Environmental Law
AN INTRODUCTION TO ENVIRONMENTAL LAW
James Maurici, Landmark Chambers Introduction 1. This talk will look at: i. What is environmental law? ii. The sources of environmental law iii. Some key concepts in environmental law: the precautionary principle, the polluter pays, public participation and access to environmental justice iv. An introduction to the main areas of environmental law: a. air quality b. climate change c. contaminated land d. noise e. environmental permitting f. waste g. water h. nature conservation i. nuisance j. environmental impact assessment k. strategic environmental assessment l. REACH v. Some recent important environmental cases. 2. Further reading: the best introduction to the subject is the excellent Bell & McGillivray, Environmental Law (OUP, 7th ed., 2008).
What is environmental law? 3. There is no agreement on what environmental law is. This is a source of endless (academic) debate. 4. What is the “environment”? Some legal definitions … i. S. 1(2) of the Environmental Protection Act 1990 (“the EPA 1990”) “The “environment” consists of all, or any, of the following media, namely, the air, water and land; and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground.” ii. Environmental Management Standard ISO 14001 “ … air, water, land, natural resources, flora, fauna, humans and their interrelationship …”; iii. See also Annex I to the Aarhus Convention, of which more later …
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A “new” subject, underdeveloped? – see “Maturity and methodology: starting a debate about environmental law scholarship” Fisher, Lange, Scotford and Carlarne, J. Env. L. (2009) 21(2), 213-250. Fundamental questions about environmental law: i. Christopher Stone, “Should Trees Have Standing?: Towards Legal Rights for Natural Objects” (1972) Southern California LR 450-501; ii. Wild Law? The term "wild law" was first coined by Cormac Cullinan, a lawyer based in Cape Town, South Africa
James Maurici, Landmark Chambers Introduction 1. This talk will look at: i. What is environmental law? ii. The sources of environmental law iii. Some key concepts in environmental law: the precautionary principle, the polluter pays, public participation and access to environmental justice iv. An introduction to the main areas of environmental law: a. air quality b. climate change c. contaminated land d. noise e. environmental permitting f. waste g. water h. nature conservation i. nuisance j. environmental impact assessment k. strategic environmental assessment l. REACH v. Some recent important environmental cases. 2. Further reading: the best introduction to the subject is the excellent Bell & McGillivray, Environmental Law (OUP, 7th ed., 2008).
What is environmental law? 3. There is no agreement on what environmental law is. This is a source of endless (academic) debate. 4. What is the “environment”? Some legal definitions … i. S. 1(2) of the Environmental Protection Act 1990 (“the EPA 1990”) “The “environment” consists of all, or any, of the following media, namely, the air, water and land; and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground.” ii. Environmental Management Standard ISO 14001 “ … air, water, land, natural resources, flora, fauna, humans and their interrelationship …”; iii. See also Annex I to the Aarhus Convention, of which more later …
1
5.
A “new” subject, underdeveloped? – see “Maturity and methodology: starting a debate about environmental law scholarship” Fisher, Lange, Scotford and Carlarne, J. Env. L. (2009) 21(2), 213-250. Fundamental questions about environmental law: i. Christopher Stone, “Should Trees Have Standing?: Towards Legal Rights for Natural Objects” (1972) Southern California LR 450-501; ii. Wild Law? The term "wild law" was first coined by Cormac Cullinan, a lawyer based in Cape Town, South Africa