Environmental Regulation and Redress

Module titleEnvironmental Regulation and Redress
Module codeLAW2016C
Academic year2019/0
Credits15
Module staff

Mrs Kate Holtaway (Convenor)

Duration: Term123
Duration: Weeks

11

Number students taking module (anticipated)

12

Description - summary of the module content

Module description

If you are concerned about environmental destruction and ensuring accountability on a global basis, then learning to articulate your argument and back it up with a sound grasp of the law might help you to make a real difference! The module is crucial to establish a working knowledge of how the law can be used as a mechanism to reconcile competing values in the protection of the environment and seeks to develop an understanding of the legal avenues available to mitigate environmental harm. As an environmentally aware individual what can you do if you feel that another individual or business has committed an environmental wrong? What guidance is given on a global level, and what are the forms of redress where law is ignored? If it is the ‘polluter’ who should pay for environmental damage, how should that principle be enforced, and what immediate action can an individual take where he/she is concerned that irretrievable environmental damage might occur?

You will experience a flavour on this module of the court process for resolving disputes of this nature, and will be tasked with presenting your case in a mock courtroom setting.

Module aims - intentions of the module

You will look at international contributions to UK law and policy and the important role the EU has had in setting environmental standards. You will examine how, as members of the EU, we are obliged in the UK to reflect these decisions in our own legislation and you will critically reflect on the extent to which the law might be used to embed pro-environmental behavior and sustainability. You will also consider the increasing role of environmental considerations in project finance.

 The various forms of redress will be considered and you will be introduced to the difference between public law responses in the form of legislation and private law controls like private nuisance.

You will look at international contributions to UK law and policy and the important role the EC has had in setting environmental standards. You will examine how, as members of the EC, we are obliged in the UK to reflect these decisions in our own legislation and you will critically reflect on the extent to which the law might be used to embed pro-environmental behavior and sustainability.

 The various forms of redress will be considered and you will be introduced to the difference between public law responses in the form of legislation and private law controls like private nuisance.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

  • 1. Identify and explain the historical foundations of environmental law
  • 2. Illustrate the key principles of environmental law
  • 3. Describe the main ethical perspectives of environmental law and policy
  • 4. Analyse the different sectors of environmental regulation
  • 5. Identify and evaluate with minimum guidance the current content and direction of environmental law
  • 6. Use relevant information to explain and discuss how environmental law has developed and is applied in practice

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

  • 7. Relate theoretical perspectives to specific legal cases
  • 8. Assess the methods and rationales for studying environmental law

ILO: Personal and key skills

On successfully completing the module you will be able to...

  • 9. Retrieve and efficiently use primary and secondary library-based and electronic resources with minimum guidance
  • 10. Participate in discussions on a selected topic and defend an argument in similar discussions
  • 11. Understand and reflect upon substantive and theoretical texts
  • 12. Work independently and manage time efficiently and effectively in preparing for the coursework and the examination
  • 13. Effectively interact with peers for small-group presentations and general discussion, modifying your own position where appropriate

Syllabus plan

Syllabus plan

Whilst the module’s precise content may vary each year, it is envisaged that it will cover some or all of the following topics:

The module begins by considering the development of environmental concern over the last 60 years and how the law has responded. We will look at the scope of environmental law and consider the inter-disciplinary nature of this area. The module will then build on this introduction by considering in detail the following points.

Introduction to international and EU measures taken for the protection of the environment and the role of the environmental principles.

Private law actions, namely under the ‘torts’ of private and public nuisance, trespass, negligence, the ‘rule' in Rylands v. Fletcher and civil liability.

Planning law in England and Wales.

Environmental justice and three pillars of access to justice (the Aarhus Convention). Process of the judicial review and those entitled to bring an action.

Various avenues of seeking redress under the EU law such as judicial review and direct effect.

Environmental rights under the European Convention on Human Rights.

Project Finance and the Environment.

Introduction to environmental problem solving. You will be taught to demonstrate a flexible and innovative ability to analyse legal problems, identify the relative significance of applicable rules and principles, and select various avenues of seeking redress.

Learning and teaching

Learning activities and teaching methods (given in hours of study time)

Scheduled Learning and Teaching ActivitiesGuided independent studyPlacement / study abroad
221280

Details of learning activities and teaching methods

CategoryHours of study timeDescription
Scheduled Learning and Teaching 2010 x 2 hour Lectures
Scheduled Learning and Teaching21 x 2 hour workshop to discuss assessed poster
Guided Independent Study60Additional research, reading and preparation relating to each lecture
Guided Independent Study68Additional research, reading and preparation for module assessments

Assessment

Formative assessment

Form of assessmentSize of the assessment (eg length / duration)ILOs assessedFeedback method
Lecture assignments (students are expected to prepare answers to given problems/questions ready to discuss in lectures)Formative discussionsAllTutor and peer oral feedback

Summative assessment (% of credit)

CourseworkWritten examsPractical exams
10000

Details of summative assessment

Form of assessment% of creditSize of the assessment (eg length / duration)ILOs assessedFeedback method
Poster50Individual posters worth 1,500 words including visual, pictorial and diagrammatic information; text must remain legible (font size no less than 10 point) 1-9, 11-12Written and verbal
Essay502,000 words1-9, 11-12Written

Re-assessment

Details of re-assessment (where required by referral or deferral)

Original form of assessmentForm of re-assessmentILOs re-assessedTimescale for re-assessment
PosterIndividual posters worth 1,500 words including visual, pictorial and diagrammatic information; text must remain legible (font size no less than 10 point)1-9, 11-12August/September re-assessment period
EssayEssay1-9, 11-12August/September re-assessment period

Resources

Indicative learning resources - Basic reading

Bell and McGillivray, Environmental Law (7th Edition, 2008)

Wolf and Stanley on Environmental Law, Wolf, F and Stanley, N (2011) Taylor and Francis

Finch and Fafinski, Legal Skills, OUP (2nd Edition, 2009). Copies can be found in the library. The textbook explains how to find legal resources from statutes to cases and includes tips on legal writing.

Kramer, EC Environmental Law, Sweet and Maxwell (2006)

Connie, Bradney and Burton, English Legal System in Context (2007), OUP, Oxford

Partington, M, Introduction to the English Legal System (2008) OUP Oxford

Nicolas de Sadeleer, Environmental Principles (2005), OUP Oxford

Module has an active ELE page

Key words search

Environment, law, regulation, EC, environmental, crime, prosecution, public, participation, mooting

Credit value15
Module ECTS

7.5

Module pre-requisites

None

Module co-requisites

None

NQF level (module)

5

Available as distance learning?

No

Origin date

October 2012

Last revision date

01/02/2016