Regulation, Enforcement and Governance in Environmental Law is an updated edition of Richard Macrory's most influential writings. Spanning his entire career, these are all works which have helped shape contemporary environmental law and policy. The book includes the full text of his 2006 Cabinet Office Review on Regulatory Sanctions, new chapters on the Climate Change Act 2008, the Environment Tribunal, and analysis of recent leading cases.
The book is divided into five thematic sections: Regulatory reform, Institutional Reform and Change, the Dynamics of Environmental Law, the Courts and the Environment and Europe and the Environment.
Reviews of the first edition:
'This book is surely destined to become a 'must read' for anyone (academic, practitioner or student) interested in the development of regulation, enforcement, and environmental governance.' P Bishop, IUCN Academy of Environmental Law Journal
'An excellent reference work on environmental law....an extremely important and valuable edition to the environmental lawyer's bookshelf.' C Abbot, Journal of Environmental Law
'It is a rare to find a volume which consumes one's attention for 765 pages - and rarer still that such a blockbuster be a law book...This book is not solely for environmental enthusiasts - it should be essential reading for anyone concerned with the institutional reform, transparency and accountability in the UK and EU.' C MacKenzie, Cambridge Law Journal
Autorentext
Richard Macrory Hon KC is Emeritus Professor of environmental law at University College London where he set up and was first director of the Centre for Law and the Environment.
Professor Macrory served as a board member of the Environment Agency England and Wales between 1999 and 2004, and was a long-standing member of the Royal Commission on Environmental Pollution. He was the founding editor of the Journal of Environmental Law.
In 2006 Professor Macrory led the Cabinet Office Review on Regulatory Sanctions and his recommendations were reflected in Part 3 Regulatory Enforcement and Sanctions Act 2008 which established the framework for civil sanctions in the regulatory field.
Professor Macrory was the first chair of the UK Environmental Law Association, and in 2016-2018 was co-chair of the UKELA's Brexit Task Force. He is a bencher of Grays Inn, and was appointed an Hon. KC in 2008.
Zusammenfassung
Regulation, Enforcement and Governance in Environmental Law is an updated edition of Richard Macrory's most influential writings. Spanning his entire career, these are all works which have helped shape contemporary environmental law and policy. The book includes the full text of his 2006 Cabinet Office Review on Regulatory Sanctions, new chapters on the Climate Change Act 2008, the Environment Tribunal, and analysis of recent leading cases.The book is divided into five thematic sections: Regulatory reform, Institutional Reform and Change, the Dynamics of Environmental Law, the Courts and the Environment and Europe and the Environment.Reviews of the first edition: 'This book is surely destined to become a 'must read' for anyone (academic, practitioner or student) interested in the development of regulation, enforcement, and environmental governance.' P Bishop, IUCN Academy of Environmental Law Journal 'An excellent reference work on environmental law .an extremely important and valuable edition to the environmental lawyer's bookshelf.' C Abbot, Journal of Environmental Law 'It is a rare to find a volume which consumes one's attention for 765 pages and rarer still that such a blockbuster be a law book This book is not solely for environmental enthusiasts it should be essential reading for anyone concerned with the institutional reform, transparency and accountability in the UK and EU.' C MacKenzie, Cambridge Law Journal
Inhalt
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 …