|Module Title||LAW OF ENVIRONMENTAL PROTECTION|
|Co-ordinator||Ms Francoise Jarvis|
|Other staff||Professor Christopher Rodgers, Dr Lynda Warren, Paul Street|
|Course delivery||Lecture||40 Hours One two hour and two one hour lectures per week|
|Seminar||8 Hours Four two hour seminars during the semester|
|Essay||Assessed essay of 2000 words required in Week 9||33%|
|Resit assessment||By retaking the failed element (ie written assignment or examination or both, as applicable)|
|Professional Exemptions||Not Required for Professional Purposes|
The Law of Pollution Control and Conservation forms a significant part of the legal response to the need to secure environmental protection. This area of the law forms a point of convergence for the forces produced by environmentalism, economics and the imperatives of justice and fairness amongst others. As well as involving profound issues confronting humanity it also forms a important area of specialism for legal practitioners.
Each part of the course - the first examining environmental principles, the second looking at environmental impact assessment, the third dealing with the law of pollution control and the fourth looking at the law surrounding the issues of conservation, land use and the countryside - seek to facilitate the student not just in learning the law but also in uncovering and critically analysing the concepts, principles and policies informing and moving the law in this area.
Attention is paid to the role of the European Community and International law.
Environmental Law tends to be in a state of rapid flux, so emphasis is placed not only on the law as it stands, but also on policy and legislative trends so that students can see the direction in which the subject is moving. The course helps to give students some insight into the importance of economic, social and political pressures in law-making.
This module aims to explore UK environmental protection law, together with certain aspects of EC environmental law. It contributes to the development of lawyers equipped to give practical and effective advice in this area. In seeking to assist students to develop their own analysis of the environmental, economic, social and other issues underlying this area of law, the module contributes to the preparation of students to proceed to carry out further social and/or legal research.
Module objectives / Learning outcomes
This module is designed to contribute to the student's academic and intellectual development in a number of ways. Through attendance at lectures, preparation for and participation in seminars and the carrying out of written coursework, the student is enabled to develop a knowledge and understanding of the system of pollution control and conservation as it operates in the UK. The student is facilitated in developing her/his own critical analysis of that system and in relating it to alternative models of environmental protection. The module is designed to allow the student to uncover and explore the issues of law, the environment, economics and social policy which are inherent in the question of environmental protection.
1.0 Environmental Principles and Compliance Mechanisms
1.1 Environmental Theory, Ethics and Politics (values).
1.2 Environmental Principles.
1.3 The British Approach to Pollution Control
Regulatory authorities, the public, NGOs, voluntary organisations and pollution control.
1.4 Criminal Law, Administrative Regulation and Market Instruments.
1.5 Planning Law, Development Control and the Environment.
2.0 Environmental Impact Assessment
2.1 The European EIA Directive.
2.2 Implementation of EIA in the UK.
2.3 EIA and Development Control.
3.0 Pollution Control
3.1 The Law of Water Pollution.
EC law on water pollution.
UK regulation of water pollution.
International regulation of the marine environment.
3.2 The Law of Integrated Pollution Prevention and Control and Air Pollution Control
EC law on air pollution.
The UK system of integrated pollution prevention and control.
Air pollution control in the UK.
Climate change and global warming.
3.3 The Law of the Pollution of Land
EC law relating to waste management and disposal.
UK regulation of waste management and disposal.
Contaminated land (including comparison to the US regime).
4.0 Nature Conservation Law
4.1 The EC Wild Birds and Habitats directives.
4.2 Protection of animals and plants.
4.3 Habitat protection in UK law.
The course will be taught by lectures and seminars. It is intended that the lectures will introduce the student to the essential elements of the subject and provide some critical analysis upon which the student can build her or his reading in preparation for the seminars.
Seminars will provide the opportunity for a more detailed examination of important topics. Students will be expected to participate in a reasoned discussion. The seminars are seen as essential to the promotion of skills in information gathering, selection and retention, and to giving students an opportunity to present structured, persuasive and logical arguments. Students are also expected to provide solutions to legal problems.
** Recommended Text
Bell & McGillivray. (2000) Environmental Law. 5th.
Alder & Wilkinson. (1999) Environmental Law and Ethics. Macmillan
** Recommended Consultation
Kramer. (2000) EC Environmental Law. 4th.
Howarth & Rodgers. (1992) Agriculture Conservation and Land Use.
Rodgers. (1996) Nature conservation & Land Use.
Journal of Environmental Law.
Journal of Planning and Environmental Law.
Environmental Law Review.