Environmental Law Flashcards

Flashcards for reviewing environmental law concepts.

What is Common Law?

Law formed as a result of setting legal precedent, developed by judges and courts, applied through reference to previous cases, historic custom, and accepted practice.

How does Common Law contribute to the UK legal system?

Vital part of the fluid nature of the UK legal system, ensures law is ‘common’ across the UK, helps retain relevance in ‘Statute Law’.

What is Statute Law?

Law devised and managed by Acts passed by Parliament, supported by Regulations, formal published enactment by the governing body, creates procedures and rules for behavior, with a requirement for evidence.

How does a statute become an 'Act' of Parliament?

Statutes begin in Parliament as Bills, go through readings, committee stage, passed to the other house, then receives ‘Royal Assent’.

What are 'Regulations' in Statute Law?

Instructions for adherence to an Act of Parliament, also known as ‘Statutory Instruments’.

What is Civil Law?

Law that establishes the rights of the individual, protects individuals against others, regulates relationships between individuals and organizations, associated with ‘Duty of Care’.

How do individuals lead claims in Civil Law?

Through court action, the ‘Claimant’ versus the ‘Defendant’, burden of proof lies on the claimant.

What is Criminal Law?

Law formed so all individuals understand the constraints of acceptable conduct, non-compliance can lead to criminal conviction and penalties, burden of proof lies on the Crown.

What is the mental element requirement for environmental offenses in Criminal Law?

No requirement of a mental element for environmental offenses, only that the physical element (the act) took place.

What consists of UK Environmental Law Primary Legislation?

Acts of Parliament (statutes or enactments) that cover broad areas.

What consists of UK Environmental Law Secondary Legislation?

Regulations or Statutory Instruments that provide technical instruction, procedures, and standards and can be amended or revoked.

What consists of UK Environmental Law Tertiary Legislation?

Guidance documents, circulars, regulator policy documents, PPGs that can be out of date and refer to revoked legislation.

How is Criminal Law dealt with in the UK?

Through the Criminal Courts, with the Prosecutor leading the prosecution and the Defendant being tried for the offense.

What are Fixed Penalty Notices?

Less common form of penalty for ‘minor’ administrative breaches, issued by regulators and are a fixed notice fine.

What are Enforcement Undertakings?

Agreements where the Environment Agency agrees not to prosecute for 'less serious cases' and allows donations to environmental projects.

What is the role of the Magistrates Court?

Deals with ‘lesser’ cases, with offenses referred to as a summary conviction and carry a penalty of up to £5000.

What is the role of the Crown Court?

Deals with ‘more serious’ criminal cases, offenses referred to as a conviction on indictment and carry a penalty of an unlimited fine and/or prison sentence.

What is the role of the High Court?

Deals with the ‘most serious’ cases, crucial in challenging UK government approaches to Climate Change and Air Quality.

What is the role of The Supreme Court?

The final court of appeal in the UK for civil cases, and for criminal cases from England, Wales and Northern Ireland and is crucial in challenging national approaches to sustainability.

According to the Environmental Protection Act 1990 s.1, what is the definition of the environment?

all, or any, of the following media, namely, the air, water and land.

What is the ISO 14001:2015 definition of the environment?

Surroundings in which an organisation operates, including air, water, land, natural resources, flora, fauna, humans and their interrelationships.

What is Sustainable Development?

Development that meets the needs of the present without compromising the ability of future generations to meet their own needs (Brundtland Definition, 1987).

What is the Polluter Pays Principle?

Those responsible for causing pollution will meet the clean-up and mitigation costs, derived as a principle after the Alphacell v Woodward case in 1972.

What is Producer Responsibility?

Life-cycle extension of polluter pays principle and is a central principle in Waste Management Policy making.

What is Extended Producer Responsibility?

Full Life-cycle extension of Producer Responsibility where Producers are responsible for the recovery of a product at the end of its life.

What is the Precautionary Principle?

Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.

What is the Preventative Principle?

Application of BAT to prevent environmental harm

What is the Substitution Principle?

The replacement of hazardous substances or processes with other less harmful substances or processes

What is the Proximity Principle?

Waste should be managed as near as possible to the place of production to limit the transportation impacts from transportation of waste for treatment or disposal

What is the Public Participation Principle?

Encourages informed public participation in environmental decision making

What is the Principle of Integration?

