Environmental Law

Why is environmental law relevant to engineers and managers?

Environmental law is relevant to engineers and managers because many work in industries where regulations apply to prevent harm, and understanding it helps avoid liability while promoting compliance and innovation

What illustrates the complexity of environmental problems?

The Buncefield fire case illustrates the complexity of environmental problems, involving air/groundwater/soil pollution, property damage, job loss, and multiple parties like operators, residents, and agencies.

How is environmental law defined?

Environmental law is defined as the area of law that seeks to manage human impacts on the environment.

How has environmental law developed over time?

Environmental law developed from pre-industrial tort-based responses, to reactive legislation from the mid-19th century to 1970s, and then to a proactive approach from the 1970s onward.

What tension exists in environmental law concepts?

A tension exists in environmental law between intrinsic views of the environment as valuable in itself and utilitarian views that prioritize human use and economic benefits.

What are the four main principles of environmental law?

The four main principles of environmental law are the precautionary principle, the preventative principle, the polluter pays principle, and the proximity principle (rectification at source).

What is the precautionary principle in environmental law?

The precautionary principle requires action to prevent environmental harm even when scientific evidence is incomplete or uncertain.

What is the preventative principle in environmental law?

The preventative principle emphasizes avoiding environmental harm through early intervention and measures to stop pollution before it occurs.

What is the polluter pays principle?

The polluter pays principle holds that those who cause environmental harm should bear the costs of prevention, control, and remediation.

What is the proximity principle (rectification at source)?

The proximity principle requires that environmental harm be addressed as close as possible to its source to minimize transport and impacts.

What are the main sources of environmental law in the UK?

The main sources of environmental law in the UK include statutes like the Environmental Protection Act 1990, delegated legislation like the Environmental Permitting Regulations 2010, governmental policy and guidance, and common law such as the tort of nuisance.

What role did EU law historically play in UK environmental law?

EU law historically influenced UK environmental law through directives like the EU Wild Birds Directive, which led to UK legislation such as the Wildlife & Countryside Act 1981.

What are international sources of environmental law?

International sources of environmental law include agreements and declarations such as the Paris Accord, Kyoto Protocol, and Rio Declaration.

What is the aim of environmental regulatory control?

The aim of environmental regulatory control is to prevent or limit harm by managing emissions, waste, and other impacts.

What are the four main types of environmental control?

The four main types of environmental control are command and control (administrative regulation), economic instruments, private voluntary instruments, and criminal and civil law.

What are examples of command and control environmental standards?

Examples of command and control environmental standards include environmental quality standards, technical standards, emissions standards, and product standards.

What operational controls fall under command and control?

Operational controls under command and control include prohibitions, planning permissions, licensing and permits, and decommissioning requirements.

What are examples of economic instruments in environmental control?

Examples of economic instruments include charges or taxes on emissions or materials, cost recovery charging, subsidies and grants, emissions trading schemes, and deposit-refund systems.

What are private voluntary instruments in environmental law?

Private voluntary instruments include company voluntary agreements, standards like ISO 14001 or FSC certification, and provision of information through eco-labels or annual reports.

How do criminal and civil law function in environmental control?

Criminal and civil law deter environmental harm through direct sanctions or indirect roles in regulation, including torts like negligence, nuisance, and Rylands v Fletcher.

What is the regulatory toolbox approach in environmental protection?

The regulatory toolbox approach involves using a combination of instruments to address issues, considering which tools or mix work best, though decisions are politically sensitive.

What governs environmental permits in the UK?

Environmental permits are governed by the Environmental Permitting Regulations 2016.

When is an environmental permit required?

An environmental permit is required to operate a regulated facility, including installations, mobile plant, waste operations, radioactive activities, water discharge, and groundwater activities.

Which bodies grant environmental permits based on facility classification?

The Environment Agency grants permits for Part A(1) facilities, while Local Authorities grant them for Part A(2) and Part B facilities.

What factors does the regulator consider when determining a permit application?

The regulator considers whether the facility meets environmental protection levels and if the operator is competent, including management systems, compliance history, and funding.

When is public participation required in the permit process?

Public participation is required for new applications or substantial changes, but not for minor variations

What are bespoke environmental permits?

Bespoke environmental permits are custom permits for seriously polluting or complex installations, such as power stations or landfills.

What are standard environmental permits?

Standard environmental permits apply fixed rules to specific facility types, like waste operations, with no appeal against conditions.

What obligations apply when ceasing operations under a permit?

For Part A(2)/B facilities, operators must give 20 days' notice; for Part A(1), the regulator must confirm pollution risks are avoided and the site is restored.

How is waste defined in environmental law?

Waste is defined as any substance or object that has been discarded, including production residues or accidental releases into soil or groundwater.

When does a substance cease to be waste?

A substance ceases to be waste when it is fully recovered and can be used without further processing, as in OSS Group v Environment Agency.

How is waste management regulated?

Waste management is regulated by the Environment Agency under the environmental permitting system, covering deposit, treatment, keeping, or disposal.

What is the waste duty of care under s34 EPA 1990?

The waste duty of care requires reasonable measures to prevent offences, escapes, and proper transfers to authorized persons with descriptions.

What is the role of the Code of Practice under the waste duty of care?

The Code of Practice provides guidance and is considered in prosecutions for failing the duty of care.

What are the three types of liability for environmental harm?

The three types of liability are regulatory (e.g., permit breach), criminal (e.g., EPA offences), and civil (e.g., negligence or nuisance).

What actions can regulators take for breach of an environmental permit?

Regulators can issue enforcement or suspension notices, revoke permits, or take remedial steps and recover costs from the operator.

What is statutory nuisance and how is it addressed?

Statutory nuisance includes prejudicial smoke, fumes, dust, accumulations, or noise; local authorities serve abatement notices requiring cessation or works.

What are examples of criminal offences under environmental law?

Criminal offences include failing to obtain/comply with permits, breaching waste duty of care, causing pollution to waters, or depositing harmful waste.

Who can be held criminally liable for environmental offences?

Criminal liability can apply to the individual offender, the employing company, or directors/managers who consented, connived, or were negligent.

What civil liabilities arise from environmental harm?

Civil liabilities include torts like negligence, private nuisance (interference with land enjoyment), and trespass, plus private actions for statutory nuisance.