By Centre for Law and Environment , on 18 August 2014
15 September 2014, 3.30 – 6.30pm (coffee from 3pm)
Chaired by The Rt Hon The Lord Carnwath of Notting Hill and Professor Paul Mitchell (UCL)
The place of regulatory decisions in private nuisance is of enormous practical significance, for litigators, planners, businesses and communities. It also highlights broader, persistent questions about the relative roles of courts and administrative bodies in the generation and enforcement of appropriate social (including environmental) standards, and in the distribution of risks, opportunities, costs and benefits. In this seminar Maria Lee (UCL) will talk on Nuisance and the complexity of regulation; Eloise Scotford (Dickson Poon School of Law) on Private nuisance, regulation and the nature of property rights: an evolving legal story; Ben Pontin (University of the West of England) on The co-evolution of nuisance and environmental regulation; Jenny Steele (University of York) on “An unduly moralistic approach to disputes”? Monetary remedies for nuisance after Coventry v Lawrence; and Justine Thornton (39 Essex Street) on The role of public nuisance in environmental pollution control.
By Centre for Law and Environment , on 13 June 2014
Working in partnership with the Global Legislators Organisation, GLOBE International, UCL has published a major review of national laws and policies in 21 countries concerning natural capital accounting. The study featured contributions from 56 individuals, including parliamentarians, government officials, external consultants, and subject matter experts from UCL.
The study was officially launched on 7 June 2014 at the 2nd World Summit of Legislators, hosted by the Mexican Congress of the Union in Mexico City. More than 500 presidents, speakers and senior legislators from around the world attended the Summit. One of the study’s lead authors Dr Ben Milligan highlighted the study’s objectives and key conclusions in an address to the Summit’s plenary session.
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By Rob Amos, on 15 May 2014
Professor Richard Macrory has conducted a study of 57 appeals decided by the Planning Inspectorate over the past three years. The study was carried out at the end of last year when DEFRA was considering transferring environmental permitting appeals from the Inspectorate to the First Tier Environment Tribunal in line with the Macrory Report: Consistency and Effectiveness – see here for the initial consultation proposals.
The purpose of the study was to see what sorts of issues were likely to arise in practice to help focus recruitment priorities in the Tribunal.
In the event the Government has recently decided not to transfer for the time being, mainly on the grounds of the current Tribunal charges imposed on Departments as compared with the Planning Inspectorate, see here.
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By Rob Amos, on 6 May 2014
On Thursday 1st May the UCL-KCL Postgraduate Environmental Law Symposium was held. It was organised by three postgraduate students: Emily Barritt (KCL), Kim Bouwer (UCL) and Larissa Boratti (UCL), and this year was hosted by KCL. The day gave postgraduate students and researchers from both the UK and abroad the opportunity to meet and share ideas with their peers. Support for the day was provided by KCL’s Dickson Poon School of Law, UCL’s Faculty of Laws, the Centre for Law and the Environment and the Institute of Sustainable Resources.
The presentations covered a number of contemporary issues in environmental law and policy under the headings of Environmental Governance, International Environmental Law, Sustainable Resources, Climate Change and Energy, Rights and Participation and EU Environmental Law. The range of topics covered illustrated the points made by Professor Maria Lee from UCL in her introduction to the symposium: environmental law is an inherently pluralistic discipline and its boundaries cannot be comprehensively defined.
See here for summaries of the presentations given during the day: UCL-KCL Conference 2014 – Programme.
By Rob Amos, on 29 April 2014
On Friday 11 April 2014, the Public Interest Environmental Law (PIEL) UK 8th Annual Conference was held at Cass Business School, City University London. This year’s event was organised by a committee of environmental law students from UCL, SOAS, City University London and Birkbeck, and drew around 150 attendees including academics, practitioners, NGO representatives and students. It was also generously supported by UCL, City University London, LSE, Hausfeld & Co LLP, Green Dragons, and Friends of the Earth.
