Environmental and Energy Law E-Book

• Herausgeber: John Wiley & Sons
• Kategorie: Fachliteratur
• Sprache: Englisch

Seitenzahl: 1681

Veröffentlichungsjahr: 2012

Beschreibung

Despite bringing prosperity, industrialisation generally leads to increasing levels of pollution which has a detrimental impact on the environment. In response, legislation which seeks to control or prevent such impact has become common.  Similarly, climate change and energy security have become major drivers for the regulatory regimes that have emerged in the energy field. Given the global or regional scope of many environmental problems, international cooperation is often necessary to ensure such legislation is effective. The EU and the UK have contributed to the development of  the environmental and energy law regimes currently in force, spanning across international, transnational and national levels. At the same time, practical responses to environmental and energy problems have largely been the focus of engineers, scientists and other technical experts.

Environmental & Energy Law attempts to bridge the knowledge gap between legal developments designed to achieve environmental and/or energy-related objectives and the practical, scientific and technical considerations applicable to the same environmental problems. In particular, it attempts to convey a broad range of topical issues in environmental and energy law, from climate and energy regulation, technology innovation and transfer, to pollution control, environmental governance and enforcement. In addition the book outlines key sector specific legal regimes (including water, waste and air quality management), focusing on issues or topics that are particularly relevant to both environmental and energy lawyers, and engineering, science and technology-oriented professionals and students.  In this vein, the book guides the reader on some basic practical applications of the law within scientific, engineering and other practical settings.

The book will be useful to all those working or studying in the environmental or energy arena, including law students, legal professionals, engineering and science students and professionals. By adopting a multi-disciplinary approach to environmental and energy law, the book embraces all readerships and helps to address the often thorny problem of communication between scientists, engineers, lawyers and policy-makers.

Leseprobe

Contents

Cover

Title Page

Copyright

Notes on the Contributors

Editors

Contributors

Preface

List of Abbreviations

Part One: Introduction

Chapter 1: Introduction

1.1 Overview and Aims of Environmental & Energy Law

1.2 The Interplay Between Science and Law and Policy Making

1.3 Introduction to Environmental Law

1.4 Key Conclusions

References and Further Reading

Case Studies

Follow-Up Information

Questions and Activities

Part Two: Innovation, Sustainability and the Law

Chapter 2: Sustainable Development and Best Available Techniques in International and European Law

2.1 Introduction

2.2 Sustainable Development

2.3 Best Available Techniques

2.4 Summary and Conclusion

References

Treaties

EU Directives

International and EU Documents

Case Law

Chapter 3: Environmental Regulation, Business Competitiveness and Corporate Responsibility

3.1 Introduction: Rationales for Business to Address Environmental and Social Issues

3.2 Porter's Hypothesis on the Environment-Competitiveness Relationship

3.3 What Type of Environmental Regulation to Stimulate Innovation?

3.4 Environmental Regulation and Business Location

3.5 Environmental Regulation or Voluntary Action?

3.6 Conclusion

3.7 Summary

Bibliography and References

Chapter 4: A Legal Framework for Clean Technology Transfer and Finance

4.1 Introduction

4.2 Overview of International Mechanisms to Promote Innovation

4.3 Conclusions

Bibliography and References

Chapter 5: Technology Innovation and the Law – the Example of Climate Adaptation Technologies

5.1 Introduction

5.2 Overview of the Legal and Policy Frameworks for Adaptation at the International and EU Levels

5.3 Adaptation Technologies

5.4 Potential International and Domestic Barriers to Adaptation

5.5 Geoengineering

5.6 Proposals and Recommendations

5.7 Conclusion

Bibliography and References

Questions and Activities

Part Three: Sustainable Energy and Climate Change Law

Chapter 6: Sustainable Energy Law and Policy

6.1 Introduction

6.2 EU Regulatory Context

6.3 UK Regulatory Context

6.4 Summary

References

Chapter 7: International and EU Climate Change Law

7.1 Introduction

7.2 International Regulatory Context

7.3 EU Climate Change Law

7.4 Conclusion

Bibliography and References

Chapter 8: UK Climate Change Law and Policy

8.1 Introduction: Overview of UK Climate Change Goals and Governance

8.2 UK Climate Change Programme

8.3 The UK Emissions Reduction Targets

8.4 The UK Non-Energy Intensive Sector

8.5 Transport

8.6 Other Climate and Energy Regulatory Instruments

8.7 Conclusions

Bibliography and References

Questions and Activities

Part Four: Exploration and Exploitation of Energy Resources

Chapter 9: The Exploration and Exploitation of Energy Resources in International Law

