L1 - Introduction to Environmental Law

Question 1

What is the main aim of Environmental Law?

Answer 1

To balance competing interests to manage human impacts on the environment at local, regional, pan-regional and international levels.

Question 2

What does Anthropocentric mean?

Answer 2

It is a humanistic view of the environment

Question 3

What is Intergenerational Equity?

Answer 3

A consideration for future sustainable development by taking into consideration economical, social and environmental factors

Question 4

What is Primary Legislation?

Answer 4

A law in an Act of Parliament

Question 5

What is the purpose of the Primary Legislation?

Answer 5

To provide a Framework

Question 6

What is Secondary Legislation?

Answer 6

Regulations, Orders and By-Laws

Question 7

What is the purpose of Secondary Legislation?

Answer 7

To provide the nuts and bolts for the primary legislation

Question 8

What does Tertiary Guidance do?

Answer 8

Provides details on practical issues regarding applying the law

Question 9

Is Criminal Law, Public or Private? and are you Guilty or Liable?

Answer 9

Public

Guilty

Question 10

Is Civil Law, Public or Private? and are you Guilty or Liable?

Answer 10

Private

Liable

Question 11

What is the Supreme Court? and what was its former name?

Answer 11

It is the highest court in the UK and was formerly known as the House of Lords

Question 12

What is the definition of Precedent?

Answer 12

“A judgment or decision of a court that is recorded in law report and used as an authority for reaching the same decision in subsequent cases”

Question 13

What is Sustainable Development?

Answer 13

“Development that meets the needs of the present without compromising the ability of future generations to meet their own needs” (Brundtland Report, 1987)

Question 14

What is the Precautionary Principle?

Answer 14

“When there are threats of serious or irreversible change, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation” (EC, 2001)

Question 15

What is the Polluter Pays Principle?

Answer 15

“The polluter should bear the expenses of carrying out…pollution prevention and control measures… to ensure that the environment is in an acceptable state. In other words, the costs of these measures should be reflected in the costs of goods and services, which cause pollution in production and/or consumption” (OECD, 1974)

Question 16

What are the 3 key pillars to Environmental Law?

Answer 16

1. Sustainable Development
2. Precautionary Principle
3. Polluter Pays Principle

Question 17

What is the definition of the environment as outlined in the Environmental Protection Act 1990?

Answer 17

“all or any of the following media, namely air, water, land and air includes air within buildings or any other natural or man-made structure above or below the ground”

Question 18

What are the 2 Main Functions of Environmental Law?

Answer 18

1. To regulate, manage and sanction activities

2. To allow public participation and scrutiny

Question 19

What does the law control?

Answer 19

Industrial, commercial, construction, agricultural, extract and domestic activities

Question 20

What does the law protect?

Answer 20

Water, land, air, human health, ecosystem functions and species

Question 21

What are the 2 divisions of the law?

Answer 21

Public and Private

Question 22

What does international environmental law do?

Answer 22

Govern relations between states and deal with environmental issues that cross borders or apply globally

Question 23

In what year did the EU become the EU and what was it before?

Answer 23

2009

It was the EC between 1993 and 2009 and the EEC between 1957 and 1993

Question 24

What is the TEU?

Answer 24

The Treaty on the European Union

Question 25

What is the TFEU?

Answer 25

The Treaty on the Functioning of the European Union

Question 26

What are the 5 main legal institutions within the EU?

Answer 26

1. European Parliament
2. Council of the EU
3. European Commission
4. Court of Justice
5. Court of Auditors

Question 27

What is Soft Law?

Answer 27

Law that is not binding

Question 28

What is Primary Legislation at a European Level?

Answer 28

The Treaties – TEU and TFEU

Question 29

What is Secondary Legislation at a European Level?

Answer 29

Regulations and Directives

Question 30

What are the 5 principles of Law in General?

Answer 30

1. To provide an overarching structure to an area of law of a whole legal system
2. To guide interpretation of statutes
3. To clarify priorities
4. To underpin and shape policies
5. To assist in resolving conflicts between conflicting interests, values and aims

Question 31

In the UK where did sustainable development first appear in legislation?

Answer 31

In the Environment Act (1995)

Question 32

Give 3 examples of where sustainable development is seen in the law

Answer 32

1. EU Treaties – TEU Article 3 & TFEU Article 11
2. Natural Heritage Scotland Act 1991
3. Government of Wales Act 2006 (S.79)

Question 33

Give 3 examples of where the precautionary principle is seen in the law

Answer 33

1. EC Treaty Article 174
2. Rio Declaration 1992
3. UNCED Principle 15

Question 34

Give 3 cases (International, EU and UK Level) that demonstrated the legal significance of the precautionary principle

Answer 34

1. International – Beef Hormones (USA v EC)
2. EU – French Nuclear Testing
3. UK – Reay and Hope v British Nuclear Fuel Plc. (Sellafield)

Question 35

Give 3 examples of where the polluter pays principle is seen in the law

Answer 35

1. EC Environmental Action Programme 1972
2. White Paper of Environmental Liability 2000
3. Framework Directive on Environmental Liability 2004/35/EC