Regulation, Enforcement and Governance in Environmental Law

Richard Macrory is a barrister and Professor of Environmental Law at University College London. He is one of the most distinguished and experienced of contemporary environmental lawyers, who has pioneered the development of this field of law and was the UK's first professor of 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 parteFirst 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 CarCompany (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 ofEnvironment 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 53729 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

Macrory's writings, new as well as old, remain informative, insightful and well worth reading...Regulation, Enforcement and Governance in Environmental Law holds valuable lessons for the environmental law scholar.