W1 - Intro to Environmental Law

Question 1

Define environmental law simply

Answer 1

Law that seeks to address environmental problems, it is “hot law” as the agreed frames for how we understand the world are constantly changing.

Difficult to define as boundaries are unclear “Everything and nothing” nature of environmental law is its paradox

Question 2

What challenges the further development of environmental law?

Answer 2

The structural controversial nature of environmental problems due to
1) Scientific and socio-political uncertainties
2) Wide group of actors
3) Cuts across legal cultures

Makes this distinct

Question 3

Give a brie

Question 4

Give an overview of the history of UK environmental law

Answer 4

Industrial revolution led to environmental and health damage. A private law action was brought by landowners AG vs Birmingham (sewage pollution contaminated drinking water) - This was insufficient to regulate environmental issues leading to legislative development.

Makeshift Legislations emerged focused on human impacts eg. Public Health Act. The Great Smog of London led to the Clean Air Act - increase in environmental awareness leading to establishment of environmental NGO’s, and international regulation, eg. the first multilateral environmental agreement (MEA’s).

Department of the Environment as the first crosscutting UK institution. Environmental Protection Act consolidated legislation. Brexit led to centralisation, deregulation and devolution.

Question 5

Give an overview on Institutions and sources of UK environmental law

Answer 5

Institutions
Parliament
Government (incl. regulatory agencies)
Courts

Sources
Primary legislation - adopted by parliament to delegate further with more detailed legislation but challenging to enforce
Secondary & Tertiary legislation
Called regulations, rules, codes etc, serves to elaborate procedure with more detailed measures and concrete guidance which is easier to update
Courts
Statutory interpretation, deals with common law disputes related to the environment. Judicial Review challenges procedural or substantive legality of decision, dealing with administrative appeals which challenges the substance of decisions

Question 6

Give an overview on Institutions and sources of EU environmental law

Answer 6

Institutions
Council
Commission
Parliament
Court of Justice
Agencies, e.g. EEA

Sources

Treaties - TFEU Environmental protection articles
Regulations - effect directly
Directives - most frequently used, binding as to result, requires transposition so more discretion to member states
CJEU - Interpretation and clarification of EU environmental law
Enforces via infringement procedure

Question 7

Give an overview on Institutions and sources of International environmental law

Answer 7

Institutions
UN organisations
Individual MEAs
International courts and tribunals

Sources

Treaties - Trade agreements and Human Rights treaties eg ECHR

Customary international law - Principles eg. prevention

International common law - can help clarify treaty obligations

Soft law - complements, precurses or substitutes hard law eg. declarations

Question 8

How has EU environmental law changed post brexit?

Answer 8

International law
Withdrawal agreement

UK Law
EU Withdrawal Act, retained EU Law Act but not bound to their principles

Indirect effects to EU environmental law
Access to EU internal market

Question 9

What are the goals of environmental law?

Answer 9

Absolutist approach - prevent harm, justified by seeing environmental protection as a right
Anthropocentric (focus on humans, balances social economic and environmental costs and benefits) & Ecocentric (Environment valued as its own right) both as interpretations of the absolutist approach

Balancing approaches - maximises social welfare with the costs and benefits in mind, tends to downplay environmental benefits