Energy Law and the Environment

by Park; Patricia

• ISBN13: 9780415271882
• ISBN10: 0415271886
• Format: Hardcover
• Copyright: 2002-02-07
• Publisher: CRC Press

Summary

The area of law concerning energy and the environment is a dynamic one. Decisions are constantly being made at all levels, from international summits to local courts of law, which then filter down and affect law-makers, law students and ultimately members of the public. Energy Law and the Environment is the first book to consider the interrelationship between energy law and the legal environmental imperatives for the industrial sector including current issues and future developments.This is not a book solely for academics - it has been written to be accessible to both lawyers and non-lawyers alike. The importance of the subject matter and its place in the context of the sustainable development of the energy sector, which underpins all economic development, should make it essential reading for both those working in the energy sectors and those concerned with the effects that the sector has on the global environment. It can also be used as a text for courses at undergraduate and graduate level on both energy law and environmental law.

Table of Contents

Preface	ix
The relationship between energy, the environmental imperatives and scientific drivers	1	(9)
European policy	2	(1)
The influence of science in environmental regulation	3	(1)
Setting environmental standards	4	(1)
Scientific assessment	4	(1)
The technical options	5	(1)
Best available techniques not entailing excessive cost (BATNEEC)	6	(1)
Best practicable environmental option (BPEO)	6	(1)
Best available techniques (BAT) and life cycle assessment	7	(1)
The international scope of standard setting	8	(2)
Regulation, energy resources and the environment	10	(23)
The historical development of regulation in Britain	10	(2)
The nature of regulation	12	(1)
The regulatory framework in the energy sector	12	(2)
Standard setting for the environment	14	(1)
Implementing environmental policies	15	(1)
Environmental principles and the energy sector	16	(5)
Types of economic instruments	21	(3)
An overview of two market mechanisms which have particular relavance to the energy sector	24	(3)
The civil law	27	(2)
Public law issues in environmental regulation	29	(4)
The regulatory bodies	33	(16)
The UK	33	(10)
The European Union	43	(6)
The international dimension	49	(18)
State sovereignty over its natural resources	49	(7)
Protection of the marine environment	56	(3)
Decommissioning of installations in the marine environment	59	(3)
Protection of the atmosphere	62	(2)
The Kyoto Protocol on global warming	64	(3)
European energy law and policy	67	(23)
An energy policy for Europe	67	(9)
Directives with particular relevance to the energy sector	76	(11)
Community action, an energy tax and industry	87	(1)
Enforcing European environmental law	88	(2)
Trade, competition and the environment	90	(10)
The GATT and the environment	90	(3)
Environmental principles and European policy	93	(2)
Competition rules in the European Union	95	(3)
Competition law and the ECSC treaty	98	(1)
Competition law and the EURATOM treaty	98	(2)
The regulation of the coal industry	100	(16)
Historical development	100	(2)
Coal production and the environment	102	(2)
Privatisation of the coal industry	104	(2)
Mining as an act of development	106	(4)
Abandoned coal mines	110	(6)
Environmental protection and onshore oil and gas	116	(17)
The licensing system	116	(1)
Planning controls	117	(5)
The scope of public involvement	122	(4)
Vulnerable sites	126	(2)
The coastal zone	128	(1)
Environmental management systems	129	(4)
The exploration and exploitation of oil and gas in the marine environment	133	(19)
The licensing regime in the UK	134	(4)
Pollution control	138	(1)
Civil liability for damage caused by oil pollution	139	(3)
Health and safety offshore	142	(3)
Decommissioning of offshore installations	145	(7)
Nuclear energy and the environment	152	(21)
The emergence of environmental concerns	153	(1)
The international regulation of nuclear energy	154	(2)
Control of nuclear risk	156	(2)
State responsibility for nuclear damage and environmental harm	158	(2)
The civil liability conventions	160	(5)
Nuclear waste	165	(1)
EURATOM and the European dimension	165	(5)
Decommissioning of nuclear installations in the European Union	170	(3)
The electricity supply industry	173	(13)
Historical background	173	(8)
Environmental controls over the electricity supply industry	181	(5)
Sustainable energy and climate change	186	(17)
Reductions in energy use	186	(2)
Using fossil fuels more efficiently	188	(1)
Measures for the reduction of energy consumption	188	(1)
The use of economic instruments for reducing energy use	189	(3)
Substituting other energy sources for fossil fuels	192	(1)
Some alternatives to fossil fuels	193	(6)
Case Study	199	(2)
New energy sources and public opinion	201	(2)
Bibliography	203	(4)
Appendix 1	207	(45)
Appendix 2	252	(9)
Appendix 3	261	(2)
Index	263