9.1 Introduction: The Right to Permanent Sovereignty Over Natural Resources

9.2 International Law and Energy Resources

9.3 Types of Ownership Regimes in the Oil and Gas Industries and the Licensing System

9.4 Types of Investment Agreements in the Energy Sector

9.5 The Regime for Exploration and Exploitation of Offshore Energy Resources

9.6 Conclusions

Bibliography and References

Chapter 10: Occupational Health and Safety Law: the Oil and Gas Industry

10.1 Introduction

10.2 Background to Modern Health and Safety Law and Regulation

10.3 The Health and Safety at Work, etc. Act 1974

10.4 Health and Safety at Work in the Offshore Oil and Gas Industry

10.5 Limitations of Goal-Setting and Safety Cases?

10.6 The Corporate Manslaughter and Corporate Homicide Act 2007

10.7 The Health and Safety (Offences) Act 2008

10.8 Possible Effects of the Deepwater Horizon Accident on UK Offshore Safety Regulation

10.9 Conclusion

10.10 Summary

Chapter 11: Energy Agreements – Force Majeure and Hardship Clauses

11.1 Introduction

11.2 Standard Contractual Mechanism to Adjust Energy Contracts to Evolving Circumstances

11.3 Extreme Measures to Extreme Circumstances: Hardship and Force Majeure Reliefs

11.4 Assessment and Practical Advice

11.5 Conclusion

Questions and Activities

Part Five: Clean Technologies and the Clean Development Mechanism

Chapter 12: Carbon Capture and Storage Technologies – An Overview and Some Key Issues

12.1 Carbon Capture and Storage Technology

12.2 Reducing CO2 Emissions Using CCS

12.3 International Development and Co-Operation

12.4 Comparison with Renewable Energies

12.5 Capture

12.6 Issues in Transport

12.7 Issues in Storage

12.8 Conclusions

References

Chapter 13: Carbon Capture and Storage Liability

13.1 Introduction

13.2 What is Carbon Capture and Storage

13.3 The Issue of Leakage

13.4 The EU Legislative and Regulatory Environment for Carbon Capture and Storage

13.5 Commission Guidance Document 4 (GD4)

13.6 Competing Jurisdictions are Stretching First Mover Advantage

13.7 Summary

13.8 Conclusion

13.9 Summary

References

Chapter 14: The Clean Development Mechanism – Legal and Contractual Framework in CDM Renewable Energy Projects

14.1 Introduction: An Overview of the CDM

14.2 Analysis of the Overall CER Market

14.3 The CDM Under the Kyoto Legal Framework – Sustainable Development and Additionality

14.4 Accounting for Risk: Methodological Considerations Prior to Contracting

14.5 Contractual Issues in CDM Projects

14.6 Renewable CDM Projects

14.7 Engineering, Procurement and Construction Contracts

14.8 Conclusions

Bibliography and References

Questions and Activities

Part Six: Waste, Water, Air Quality Management and Pollution Control

Chapter 15: Solid Waste Management and Regulation

15.1 Introduction

15.2 EU Regulatory Context

15.3 EU Regulation

15.4 UK Regulatory Context

15.5 Conclusion

15.6 Summary

15.7 Follow-Up Information

References

Chapter 16: Water Management and Regulation

16.1 Introduction

16.2 Water Management in the European Union (EU)

16.3 Implementation of the WFD Across the EU

16.4 Other Regulations Supporting the WFD

16.5 Water Regulations Outside the EU

16.6 Water Guideline Values

16.7 Integrated Water Resource Management: World Context

16.8 Conclusions

References

Chapter 17: Integrated Pollution and Control – the Industrial Emissions Directive

