Module Identifier ES30310  
Module Title ENVIRONMENTAL LAW AND ASSESSMENT  
Academic Year 2003/2004  
Co-ordinator Professor Peter Wathern  
Semester Semester 2  
Other staff Miss Marianne Mackintosh  
Mutually Exclusive LA37720  
Course delivery Lecture   22 Hours  
Assessment
Assessment TypeAssessment Length/DetailsProportion
Semester Exam2 Hours  100%
Supplementary Assessment 2 hour written examination   
Further details http://users.aber.ac.uk/zwk/es30310  

Learning outcomes

On 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;
? have gained a selected knowledge of the Environmental Impact Assessment procedures that allows anticipated impacts on the built and natural environment to be considered;
? 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 their ability to critically analyse the substance, structures and application of environmental law and Environmental Impact Assessments;
? be able to situate their knowledge of the legal rules and principles of UK environmental law within a wider legal and social context;
? be able, where appropriate, to appreciate comparative approaches to the regulation of the environment;
? 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 due to proposed developments to be taken into account in decision making.

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 22 x 1 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.

Content

Key: Alan Bond (AB)

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. Planning law and environmental impact assessment
13. Explaining the value of Environmental Impact Assessment (AB)
14. Introduction to Environmental Impact Assessment (AB)
15. EIA in the UK - the difference between an ideal process and EIA regulations (AB)
16. EIA - deciding whether it is necessary? (AB)
17. EIA - deciding what issues should be covered? (AB)
18. The Environmental Impact Statement (AB)
19. Maintaining quality in Environmental Impact Assessment (AB)
20. EIA methods - how can you do it? (AB)
21. EIA outside the UK (AB)
22. Strategic Environmental Assessment - the impacts of policies, plans and programmes (AB)

Reading Lists

Books
John Alder & David Wilkinson (1999) Environmental Law and Ethics Macmillan 033367491X
Stuart Bell & Donald McGillivray (2000) Ball & Bell on environmental law: the law and policy relating to the protection of the environment Blackstone Press 185431887X
John McEldowney and Sharon McEldowney (2001) Environmental Law & Regulation Blackstone Press 1841741140
John Glasson, Riki Therivel & Andrew Chadwick (1999) Introduction to Environmental Impact Assessment UCL Press 1857289455

Notes

This module is at CQFW Level 6