‘Environmental protection requirements must be integrated into the definition and implementation of all areas of policy in particular with a view to promoting sustainable development’ (EC Treaty, Article 6)

What are the three types of Arms Length Bodies?

Outputs, advise ministers, executive non-departmental.

What are the Natural England responsibilities?

Enforcement for protected sites and wildlife licenses, Advice to local authorities and developers, Grant funding (environmental stewardship), Designations.

What is the purpose of the Office for Environmental Protection?

To protect and improve the environment by holding government and other public authorities to account

What are the four priority environment areas stated in Section 30 of the Environment Act (2021)?

Waste and resource efficiency, air quality, water, nature and biodiversity.

According to the lecture notes, what are some criticisms of the 2021 Environment Act?

Regression on current EU requirements, Untreated Sewage discharges not to be penalized, Unclear funding for OEP, ‘Ambitious targets’, ‘World leading’ but no clarity on actual targets Crowd-pleasing measures – ‘Plastics Tax’, no focus on the systemic change needed to transition to a sustainable society. Lack of clarity on Climate Change objectives.

What is the 25 Year Environment Plan apex goal?

Thriving plants and wildlife.

What is Conservation?

Biosphere management within social and economic constraints, aims to produce goods and services for humans without depleting natural ecosystem service diversity, whilst acknowledging the naturally dynamic character of biological systems.

What is Preservation?

Protects species and landscapes without reference to human requirements, or the natural change in living system.

What are signatories?

Countries that have expressed their initial support for a specific international convention or treaty by signing the document.

What is Ratification?

The formal approval and acceptance of a convention/treaty by a country's competent authority (e.g., its legislative body or head of state).

What is Accession?

Countries who did not originally sign a convention/treaty can choose to become a party to a treaty/convention after the convention/treaty has already come into force.

Name the international legal instrument for the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources.

Convention on Biological Diversity (1992)

What are the Kunming-Montreal GBF - 2050 Goals?

Halt loss and restore nature, Use lands and sea sustainably, Share benefits and services, Mobilise necessary resources.

What sites are in the Natura 2000 Site Network?

SACS: Special Areas of Conservation (under Habitats Directive), SPAS: Special Protection Areas (under Birds Directive), MNRs: Marine Nature Reserves (under Marine Strategy Framework Directive and in the UK the Wildlife & Countryside Act 1981), NNRs: National Nature Reserves (UK: National Parks and Access to the Countryside Act 1949), SSSIS: Sites of Special Scientific Interest (UK: Wildlife & Countryside Act 1981).

What is the Nature Recovery Network?

A single, national ecological network of wildlife-rich places that Links to the Lawton Review (2010) to be bigger, better, more joined up.

What are marine protected areas?

Zones of the seas and coasts where wildlife is protected from damage and disturbance that meets the commitments of the CBD and EU Marine Strategy Framework Directive

What is Waste, according to the Waste Framework Directive 2008?

Any substance or object the holder discards, intends or is required to discard.

How does the UK address EU Circular Economy Package requirements?

Requirements transferred in the Environment Act 2021 and includes revised waste legislation proposals & targets, with a Monitoring Framework on progress towards a Circular Economy.

What are the UK Clean Growth Strategy Key Waste Targets?

20% reduction in food and drink waste target, work towards no food waste entering landfill by 2030, recycle 65% of municipal waste by 2035 (stuck at 44/45% for a decade), Extend producer responsibility schemes.

What is the key UK Waste Management Legislation?

Controlled Waste (England & Wales) Regulations 2012, WEEE Regulations (and Amendments) 2013, Waste Enforcement (England and Wales) Regulations 2018, Environment Act 2021, Extended Producer Responsibility (EPR) for Packaging (from 2024).

According to the Waste (England and Wales) Regulations 2011, what is required?

Requires businesses to implement the waste hierarchy, and requires waste collection authorities to collect waste paper, metal, plastic and glass separately.

What is the Environmental Protection Duty of Care?

The company producing the waste is responsible for that waste after it has been passed to another company.

What are Controlled Waters?

Bodies of water that are subject to regulatory controls and management measures.

What does SDG Goal 6 aim to do?

Ensure availability and sustainable management of water and sanitation for all.

What topics are covered in the UN Convention on the Law of the Sea (UNCLOS) 1982?