17.1 Introduction: Background and Origins of the IPPC Directive

17.2 Background to the Industrial Emissions Directive

17.3 Introduction to the Industrial Emissions Directive

17.4 The Legal Framework of the Industrial Emissions Directive

17.5 Conclusion: Expected Main Impacts of the Industrial Emissions Directive

17.6 Position in UK for Implementation of IPPC

17.7 Relevant EC Directives and Regulations

Chapter 18: The Law and Practice of Air Quality Management

18.1 Introduction

18.2 Environmental Standards

18.3 Historical Overview of EU Air Quality Legislation

18.4 Review of Air Quality Directive (2008/50/EC)

18.5 Case Study Summary

18.6 Conclusion

18.7 Summary

References

Chapter 19: Contaminated Land and Regulation

19.1 Introduction

19.2 Legislation

19.3 Legislation and Guidance Regulating the Practice of Contaminated Land Investigation and Remediation

19.4 Conclusions

References

Questions and Activities

Part Seven: The Regulation of Chemicals and Laboratory Safety

Chapter 20: The Regulation of Nanotechnologies

20.1 Introduction

20.2 Key Issues

20.3 International Context on the Regulation of Nanotechnologies

20.4 An Evaluation of Regulation of Nanotechnology in four National Regulatory Frameworks

20.5 Findings of a Review of International Approaches to Regulation of Nanotechnologies: Europe, USA, Australia and Japan

20.6 Is there a Need for a New Regulatory Approach for Nanotechnology – What can we Learn from Biotechnology?

20.7 EU Environmental Regulation, the Chemical Industry and Nanotechnologies

20.8 The New Approach to European Chemicals Policy – Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

20.9 Policy Recommendations: a Proposal for a Possible Future Development of a Regulatory Framework for NM

20.10 Recent International Developments in Nanotechnologies Regulations and Standards: 2009–2011

20.11 ‘Soft' Regulatory Approaches

20.12 Conclusions

20.13 Summary

Bibliography and References

Chapter 21: Environmental Law Standards and Principles of Good Laboratory Practice for Environmental Protection

21.1 Introduction

21.2 EU Regulatory Context

21.3 Environmental Data Collection: Examples Under Some EU Directives

21.4 Streamlining WFD Monitoring and Reporting Requirements with other EU Laws

21.5 Best Practice

21.6 Related Issues

21.7 Some Additional Practical Considerations

21.8 Conclusions

21.9 Follow-Up Information

21.10 Related References

References

Questions and Activities

Part Eight: Governance, Impact Assessment, Compliance and Enforcement in Environmental Law

Chapter 22: Planning, Strategic Environmental Assessment (SEA) and Environmental Impact Assessment (EIA)

22.1 Introduction

22.2 The Planning System

22.3 Strategic Environmental Assessment

22.4 Environmental Impact Assessment

22.5 Conclusions

22.6 Conclusions

Follow-Up Information

References

Chapter 23: Regulating Environmental Information and Environmental Data

23.1 Introduction

23.2 The Aarhus Convention as a Driving Force

23.3 The Three Pillars of the Convention

23.4 The Example of Integrated Pollution Prevention and Control

23.5 Public Participation

23.6 Access to Justice in Environmental Matters

23.7 The EU Emissions Trading Scheme Regime: Synergies with the Aarhus Convention

23.8 Links to Other Directives

23.9 Collecting and Reporting of Environmental Data – Pollutant Release and Transfer Registers

23.10 UNECE Kiev Protocol 2003

23.11 The European Pollutant Release and Transfer Register (E-PRTR) and Links to IPPC

23.12 Data Reporting Format

23.13 Issues of Confidentiality

23.14 Access to Data and Public Participation

23.15 Water Quality Monitoring and Data Reporting

23.16 Current Efforts to Streamline Reporting

23.17 Conclusions

23.18 Useful Follow-Up Information

References

Chapter 24: Corporate Disclosure and Environmental Sustainability in Comparative Law

24.1 How Companies Work

24.2 Corporate Environmental Disclosure in England and Wales

24.3 Corporate Environmental Disclosure under EU Law

24.4 Corporate Environmental Disclosure in the United States

24.5 And Now for Something Completely Different: Corporate Environmental Disclosure in Iran

24.6 Access to Environmental Information Law and its Utility for Corporate Environmental Disclosure

24.7 Environmental Impact

24.8 Measuring the Impact of the Company on the Environment

24.9 Adequate Extent of Disclosure

24.10 Fiduciary Duties and Corporate Environmental Disclosure in Practice

24.11 Conclusion

24.12 Summary

24.13 Useful Follow-up Information

Bibliography and References

Chapter 25: Compliance and Enforcement in International, European and National Environmental Law

25.1 Introduction: The Enforcement of International and Regional Environmental Law

25.2 Compliance and Enforcement in European Union Environmental Law

25.3 Enforcement of National Environmental Law

25.4 Conclusions

Bibliography and References

Questions and Activities

Part Nine: Case Studies on Environmental Law Implementation

Chapter 26: Case Studies

26.1 Introduction – a Word About the Case Studies

26.2 Case Study 1

26.3 Case Study 2

26.4 Environmental Management

26.5 Case Study 3

A Good Example of Integrated Industrial Permitting

Environmental Impacts Associated with Stainless Steel Production

Some Environmental Targets for the Site

Learning Points

Follow-Up Information

Questions and Activities

Index

This edition first published 2012 by Blackwell Publishing Ltd

© 2012 Blackwell Publishing Ltd

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Library of Congress Cataloging-in-Publication Data

Makuch, Karen E.

