UCL Centre for Law and Environment
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    Partnership with the Environmental Law Foundation

    By Centre for Law and Environment , on 1 June 2016

    ELF LOGO Professor Jane Holder has been leading our partnership with the Environmental Law Foundation established last year.  The ELF/UCL Clinic has been set up allowing the introduction of an environmental  legal practice element into the LLB programme and bringing UCL Laws  into a national network of ELF clinics located in universities.  This provides the opportunity to share expertise and best practice in clinical legal education, as well as identifying patterns of environmental injustice.

    As outputs from the partnership and clinic, this year’s LLB environmental law students have:BATTERSEA PARK

    • – researched EU environmental assessment law to support a cross-NGO complaint to the European Commission about the non-implementation of national regulations relating to farmland biodiversity.
    • – embarked on advice work for users of Battersea Park in relation to decision making about planned Formula E racing events.  The areas of law include environmental assessment and Aarhus participation rights.

    LLM Students Hold Climate Change Conference

    By Centre for Law and Environment , on 20 April 2016

    c5c7b637-fead-43c4-bc9b-bdb82fe12557PIEL UK held its 10th Annual Conference on 15 April : “Climate Talks After Paris: Beyond the Pledges.” Students, academics and legal practitioners attended the all day event which was organized by LLM environmental law students at London universities including UCL.

    The aim was to critically assess the future of climate negotiations and its impact on the international legal sector. The conference opened with keynote speaker Kirsty Schneeberger, who participated in the Paris negotiations as former advisor to the UNFCCC Executive Secretary. Other speakers and panellists included participants in the Paris negotiations and leading specialists in international climate law.

    Professor Richard Macrory was moderator of one of the sessions, and Ned Westaway, Hon Research Associate and a founding member of PIEL provided the closing speech. Ashley Overhouse from PIEL has provided a Detailed Account.

    First Civil Financial Penalty Served by the Environment Agency

    By Centre for Law and Environment , on 29 February 2016

    imgresThe Environment Agency has just publicized details of the first variable civil penalty served on an organization for an environmental offence. Civil penalties were part of range of new sanctions recommended by Professor Macrory in his 2006 Cabinet Office Sanctions Review, and contained in Part III Regulatory Enforcement and Sanctions Act 2008.
    .
    A penalty of £63,958 plus costs was imposed on Cumbria County Council last August after chlorine leaked out of one of its swimming pools and killed more than 400 fish in a local river, according to the Environment Agency’s  latest list of civil sanctions, published on 19 February 2016.

    Professor Macrory commented, “I am delighted to see another significant step in the practical implementation of a modern and flexible sanctions systems. In this case the incident was serious enough to warrant an imposed sanction rather than accept an agreed undertaking but not a full criminal prosecution. The Agency now has a flexible range of sanctions powers appropriate to the situation in hand.”

    Climate Change and the National Courts

    By Centre for Law and Environment , on 4 December 2015

    Over 100 people attended a packed  conference held in London on December 1 at Mishcon de Reya LLP, and hosted by UK Environmental Law Association, Planning & Environment Bar Association, and Constitutional & Administrative Law Bar Association. The focus of the event was on the potential role of national courts in climate change issues.   Any agreement that results from the current Paris negotiations on climate change will centre on bottom up national reductions plans (termed by the UN as  ‘Intended Nationally Determined Contributions’), and this suggests that national courts may play a stronger role in the future in ensuring their effective implementation.  Speakers included Tom Burke, Visiting Professor, UCL; Sarah Kohl (Department of Energy and Climate Change); Professor Richard Macrory, Centre for Law and the Environment, UCL; and Lord Carnwath, Supreme Court, with James Maurici QC chairing.    Professor Macrory considered the UK Climate Change Act 2008 and the extent to which its provisions could be justiciable in the courts. 1kpp4cvg0yww5ajdZiwiYuUKMqcntEy64pjk-CD2Jne_PLZFvmOvpWecxUdtKC1lEgWiq1g=s105

    New members of CLE

    By Centre for Law and Environment , on 3 November 2015

    We are delighted to announce the appointment of two new members to the Centre for Law and the Environment, Professor Catherine Redgwell and Justine Thornton.

    Justine is a barrister at 39 Essex Chambers, specialising in environmental law, and has been appointed a visiting professor at the Centre. Catherine is Chichele Professor of International Law at University of Oxford, All Souls College, and has been appointed an honorary professor at the Centre.

    We are thrilled to be joined by two such accomplished colleagues, and very much look forward to working with them.

     

    IV UCL-KCL Postgraduate Environmental Law Symposium

    By Centre for Law and Environment , on 21 September 2015

    After three highly successful events, the fourth Postgraduate Environmental Law Symposium jointly organised by University College London (UCL) Faculty of Laws and King’s College London (KCL) Dickson Poon School of Law will be held on 25 February 2016 at King’s College London.

    Announcement and call for papers.

