Gwybodaeth Modiwlau

Module Identifier
ES30310
Module Title
ENVIRONMENTAL LAW AND ASSESSMENT
Academic Year
2008/2009
Co-ordinator
Semester
Semester 2
Mutually Exclusive
LA37720
Mutually Exclusive
ES30310 module is not available to students taking a Law Degree
Other Staff

Course Delivery

Delivery Type Delivery length / details
Lecture 22 Hours.
 

Assessment

Assessment Type Assessment length / details Proportion
Semester Exam 2 Hours   100%
Supplementary Exam 2 Hours   2 hour written examination  100%

Learning Outcomes

On successful completion of this module students should:-

  • have gained a basic knowledge of the workings of the UK legal system and its relationship to European and international law;
  • have gained a selected knowledge of the substantive legal framework that governs the regulation of the built and natural environment in the UK;
  • be able to detail the relationships between the conceptual frameworks that underpin environmental law and some of the resulting statute and case law;
  • be able to demonstrate an awareness of the legal and procedural requirements of Environmental Impact Assessments at a national and international level;
  • be able to assess the role of Environmental Impact Assessment as a tool for environmental protection by drawing on a wide range of topical case studies;
  • be able to develop critical insights into the role of Strategic Environmental Assessment in planning, politics and practice;
  • be able to situate their knowledge of the legal rules and principles of UK environmental law within a wider legal and social context, especially in relation to sustainable development;
  • be able to demonstrate an understanding of the difficulties that arise in translating environmental and scientific issues into legal rules and principles.

Aims

This module aims to introduce students to selected aspects of the legal rules and principles governing the regulation in the UK of the built and natural environment. It also considers Environmental Impact Assessment which allows the prediction of likely damage to the built and natural environment alongside applications for major development projects. This module will explore how the introduction of Environmental Assessment at European level imposes legal requirements for the consideration of 'environmental information' in the planning and decision making process. The scope of Environmental Impact Assessment will be considered in relation to historical case studies and recent proposals: including the Aswan Dam, Sydney Harbour Tunnel and Severn Barrage. The lectures are designed to be interactive, involving some group work including a workshop where students' fulfil the role of a 'judge' in deciding the outcome of planning appeals. The module will conclude with a lecture on 'Strategic Environmental Assessment', which has recently been introduced to Member States. This lecture will discuss the opportunities and challenges the SEA Directive may present.

In addition to gaining knowledge of substantive UK environmental law, the module will examine some of the underlying policy issues related to environmental protection. Students will be expected to develop critical perspectives on substantive legal issues by considering the complex social, economic and political context in which these rules and principles exist. Because the course is delivered solely by 9 x 2 hour lectures, students will be expected to develop a deeper understanding of the subject, and the issues it raises, through independent learning and research that builds upon the recommended readings provided.

This module may be suitable for students considering a career path with local authorities, statutory environmental agencies (e.g. Countryside Council for Wales) or consultancy firms.

Content

  1. Law - Habitual Normative Behaviour, Legal Principles and Hierarchies of Rules
  2. Elements of the UK Legal System in its Social and Legal Context
  3. The Sources and Principles of Environmental Law
  4. Nuisance and The Historical Failure of Common Law to Protect the Environment
  5. Introduction to Institutional Arrangements, Environmental policies and Principles
  6. The Range of Legal Techniques Used in Environmental Law
  7. Pollution on Land
  8. Water Pollution
  9. Air Pollution
  10. Assessing the Effectiveness of Law in Terrestrial Habitat Conservation
  11. Approaches to the Conservation of the Marine Environment, and the Problems Encountered
  12. Introduction to Environmental Impact Assessment and planning law.
  13. EIA in the UK - the difference between an ideal process and EIA regulations
  14. EIA methods - how can you do it?
  15. EIA outside the UK
  16. Strategic Environmental Assessment - the impacts of policies, plans and programmes

Reading List


John Alder & David Wilkinson (1999) Environmental Law and Ethics Macmillan Primo search John Glasson, Riki Therivel & Andrew Chadwick (1999) Introduction to Environmental Impact Assessment UCL Press Primo search John McEldowney and Sharon McEldowney (2001) Environmental Law & Regulation Blackstone Press Primo search Stuart Bell & Donald McGillivray (2000) Ball & Bell on environmental law: the law and policy relating to the protection of the environment Blackstone Press Primo search

Notes

This module is at CQFW Level 6