Environmental and energy law / Edited by Karen E. Makuch, Ricardo Pereira.

 p. cm.

Includes bibliographical references and index.

ISBN 978-1-4051-7787-0 (pbk. : alk. paper) 1. Energy industries–Environmental aspects. 2. Energy

industries–Law and legislation. 3. Power resources–Law and legislation. 4. Environmental policy. I. Pereira, Ricardo Dr. II. Title.

K3981.M35 2012

344.04'6–dc23

2011035823

A catalogue record for this book is available from the British Library.

Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic books.

Cover design by Meaden Creative

Cover image courtesy of iStockPhoto

Notes on the Contributors

Editors

Karen E. Makuch is lecturer in environmental law and energy law in the Centre for Environmental Policy at Imperial College London. She teaches postgraduate students on the MSc in Environmental Technology and has run courses on Environmental Analysis & Assessment, Pollution Management and Global Environmental Change & Policy for the MSc. She has taught postgraduate and undergraduate lawyers and non-lawyers alike, including engineering students at the University of London and USA Juris Doctor students in London, UK. Karen also teaches environmental law to undergraduate science students and supervises doctoral students. Karen has a wide-range of experience in the practical application of EU Environmental Law and its implementation including in new and potential EU Member States and has worked in many Central and Eastern European countries on matters related to the approximation of EU environmental law including the drafting of environmental legislation. Karen has published papers and chapters, inter alia, on the approximation of environmental law, on human rights law and the environment, on climate change and on pollutant release and transfer registers. Karen faced two new challenges (I&J) while preparing this work and dedicates this book to them with love.

Sincere gratitude goes to Professor Maggie Dallman, Professor Dot. Griffiths and Kim Everitt for the award of the Imperial College, London, Elsie Widdowson Fellowship.

Ricardo Pereira is Research Associate & Lectures in Environmental & Energy Law in the Centre for Environmental Policy, Imperial College London. He also convenes and lectures on a part-time basis in the LLM in Environmental Law at Queen Mary, University of London, on the International Natural Resources Law and International Law of the Sea courses. Since January 2009 he has acted as Book Review Editor for the European Energy and Environmental Law Review. He holds a Ph.D. in European Environmental Law awarded by the University of Essex in 2009 and an LLM in International Law, City University. He is author of a forthcoming manuscript to be published by Martinus Nijhoff Publishers (the Harmonisation of Environmental Criminal Law – International and European Perspectives), based on his Ph.D. thesis, and is author of articles and chapters in books in the fields of environmental and human rights law.

Contributors

Kenneth E. Afe Aidelojie is a lawyer and currently a Doctoral Researcher at the Centre for Environmental Policy at Imperial College London. His research interests cover Legal and Regulatory Risk Management, Oil and Gas law, International Environmental Law and Climate Change mitigation strategies with particular interest in the UNFCCC flexible mechanism and Carbon Capture and Storage technology. He has worked with the United Nation Department of Sustainable Development on climate change sustainability issues for developing countries. Kenneth is a member of International and National Environmental and Energy institutes and currently serves in advisory capacity to environmental and energy organisations in Nigeria.

Martin Birt is a Technical Director at URS Scott Wilson with 18 years experience of EIA management for a range of waste, residential, commercial, industrial and transport infrastructure projects. He has Masters Degrees in Environmental Assessment & Management (1992) and Urban Planning (1997) and is a Chartered Town Planner.

Arturo Castillo-Castillo is Lead Researcher in Waste-to-Energy-and-Materials at the Imperial Centre for Energy Policy and Technology. He has coordinated several European and UK research council consortium activities on thermal waste treatment analysis, sustainable bioenergy chains modelling and market data evaluation methodologies. He has collaborated with Japanese waste gasification technology proponents and with the thermal treatment laboratory in Aachen University, Germany. He is a member of the Energy Institute, the British Institute of Energy Economics and the Chartered Institution of Wastes Management.