Peaceful use of the seas, Regulation of marine resources, Protection of Marine Environment, Settlement of disputes

What does the International Convention for the Prevention of Pollution from Ships or “MARPOL Convention” 1973 aim to do?

Prevent and minimise pollution from ships – accidental and routine operations

What does the Convention for the Protection of the Marine Environment of the North-East Atlantic or “OSPAR Convention” 1992 aim to do?

Protect and preserve the marine environment of the North-East Atlantic by reducing or phasing out discharges of hazardous substances to water.

Define Trade Effluent.

Any liquid waste produced by industrial, manufacturing, or commercial activities.

What powers does Section 108 of the Environment Act 1995 give the Environment Agency (the regulator)?

Entry to carry out inspections and take water or effluent samples, to issue enforcement undertakings to bring criminal prosecutions and recover the costs, to take or order anti-pollution works and operations.

According to Section 108 of the Environment Act 1995, what is the EA's aim?

To develop guidelines, regulations, and codes of practice that govern the investigation of water pollution incidents and the implementation of enforcement undertakings, aiming to prevent pollution, protect water resources, and ensure environmental compliance.

What do the Water Resource Management Plans promote?

Proactive measures to mitigate the risks associated with flooding, emphasizes public engagement and involvement in water management decisions.

What are some top issues regarding the state of UK water bodies?

Physical modification, pollution from agriculture and rural land, pollution from wastewater, non-native invasive species, pollution from towns, cities and transport.

What is the main goal of implementing Lead Local Flood Authorities?

Managing the risk of flooding from surface water, groundwater and ordinary watercourses, but also to lead on community recovery with the Local Authority.

What legislation was used in the Trail Smelter Case 1941?

Zinc and Lead smelter operated along the Columbia river by a Canadian mining company. SO2 emissions from the 400 foot chimneys proven to damage crops, trees, and pastures in US state of Washington

What is the CLRTAP?

UN Geneva Convention on Long Range Transboundary Air Pollution 1979 with a primary obligation to 'endeavour to limit and gradually reduce and prevent air pollution using BATNEEC

Why was the Montreal Protocol (1987) formed?

First international example of adoption of the precautionary principle.

What topic does the UN Convention on Climate Change 1992 Kyoto Protocol 1997 focus on?

Air quality and atmospheric pollution with a focus climate change

According to the EC Atmospheric Legislation, what is Ambient air quality and cleaner air for Europe (CAFE) Directive known as?

The Thematic Strategy on Air Pollution that sets ambient air quality standards and sets values and targets for pollutants that Members states are required monitor and inform the public on air quality levels.

What is the main goal for the UK's 25 YEP, from 2018?

Clean air, which will be achieved by meeting legally binding targets to reduce emissions of five damaging air pollutants.

What power does the Environment Act 2021 give the government?

Powers to introduce an environmental recall of vehicles if they are found to be emitting pollutants beyond permissible limits or failing to meet environmental standards

What climate pollutants should be regulated?

The ‘Kyoto Basket’: Carbon Dioxide ‘Equivalents

What is the UNFCCC Paris Agreement's central aim?

To strengthen the global response to the threat of climate change by keeping a global temperature rise this century well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit the temperature increase even further to 1.5 degrees Celsius.”

What must UN Parties do under the UNFCCC Paris Agreement

Are requested to submit Nationally Determined Contributions (new NDCs or updated NDCs) every five years, all parties are expected to increase their ambition

What must the NDCs 3.0 be informed by?

Should being informed by the first global stocktake need to be more ambitious

In the UK, what does ‘Net zero means any emissions would be balanced by?

Schemes to offset an equivalent amount of greenhouse gases from the atmosphere, such as planting trees or using technology like carbon capture and storage.

What is the role of the Climate Change Committee (CCC)?

Advise the UK and devolved governments on emissions targets and to report to Parliament on progress made in reducing greenhouse gas emissions and preparing for and adapting to the impacts of climate change.”

What must Markets alone do in order to drive the Net Zero transition?

Policy is needed to provide confidence to investors and consumers, manage risks, remove barriers to delivery and to provide financial incentives where necessary

What is Great British Energy?

New, publicly owned, clean energy company for the UK with the Mission is to accelerate clean power deployment to create jobs, boost energy independence and ensure UK taxpayers, billpayers, and communities reap the benefits of clean, secure, homegrown energy"