Richard Macrory and
This course is a response to the development of laws
to protect the environment - at international, EC and national levels.
It addresses the extent to which law can advance an environmental agenda.
Main themes include: the contestability of nature, the distinction
between environmental and ecological approaches, and managing risk. It
will be of interest to students who are concerned with environmental
issues. In recent years, students of this course have joined NGOs, become
law academics, solicitors in local planning authorities and management
consultancies and have worked as environmental law specialists at the
Bar. The course builds upon aspects of the Public Law and Law of the
EC courses, but the latter is not a pre-requisite.
Aims and Objectives
The aims of this course are: to examine the legal and
policy issues raised by the need to regulate polluting activities and
land use in England and Wales and to foster an understanding of the fundamental
principles and techniques of planning and environmental law and policy.
At the end of the course it is hoped that students will be able to: appreciate
the historical and theoretical context of environmental law and the significance
of the United Kingdoms approach to pollution control; show familiarity
with the various techniques of control and enforcement; assess the extent
to which EC law impacts upon and drives United Kingdom environmental law;
and make judgements about the likely future development of this area of
The course is taught by a combination of seminars, lectures,
group exercises - moots etc, and includes talks given by practitioners
and academics in the field. Seminar discussion will be supplemented by
field-trips to a local wetlands sanctuary for birds and to Docklands.
Introduction: The origins of environmental regulation
in the public health campaigns of the nineteenth century; the meaning
of regulation in the context of land use and environmental
protection; the history and evolution of regulatory agencies and the role
of the courts in furthering environmental protection. Fundamental principles:
sustainable development and precaution.Part I Environmental Law: The meaning
of risk and legal approaches to managing risk:
for example, that posed by genetically modified organisms; the British
approach to pollution control - the development of integrated pollution
control; water protection law; the problem of waste.
Part II Land Use, Development and Conservation: Planning
policy and key actors in the production of the physical environment: farming
interests, industrial and finance capital, administrators and political
groupings; the development of structure and local planning; planning considerations
and the development plan; planning obligations and planning agreements;
enforcement of planning control; nature conservation, including SSSI reform
and EC perspectives on environmental regulation.
Assessment will be by a 3 1/4 hour written examination in the Summer
Term. Students are expected to write one course essay each term.
Recommended Text Books
We recommend S Bell and D. McGillivray, (2000) (5th
ed) Environmental Law, Blackstone Press.
You should also use (though not necessarily purchase)
S Elworthy and J Holder, Environmental Protection: Cases and Materials,
Copies of these main texts are held at UCL main library.
Printed materials, including cases, policy documents and articles will
also be made available.
Please contact Jane Holder (email)
for further information about this course.