Tim Cockerill is Senior Lecturer in Energy Policy & Technology at Imperial College London. His research focuses on the interfaces between the engineering of energy systems and energy policy. Tim's work draws on numerical modelling approaches to explore how the design of energy systems should respond to policy objectives, and equally how policy should respond to accomodate the limitations of technology. Particular technical interests lie in the techno-economics of CCS, Wind, and Energy Storage systems. Tim contributes to initiatives supported by The UK Research Councils and the IEA

Alexandra Collins is a Doctoral Researcher at the Centre for Environmental Policy at Imperial College London. Her research covers the integrated management of water resources, the optimisation of environmental decision making and the implementation of the Water Framework Directive. She is a member of the WSSTP water and energy task force, contributing to a report for the European Commission. Additionally, she has also presented her work at a European LIFE project workshop. She is currently a member of the Norfolk Broads Water Quality Partnership and the Better Thames Network, where she provides academic input to the delivery of river basin management plans and the improvement of aquatic ecosystems.

Sandip Deshmukh is a Research Fellow in the Centre for Environmental Strategy at University of Surrey. An engineer by training, his research relates to regional energy planning with a focus on decentralized energy systems and energy resource allocation for the socio-economic and techno-economic development. He has been involved in a number of projects in teaching related to the energy and policy issues. Presently, Sandip is involved in EPSRC funded research projects, to identify and characterize options for energy supply at the different development types.

Isabelle Fellrath is an associate with the law firm Tavernier Tschanz, Geneva. She focuses on international arbitration and commercial litigation, environmental law and energy law. She also lectures commercial arbitration (University of Glasgow 2005-2009) and energy law (University of Lausanne, 2009-current). She is a Member of the Chartered Institute of Arbitrators since 2006. She has published in the area of environmental, energy, contract and arbitration law.Before going into legal practice, she was a doctoral researcher at the University of Nottingham (1994-1998); her research covered environmental legal issues. She holds an LL.M Degree (1994) and Ph.D (1998) from the University of Nottingham and graduated from the University of Neuchatel (1993).

Slavina Z. Georgieva BA, MSc is a Doctoral Researcher at the Centre for Environmental Policy at Imperial College London. Her work focuses on the utilization of Life Cycle Analysis for sustainable industrial and policy design for the Carbon Capture and Storage industry.

Katrin Glatzel is a PhD candidate at the Centre for Environmental Policy at Imperial College London where she is part of the Sustainable Transitions research group. Her research covers climate change adaptation finance strategies at EU and international level, policy design and implementation and European environmental policy and law. She holds a MSc in Public Management & Governance from the London School of Economics and a BA in European Studies from Maastricht University in the Netherlands.

Charlotte Jourdain obtained her PhD from the Centre for Environmental Policy at Imperial College London. Her research focused on forest carbon. She has many years of experience as a consultant in climate change policy, helping major companies measure their greenhouse gas emissions and adhere to regulations, in particular the EU emissions trading scheme (EUETS) and the Clean Development Mechanism (CDM). She has worked mostly with major international oil and gas and industrial companies, as well as multilateral organisations and NGOs. Charlotte was the UNFCCC focal point for Imperial College London and has followed the international climate change negotiations for several years. She is currently Senior Research Fellowat the Tyndall Centre for Climate Change, UK, working on the Global Carbon Project.

Marilena Karyampa is a postgraduate student at the MSc Environmental Technology of Imperial College London. Her current research is on ambient air quality focusing on NOx and PM emissions from the transport sector and the difficulties for compliance with the EU Air Quality legislation. Her previous research focused on extreme rainfall events due to climate change and the optimisation of Reading Borough Council's adaptation measures, as part of an MSc in Applied Meteorology from the University of Reading. She also holds a BSc in Natural Sciences and a BSc in Geology.

Matthew Leach is Professor of Energy and Environmental Strategy, and is Director of the Centre for Environmental Strategy at the University of Surrey. An engineer by training, his research relates to broader sustainability assessment of energy and waste systems, covering technical, economic, environmental, legal and policy aspects. Matthew is involved in a range of research projects in sustainable energy in the UK and the EU, and is active in policy analysis and advice. He is a past Chair of Council of the British Institute of Energy Economics, and current Vice President of the Energy Institute.