With the overarching theme as “Corporations’ Role in the Environmental Crisis: Problem or Solution?” the day was crammed full of enthusiasm from our Chair, Professor William Howarth (Kent Law School), speakers and attendees to engage with the question and its many facets.
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By Centre for Law and Environment , on 14 April 2014
Centre member Maria Lee has published EU Environmental Law, Governance and Decision-Making with Hart Publishing.
A vast and diverse body of EU law addresses an enormous range of environmental matters. This book examines a number of areas of substantive EU environmental law, focusing on the striking preoccupation of EU environmental law with the structure of decision-making. It highlights the observation that environmental protection and environmental decision-making depend intimately both on detailed, specialised information about the physical state of the world, and on political judgments about values and priorities. It also explores the elaborate mechanisms that attempt to bring these distinctive decision-making resources into EU environmental law in areas including industrial pollution, chemicals regulation, environmental assessment and climate change.
By Centre for Law and Environment , on 13 April 2014
Ben Milligan’s paper, entitled ‘Planning for offshore CO2 storage: Law and policy in the United Kingdom’ is now available online in Volume 48 of Marine Policy.
‘Offshore CO2 storage’ refers to the injection of liquefied CO2 into deep geological formations beneath the seabed (e.g. depleted oil and gas reservoirs, and saline aquifers) for the purpose of storing it there on a permanent basis. The storage in this manner of captured CO2 emissions from industrial installations and power plants has attracted considerable scientific and technical interest as a potential mitigation response to climate change. A key issue facing policymakers in several countries is how to reconcile policy commitments to develop offshore CO2 storage with other competing – and potentially conflicting – uses of the marine environment. With a view to informing policy responses to this issue, Ben’s paper presents a case study of legal and policy frameworks concerning offshore CO2 storage in United Kingdom. The paper maps key design features of the United Kingdom׳s framework for marine permitting and planning, appraising the extent to which they enable orderly development of offshore CO2 storage in a manner consistent with relevant high-level policy objectives.
By Centre for Law and Environment , on 9 April 2014
Jonathan Robinson, currently Director of resources and Legal Services at the Environment Agency, England and Wales, has been appointed a Visiting Professor to the Faculty.
Jonathan was a senior lawyer at the Department of Environment Food and Rural Affairs, before taking up the position of Chief Legal Adviser to the Ministry of Social Development, New Zealand. He was subsequently appointed Chief Legal Adviser to the Department of Communities and Local Government before taking up his present position with the Environment Agency in 2009.
On learning of the appointment, Jonathan said, “I’m have always greatly enjoyed my discussions with the high calibre students and academic staff and researchers at UCL, and am delighted and hugely honoured to be made a Visiting Professor. I look forward to working more closely with UCL over the coming years”
Richard Macrory, co-director for the Centre for Law and the Environment, commented, “We are all absolutely delighted at the prospect of closer collaboration with Jonathan – he is someone with enormous experience of environmental law and the machinery of government, and his appojntment comes at a period in the development of thinking about environmental regulation and environmental regulators.”
By Centre for Law and Environment , on 25 March 2014
On the 6th of March 2014, King’s College, in collaboration with UCL, organised a conference on Carbon Capture and Storage (CCS) (see our previous post for more details and a short summary of the event). The Conference Report, including the day’s programme and a list of delegates, is now available and can be downloaded from the following link: CCS Conference Report (KCL & UCL). For copies of speakers’ presentations and more information on events at King’s College in general, please click here.
By Centre for Law and Environment , on 19 March 2014
The Supreme Court handed down an important decision on the relationship between private nuisance and planning permission on 26 February, citing publications by a member of the UCL Centre for Law and the Environment.
In broad terms, the tort of nuisance addresses the reasonable use and enjoyment of land. The paradigm private nuisance is perhaps a case of noise or smells from industrial or commercial activities, although a nuisance can also take the form of physical harm to property or encroachment on the claimant’s land (for example by tree roots). Many of the activities challenged in private nuisance have been granted planning permission, raising profound practical and constitutional questions about the relationship between the regulatory state and the courts. Read the rest of this entry »