Recently Published Environmental Law Articles

Below is a list of recently published articles by Richard Macrory, Director of the Centre for Law and the Environment.

MACRORY  (2013)  Sanctions and Safeguards–the Brave New World of Regulatory Enforcement  Current Legal Problems 2013; doi: 10.1093/clp/cut006 An analysis of the development of new approaches to regulatory sanctions under the Regulatory Enforcement and Sanctions Act 2008 including personal insights into the processes of legislative development

MACRORY (2013) ‘The United Kingdom’ in R Macrory J Jans and A Moreno Molina (eds)  National Courts and EU Environmental Law  Europa Law Publishing    Considers how over the last decade or so the UK courts have handled the EU doctrines of sympathetic interpretation, direct effect and Frankovitch damages in environmental cases.

MACRORY (2013)  (with V Madner and S Mayr)  ‘Consistent Interpretation of EU Environmental Law’ in R Macrory J Jans and A Moreno Molina (eds)  National Courts and EU Environmental Law  Europa Law Publishing    Critically examines the principle of consistent or sympathetic interpretation as developed by the Court of Justice of the European Union, against the background of its application by national courts in environmental cases.

MACRORY (2013)  ‘Environmental Enforcement and Sanctions’  International Comparative Guide to Environment Law 2013  Global Legal Group, London   A review of the current development in the design of environmental sanctions including new approaches by the Court of Justice of the European Union, and the development of an integrated criminal and civil approach   in England and Wales

MACRORY (2012) ‘The Role of the First Tier Environment Tribunal  [2012] Judicial Review  54-60  The establishment of the UK’s first speciliazed environmental court – how and why it came about after over twenty years of debate.

MACRORY (2012)  ‘The UK Climate Change Act – Towards a Brave New Legal World?’  In  Backer, Fauchald, and Voight   Pro Natura  University of Oslo  The 2008 Climate Change Act has been heralded as a world leader in legislative design for climate change.  This article considers whether it has real legal bite, or is more a statement of political intention.

MACRORY (2012)  ‘Environmental Sanctions under Scrutiny’  in International Comparative Guide to Environment Law 2012  Global Legal Group, London  Emerging developments concerning environmental sanctions within the EU and in England and Wales.

MACRORY (2011)  The Environment as an Instrument of Constitutional Change in Jowell and Oliver The Changing Constitution   Oxford University Press Argues that the field of the environmental law and policy had proved to be the main testing ground for new constitutional principles in England and Wales concerning the relationship of the citizen and government.

MACRORY (2011)  Consistency and Effectiveness – Strengthening the New Environmental Tribunal  UCL Centre for Law and the Environment  Commissioned by the Ministry of Justice, the report argues that the system of regulatory appeals in environmental regulation in England and Wales is unnecessarily muddled to the detriment of industry, government and the public. Argues that in future appeals should be handled by the newly establshished environment tribunal.

MACRORY (2011)  ‘Weighing up the Performance’  Journal of Environmental Law Vol 23 No 2  311-318  Considers whether performance standards for industrial CO2 emissions would be preferable to emissions trading.