Henry Owen Lewis studied Biological Sciences at the University of Bristol and Environmental Technology at Imperial College. From 2001 to 2007 He worked at the Environment Agency on a mix of regional groundwater monitoring, reviewing the impacts of groundwater contamination, and regulation of groundwater risk through the planning system. In 2007 he moved to the London Borough of Hounslow, first as Land Quality officer and since 2008 as Principal Land Quality officer. In this role he overseas management of the borough's legacy or landfill and historic contamination through the planning system and the borough's own investigations.

Iain Maclean graduated in chemistry from Queens University Belfast in 1973. He worked in industry before joining Cork County Council in 1981 where he became Chief Environmental Officer. In 1993 he became one of the founding directors of the Environmental Protection Agency in Ireland with responsibility for the introduction of IPPC permitting. Since 2003, he has worked in the Ministries of Environment in the former Yugoslav Republic of Macedonia, Croatia and Serbia mainly in the areas of IPPC and Environmental Approximation

Dr. Zen Makuch is Head of Department and Director of the Centre for Environmental Policy at Imperial College London. He is also a practicing barrister. He is recognised by key institutions in Europe as, perhaps, the leading international researcher in the specialist fields of implementation of domestic, European and international environmental law, energy and other natural resource law. He has conducted research and, related to this activity, he has litigated, drafted, implemented and supported the enforcement of environment, energy and natural resource regulations in fiftyfour countries. Provision of research advisory services to Parliamentarians (including Ministers), select parliamentary committees, political parties and environment and human health, energy and natural resource management stakeholders are part of his daily academic working life. The drafting of environmental regulations, related institutional, implementation and compliance matters form part of his technical expertise and research experience. He has also provided strategic legal advice and technical assistance on environment and sustainability matters to several of the world's largest firms. He has held academic posts since the 1990s. His academic specialisms in these fields are manifold and include, inter alia, climate change regulation, legalities of carbon capture and storage, environment and energy regulation, approximation of EU environmental law, and, trade and the environment.

Panos Merkouris is the Brandon Fellowat the Lauterpacht Centre for International Law and teaches Climate Change Law and Policy and European Environmental Law at Queen Mary, University of London. His research has covered law of treaties, international environmental law, law of the sea and state responsibility.He has been involved in a number of international projects and conferences on the aforementioned areas. He is Series Editor (together with Professor Malgosia Fitzmaurice and Professor Phoebe Okowa) of the Queen Mary Studies in International Law published by BRILL/Martinus Nijhoff, and Managing Editor of the international law journal International Community Law Review.

Sekai Ngarize, is currently working as a Senior Science and Policy Advisor at the UK Department of Energy and Climate Change (DECC), where she is responsible for developing policy on Land use and land use change and Forestry including Reducing emissions form Deforestation and Degradation (REDD) policy and R&D programme for LULUCF/REDD under the UNFCCC, UK Carbon Budgets and EUMM. She graduated with a PhD in Food Science from the University of Surrey. She also holds an Msc in Environmental Technology from Imperial College, London. She has previously worked at the Department of Food and Rural Affairs (DEFRA) for 5 and half years where was responsible for policy development of the UK International and Domestic Policy for Persistent Organic Pollutants under the International Treaty Stockholm Convention, and the UNECE. Her work involved representing the UK and participating in international negotiations under the UNEP and EU. Prior to that, She worked at the UK Food Standards Agency, where was responsible for Risk Assessment of food and environmental contaminants.

Dieudonné-Guy Ohandja PhD, DIC is a Research Fellow at the Centre for Environmental Policy at Imperial College. He is also co-convenor of the Water Management Option of the MSc in Environmental Technology. He has research interests in wastewater treatment technologies, anaerobic digestion, integrated catchment management and environmental change.

Behdeen Oraee-Mirzamani BEng (Hons.), MSc, AMIMA is a Doctoral Researcher at the Centre for Environmental Policy at Imperial College London. His PhD research is focussed on Risk Assessment and Risk Management associated with Carbon Capture and Storage.

Nikzad Oraee-Mirzamani, LL.B., MS.c., DIC is a doctoral researcher at the Centre for Environmental Policy at Imperial College London. He graduated in Law from City Law school and subsequently studied MSc Management in Imperial College Business School. His interests range from company law to corporate governance and corporate business and environmental strategy. His research theme is the effects of on business sustainability.