    European Environmental Law Forum

    By Centre for Law and Environment , on 7 September 2015

    Professor Richard Macrory was a key note speaker at the 2015 European Environmental Law Forum conference held in Aix en Provence.

    imgresAlmost 150 people attended the meeting held 2-4 September at the Faculty of Law and Political Science, Aix-Marseille University, with workshops including presentations from many PhD students across Europe.

    The theme of this year’s conference was ‘The Effectiveness of Environmental Law” and Professor Macrory addressed the final plenary session on the challenges of designing effective sanctions at both national and European Union level.

     

    New Centre for Law and the Environment Annual Lecture Series launched

    By Centre for Law and Environment , on 3 August 2015

    First Annual Lecture
    Environmental Law in the Glasshouse:
    A Decade of the Environmental Information Regulations 2004 and What It Tells Us About Environmental Law

    Professor Liz Fisher, University of Oxford, Corpus Christi College

    Tuesday 20 October 2015, 17:00 – 18:00 (followed by drinks reception)
    at UCL Marquee (Main Quad), Gower Street, London WC1E 6BT

    The UCL Centre for Law and the Environment Annual Lecture Series is being launched in 2015 as a platform for the development and showcasing of contemporary environmental law scholarship. The Lectures are delivered on an annual basis and cover a wide range of environmental law scholarship and methodological approaches to law.

    About this talk
    The Environmental Information Regulations 2004 (EIR), as with other information rights legislation, has now been fully in force for over a decade. The starting assumption for these different regimes is that they are straightforward mechanisms that balance a general right of disclosure against limited reasons for non-disclosure. The end result is presumed to be greater clarity about environmental governance. But a decade’s worth of Information Commissioner decision notices, and tribunal and court decision reveals the opposite. The application of the EIR regime is underpinned by assumptions about good environmental governance and its operation leads to a questioning of the structure and nature of environmental governance. This paper draws on a century’s worth of experience with glass in architecture to show that this is inevitable and not a negative. But it does mean that the EIR cannot be understood as simply cutting a window into the side of government to reveal what is inside.  Rather EIR and related regimes need to be understood as architectural structures that force us to reflect on the malleable and complex nature of environmental law.

    About the speaker
    Liz Fisher, BA/LLB (UNSW), D Phil (Oxon) is Professor of Environmental Law at Corpus Christi College and UL lecturer in the Faculty of Law. She researches in the areas of environmental law, risk regulation and administrative law. Much of her work has explored the interrelationship between law, administration and regulatory problems.
    To read more about our speaker click here.
    Read further work on this topic Liz Fisher: A Decade in the Glasshouse.

    About the Centre for Law and the Environment
    Keep up to date with our work http://blogs.ucl.ac.uk/law-environment/
    Follow us on Twitter @UCLlaw_env 

    Book your place online at
    https://www.eventbrite.co.uk/e/environmental-law-in-the-glasshouse-tickets-17525575468

    For queries
    Please email Cat Balogun (c.balogun@ucl.ac.uk), Events Coordinator, at UCL Faculty of Laws.

    Evidence, Publics and Decision-making for Major Wind Infrastructure

    By Centre for Law and Environment , on 28 July 2015

    Maria Lee from the Centre for Law and the Environment is part of a team of UCL academics recently awarded ESRC funding for a project exploring the space for public participation in decision-making on major wind energy infrastructure projects. Bringing together academics from planning and science and technology studies, as well as law, this project will examine the ways in which publics engage, and the ways in which evidence and knowledge are constructed and understood, in decision-making on major wind infrastructure projects.

    A pilot research project had suggested that central government policy, at that time strongly in favour of major wind farm development, was constraining engagement with public concerns and aspirations; and also that there is a preference for ‘evidence’ and ‘knowledge’ to be constructed from highly technical ‘expert’, rather than lay, contributions. These observations raise interesting questions about how decision-making on major wind projects might take the concerns of diverse local publics into account in practice.

     

    Carbon Storage and Long-Term Viability of Northsea Production

    By Centre for Law and Environment , on 19 June 2015

    Professor Macrory took part in a workshop at the European Parliament in Brussels on 17 June exploring issues concerned with achieving a low carbon future for the North Sea.  The workshop, chaired by Ian Duncan MEP and organized by SSCS (Scottish Carbon Capture and Storage) was attended by parliamentarians, industry and non-governmental grBRU Brussels European Parliament building boups.  Enhanced Oil Recovery is a long established technology used in the United States for extracting the maximum amount of oil from a reservoir by pumping CO2 into the well. It has not yet used in the North Sea, but if combined with the long term of storage of CO2  could provided a much needed  economic incentive for CCS.  But it is not without controversy and the workshop explored issues of public engagament and perception, comparative balances (i.e. by allowing more oil extraction do you simply wipe out any benefits of the stored CO2? ), and the security of storage.  Professor Macrory focussed on legal issues likely to be associated with the approach, building on the Report that he and colleagues at the Centre wrote for SCCS last year : SCCS-CO2-EOR-JIP-WP6-Legal