Environmental Law Flashcards
What are the 4 main principles of Environmental Law
- Precautionary principle
- Preventative principle
- Polluter pays principle
- Proximity principle
What is the aim of environmental law?
To limit environmental harm
What are the 4 types of environmental law regulation?
- Command and control
- Economic instruments
- Private voluntary instruments
- Criminal/Civil law
What is the command and control regulation?
They are standards through legislation. Control before and during activity through permits. Control after activity through decommisioning.
What is included in the economic instruments regulation?
Charges and tax on emmisions/polluting materials
subsidies/grants for green activities
Emmisions trading scheme
What is the purpose of the private voluntary regulation?
These are voluntary standards used by companies to futureproof or for marketing purposes.
What is the purpose of the criminal and civil law in relation to environmental law?
To act as a deterrent to casusing environmental harm through direct sanctions and risk of liability to tort of negligence.
What do regulators consider when distributing permits?
- The required level of envirinmental protection
- The competancy of the operator
What are the types of permits?
Standard permit - book of standard rules where applicant must accept and follow all of them
Bespoke permit - applies to more serious polluters where specific conditions must be met.
What are the 3 classifications of facilities?
- Part A1 (most serious)
- Part A2
- Part B
How many days notice do Part A2 and B facilities have to provide the local authority when they close?
20 days.
When can Part A1 facilities close?
When the EA are satisfied.
Who does the duty of care for waste fall on?
All holders of waste
What are the types of liability associated with environmental law?
Regulatory - breach of permit/statutory nuisance
Criminal - Obstruct regulator/ breach waste duty of care
Civil - tort of negligence/nuisance/trespass.