John Paterson is a Professor in Law and Co-Director of the Centre for Energy Law at the University of Aberdeen. His research has covered systems theory, the regulation of risk, governance in the EU, corporate governance and energy law. He has been involved in a number of international projects both in research and teaching in the fields of risk governance and energy law and has acted as a consultant for the OECD's Nuclear Energy Agency. He is series editor (together with Professor JulianWebb) of the Law, Science and Society series published by Routledge-Cavendish.

Elizabeth Prichard (Ph.D.) has considerable experience in lecturing and training in the fields of analytical chemistry and metrology in commercial and academic sectors. Prior to her retirement she was a Consultant in Education and Training at LGC, the UK's designated National Measurement Institute for chemical and biochemical analysis and the National Reference Laboratory for a range of key areas. At LGC she developed and delivered courses in Quality Assurance, including statistics, method validation, measurement uncertainty, traceability and implementation of quality standards. She has written and edited books, produced guidelines for best practice in analytical chemistry laboratories and recently chaired the working group which produced a Eurachem Guide: Terminology in Analytical Measurement – Introduction to VIM 3. Prior to joining LGC Elizabeth spent many years in academia in the Universities of London and of Warwick. During that period she spent sabbaticals in UK pharmaceutical companies and at the National Physical Laboratory. She was a visiting professor in the Sudan, at the Universities of Khartoum and Gezira. She has contributed to several EU projects including the SWIFT-WFD STREP on implementation of the WFD.

Steven Smith is an Associate at URS specialising in spatial planning and the integration of sustainability into decision-making. He completed his PhD thesis on the implementation of the EU strategic environmental assessment (SEA) directive and has been involved in numerous SEAs and wider sustainability appraisals. In 2010, he completed a review of the SEA Directive's implementation in the context of spatial planning on behalf of the Department for Communities and Local Government. Steven is a member of the Chartered Institution of Water and Environmental Management's Sustainability and Environmental Management technical panel and a member of the OECD Development Assistance Committee's Task Team on SEA.

Frank Spoorenberg is a partner with the law firm Tavernier Tschanz, Geneva. He focuses on international arbitration and commercial litigation. His cases are related in particular to M&A, joint ventures, distribution, agency, service agreements and to international sales. His industry experience includes among others telecommunications, trading, machine industry, construction, oil and gas, pharma, sport industry and real estate. He has published in the area of contract and arbitration law.Before focusing on international arbitration and commercial litigation, Mr. Spoorenberg developed a strong expertise in M&A, financing, general corporate and commercial contracts.In 1993, he received an LLM Degree from the College of Europe in Bruges (Belgium). He graduated from the University of Fribourg (Switzerland) in 1991.

Chuan Teo-Tze holds a Ph.D. and was awarded an MSc in Environmental Technology from Imperial College London in 2009. His MSc thesis addresses regulatory, financial and structural barriers to clean development mechanism projects.

Helena Wright is a Doctoral Researcher at the Centre for Environmental Policy at Imperial College in London. Her research covers adaptation to climate change, international climate policy, and technology transfer and innovation. She has worked in the renewable energy sector and also as a sustainability advisor for businesses. Helena has attended the UNFCCC climate change negotiations as an NGO delegate for several years, most recently with UNfairplay. She collaborated with DFID (UK Department for International Development) on the research for her Master's Thesis.

Preface

Environmental and Energy Law was originally conceived as an edited text on environmental law for engineering professionals and students. The idea appeared particularly appealing given that engineers are key players in the evolution of environmental standards through, for example, the development of cleaner environmental technologies. Yet it soon became clear to the editors that although the themes within environmental (and energy) law addressed in the book are particularly relevant to engineers and technical scientists, the same themes are by no means less relevant to environmental lawyers, law students and other social scientists who are increasingly interested in this evolving and topical field of law. Moreover, it was felt that by appealing to a broader range of readers and experts, the book could contribute to greater communication between scientists and law- and policymakers working in the environmental and energy sectors. Hence, you may note that we have often explicitly referred to engineers, scientists, technical experts or other non-lawyers in our book as this work is designed to appeal to the non-lawyer as well as those more familiar with environmental law.

The book is written to address what we perceived to be a gap in the literature – that which views or interprets environmental law also from the perspective of non-lawyers, offering insights into both the science, technology and engineering behind and, moving forwards, the environmental law developments of the day. In light of the strong interconnection between environmental and energy activities (for example in the context of climate change mitigation or energy resources exploitation), the book puts great emphasis on new and topical themes related to energy law.

