A Legal Foundation for Environmental Protection
| Module title | A Legal Foundation for Environmental Protection |
|---|---|
| Module code | LAW1016C |
| Academic year | 2020/1 |
| Credits | 15 |
| Module staff | Mrs Kate Holtaway (Lecturer) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 50 |
|---|
Module description
In this module you will be introduced to law in the context of the environment and how important the legal process is in its protection. The module seeks to provide you with an overview of how the law has evolved to provide protection for the environment in its own right where its origins were largely historic concerns for public health.
You will develop empathy for the different stakeholders in environmental issues. We will consider pathways to reconcile competing interests in an attempt to strike a balance between developmental or industrial progress and the need to protect our environment.
You are not expected to have any legal knowledge or experience and the module is therefore ideal for students on an interdisciplinary pathway, as well as being a compulsory element of the Environmental Science degree. The module is designed as an essential foundation for those seeking employment following graduation in an environmental field where a working knowledge of law and policy will be assumed. It also provides an excellent foundation for further legal study.
Module aims - intentions of the module
The aim of this module is to introduce you to the challenges that we face in environmental law and the difficulties associated with balancing different values and interests that people, businesses and nations have in decisions that affect their environment. Planning decisions permit development that can impact our ecosystems, and they limit development to prevent harm. Businesses, industry, the economy, our ecosystems and ultimately our planet are all impacted by decisions that are made on a local, national and global basis to permit or prevent development, and this module will introduce you to the systems and procedures that facilitate these controls.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. describe comprehensively the principles and foundations that underpin environmental law and policy on a local, national and global scale
- 2. identify and understand the role and function of the judiciary and the main regulatory bodies involved in environmental protection and law making
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 3. relate theoretical perspectives to specific case scenarios
- 4. synthesise information and recognise relevance and, with guidance, develop a sustained and reasoned argument
- 5. begin, with guidance, to evaluate and articulate weaknesses in the arguments of others
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 6. retrieve and efficiently use primary and secondary and electronic sources with minimum guidance
- 7. make small-group presentations on a selected topic and defend an argument in seminar discussions and debate
- 8. understand and reflect upon substantive and theoretical texts
- 9. work independently and manage time efficiently and effectively in preparing coursework
- 10. effectively interact with peers in small-group discussion and debate, modifying own position where appropriate
Syllabus plan
The module begins by considering the development of environmental concern over the last 60 years and how the law has responded. The module looks at the scope of environmental law and its relevance to your studies. The module will then build on this introduction and will include the following topics:-
- The challenges we face in Environmental Law – reflecting on our history and the role of law in navigating environmental crises.
- Foundational principles in environmental law – taking precaution, preventing harm from happening in the first place and the principle that where there is pollution, that the polluter should be held accountable.
- Reconciling conflicting attitudes and interests with a view to protecting the environment.
- Navigating the planning system and the role of planning in sustainable development
- Environmental Assessment and Permitting – a right to pollute the planet, or an effective example of ‘command and control’ type regulation.
- Legal mechanics for the non-lawyer – the role of the courts in environmental law - how should environmental wrongdoers be punished?
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 30 | 120 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching | 24 | Interactive lectures: Core content will be delivered during interactive lectures where guidance will be given for further reading |
| Scheduled Learning and Teaching | 6 | Problem solving workshops: Workshops will consolidate the reading and give students a chance to practice their skills by application of the principles to problem scenarios |
| Guided Independent Study | 120 | Reading for lectures, preparation for and writing up of summative assessments |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Group sessions will provide students with opportunities for formative feedback throughout the module | 12 x 1 hour group sessions | 1-10 | Peer and lecturer feedback and guidance |
| A draft of Part 1 of the portfolio | 500 words | 1-6, 8-9 | Written feedback |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 80 | 0 | 20 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Directed individual presentation (students will role-play and represent the position of a stakeholder at a public hearing.) | 20 | 15 minute presentation | 1-8, 10 | Written feedback directly linking the content of the work to the marking criteria |
| Written counter-argument to the position taken during the presentation | 30 | 1,000 words | 1-6, 8-10 | Written feedback directly linking the content of the work to the marking criteria |
| A five-part critical Learning Portfolio covering 4 selected topics from the module. The learning portfolio should be critical and evaluative of the issues, concepts, readings and values addressed on the module | 50 | 2,500 words | 1-6, 8-9 | Written feedback directly linking the content of the work to the marking criteria |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Directed individual presentation (students will roleplay and represent the position of a stakeholder at a public hearing). | 15 minute presentation (20%) | 1-6, 8-10 | August/September reassessment period |
| Written counter-argument to the position taken during the presentation | Written counter-argument (1,000 words) (30%) | 1-6 | August/ September reassessment period |
| Portfolio | Portfolio (2,500 words) (50%) | 1-6, 8-9 | August/September reassessment period |
Indicative learning resources - Basic reading
Basic Reading:
Bell and McGillivray, Pedersen, Lees, Stokes, Environmental Law (9th Edition, 2017)
Wolf and Stanley on Environmental Law, Wolf, F and Stanley, N (6th edition, 2013) Routledge Taylor and Francis
Finch and Fafinski, Legal Skills, OUP (7th Edition, 2019).
Kramer, EC Environmental Law, Sweet and Maxwell (8th Edition, 2016)
Connie, Bradney and Burton, English Legal System in Context (5th Edition, 2010), OUP, Oxford
Partington, M, Introduction to the English Legal System (2019) OUP Oxford
| Credit value | 15 |
|---|---|
| Module ECTS | 7.5 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 4 |
| Available as distance learning? | No |
| Origin date | 05/03/2012 |
| Last revision date | 16/07/2020 |
