of economic instruments for environmental protection have been discussed extensively in the literature. Rather less well discussed has been the extremely complex form that such instruments have in fact taken in practice. Environmental Taxation Law: Policy, Contexts and Practice examines the legal implications of introducing environmental taxes and other economic instruments into the regulatory framework of UK law. In doing so, it analyzes and explains the difficulties of grafting environmental taxes onto the complexities of existing regulatory structures, not all of which, of course, were originally devised with environmental considerations in mind. Although the focus of the book is the UK's pioneering implementation of a web of distinct yet interrelated policy measures, it locates the UK's taxes and instruments not simply in their broader context of market and environmental regulation, but also in the contexts of European and international law.
The development of an international substantive environmental right on a global level has long been a contested issue. To a limited extent environmental rights have developed in a fragmented way through different legal regimes. This book examines the potential for the development of a global environmental right that would create legal duties for all types of decision-makers and provide the bedrock for a new system of international environmental governance. Taking a problem solving approach, the book seeks to demonstrate how straightforward and logical changes to the existing global legal architecture would address some of the fundamental root causes of environmental degradation. It puts forward a draft global environmental right that would integrate duties for both state and non-state actors within reformed systems of environmental governance and a rational framework for business and industry to adhere to in order that those systems could be made operational. It also examines the failures of the existing international climate change regime and explains how the draft global environmental right could remedy existing deficits. This innovative and interdisciplinary book will be of great interest to policy-makers, students and researchers in international environmental law, climate change, environmental politics and global environmental governance as well as those studying the WTO, international trade law, human rights law, constitutional law and corporate law.
Tort law is often regarded as the clearest example of traditional common law reasoning. Yet, in the past 40 years, the common law of England and Wales has been subject to European influences as a result of the introduction of the European Communities Act 1972 and, more recently, the implementation of the Human Rights Act 1998 in October 2000. EU Directives have led to changes to the law relating to product liability, health and safety in the workplace, and defamation, while Francovich liability introduces a new tort imposing State liability for breach of EU law. The 1998 Act has led to developments in privacy law and made the courts reconsider their approach to public authority liability and freedom of expression in defamation law. This book explores how English tort law has changed as a result of Europeanisation - broadly defined as the influence of European Union and European human rights law. It also analyses how this influence has impacted on traditional common law reasoning. Has Europeanisation led to changes to the common law legal tradition or has the latter proved more resistant to change than might have been expected?