Whether you are a student of environmental or energy law, or a professional working in a technical field, you should find this work useful, inspiring and accessible. As this is a first edition, we have consciously limited the content but we are hopeful that this work will continue to grow and expand with further editions, more so as we are legal experts working in a predominantly science and technology based university, Imperial College, London, and having access to a wide range of experts as well as knowledge of the latest developments, which includes our research and teaching in environmental and energy law in the multidisciplinary environment of the Centre for Environmental Policy.

We have been fortunate enough to work with some excellent contributors. They are individuals who not only possess great technical knowledge of their fields but also have an ability to understand policy and apply the law within their respective areas of expertise. We thank all our contributors for their valuable contributions. We acknowledge those contributors who had to appreciably update their work on account of the law changing (particularly the chapter on integrated pollution prevention and control).

In addition to professionals working in the field, we hope that the book will be particularly appealing to academics and students in the environmental or energy arenas because of its broad and comprehensive coverage of a number of general topics in environmental and energy law. A number of more specific topics are also covered in the book, making them particularly suitable case studies for analysis. With this in mind, we incorporated ‘Questions and Activities’ at the end of each part of the book which will allow the reader (including the student-reader) to apply and consolidate the knowledge gained.

We are grateful to Neil Warnock-Smith, for originally commissioning the work, Paul Sayer, Bethany Edgar, Gaurav Garg, Vikki Renwick, Teresa Netzler and the rest of the team at Wiley-Blackwell. We also thank the publishing team and the contributors for their patience in waiting for us to complete this work while Karen ventured into motherhood for the first (and then second!) time. On this note, sincere thanks go to Professor Maggie Dallman, Professor Dot Griffiths and Kim Everitt of Imperial College, London, for the award of the Elsie Widdowson Fellowship. Thanks also to Andrew Walker for his insight during our discussions on the interplay between science and policies into the context of reform of the UN Intergovernmental Panel on Climate Change. We must also thank our co-workers, family and friends who have supported us in the course of project. Karen dedicates her work to I. & J. with love.

The law referred to in the text is accurate (to the best of our knowledge) up to March 2012. Some chapters that were received between March and June 2011 have only been selectively updated.

Karen E. Makuch and Ricardo PereiraJune 2012

List of Abbreviations

ABNE(African Biosafety Network of Expertise)ACE(Association of Consulting Engineers)AFNOR(Association Française de Normalisation)ABNE(African Biosafety Network of Expertise)AEI(average exposure indicator)AF(Adaptation Fund)AQMA(Air Quality Management Area)ASCE(American Society of Civil Engineers)AMPS(Analysis and Monitoring of Priority Substances)AOD(Argon oxygen decarburisation)AOSIS(Association of Small Island States)APC(atmospheric pollution control)AQAP(Air Quality Action Plan)AQGs(Air Quality Guidelines)AQMA(Air Quality Management Area)AFNOR(Association Française de Normalisation)ACE(Association of Consulting Engineers)AOSIS(Association of Small Island States)BAT(best available techniques)BATNEEC(best available techniques not entailing excessive costs)BEPs(best environmental practice)BERR(Department for Business, Enterprise and Regulatory Reform)BPEO(best practicable environmental option)BRTF(Better Regulation Task Force)BMW(biodegradable municipal waste)BIPM(Bureau International des Poids et Mesures)BIT(Bilateral Investment Treaty)BPEO(best practicable environmental option)BREF(BAT Reference Document)BRTF(Better Regulation Task Force)BIPM(Bureau International des Poids et Mesures)BSE(Bovine spongiform encephalopathy)CARB(California Air Resources Board)CARB(California Air Resources Board)CAPPCCO(Chinese advanced power plant carbon capture options)CAP(Common Agricultural Policy)CCS(carbon capture storage)CBD(Convention on Biological Diversity)CCAs(Climate Change Agreements)CCC(Climate Change Committee)CCL(Climate Change Levy)CDM(Clean Development Mechanism)CEA(cost-effectiveness analysis)CECA(Civil Engineering Contractors Association)CELEX(EUR-LEX database)CERs(certified emission reductions)CERT(Carbon Emissions Reduction Target)CRM(Certified Reference Material)CFCs(chlorofluorocarbons)CFD(Computational Fluid Dynamics)CGIAR(Consultative Group on International Agricultural Research)CIMAH(Control of Industrial Major Accident Hazard)CIS(Common Implementation Strategy)CITAC(Cooperation on International Traceability in Analytical Chemistry)CITES(Convention on Trade in Endangered Species)CLCS