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Environmental Law
Name

Course
Instructor
Date
University

Environmental Law
As factor X is engaged in manufacturing of the compounds and most of the equipment
they are using in plant is above 15 years and they are threating the environment1. Under
following condition Factor x is required to submit an application along with the environmental
statement for permission of changing machines because it requires the environment impact
assessment as of regulation made in 2011. It involves two schedules, first schedule is for the
developmental projects and other one is for the changing and infrastructure, if they have an
impact on the environment2. If the replacement of machines and other changes have a significant
impact on environment then they will be required to carry the conversation implication by
secretary of State. The authorities involved in it are the secretary of state and the local authority.
Permission of this change depends on the amount of impact of the environment3. Regulatory
bodies are required to consider the environmental statement, however they are not obliged to
accept or reject. If the permission is given without considering environmental statements then all
risks associated with such circumstances could be challenged4.
As factor x is having an environmental permit for the emission of water including
industrial wastes and affluent, they were having a permit of emitting 10 part per billion but on
1 Holland, Leigh, and Yee Boon Foo. "Differences in environmental reporting practices in the UK and the
US: the legal and regulatory context." The British Accounting Review 35, no. 1 (2003): 1-18.
2 Green, Kenneth, Andrew McMeekin, and Alan Irwin. "Technological trajectories and R&D for
environmental innovation in UK firms." Futures 26, no. 10 (1994): 1047-1059.
3 Green, Kenneth, Andrew McMeekin, and Alan Irwin. "Technological trajectories and R&D for
environmental innovation in UK firms." Futures 26, no. 10 (1994): 1047-1059.
4 Brammer, Stephen, and Stephen Pavelin. "Voluntary environmental disclosures by large UK
companies." Journal of Business Finance & Accounting 33, no. 78 (2006): 1168-1188.
2

investigation or inspection, the regulatory body found that amount of the concentration was 100
parts per billion5. On investigation it was revealed that it was happened due to breakage of valve
but it was also found the Factor x was doing so to reduce the cost of production. Permits are
issued under the environmental permitting region 2008. All other permits like the emission of
waste, ground water discharge activities and so on were brought under the heed of EPR. EPR
was later amended to implement all the regulations made under the industrial emission. Now
instead of large number of permits, one permit could be issued to cover the activities6.
Timetables to the EPR distinguish a progression of prerequisites to be conveyed through the EP
and are applicable for allowing each of the controlled exercises recorded previously. Every EU
Directive or arrangement region secured by the EPR has a particular timetable which secures
agreeability prerequisites. Subject to these timetables, extra imperative necessities can be forced,
for instance the IED obliges that a few establishments must be worked by best accessible
strategies (BAT) adjusting the expenses to the administrator and natural advantages7. The
European (Commission) has delivered direction notes on what constitutes the BAT for different
industry segments. Permit could get from the EA or NRW, in case of activities which are less
polluting, LA could issue a permit. If the organization found in violating the permit like Factor X
then firms will be charged for the criminal offense and they will be fined imprisonment of 12

5 Jordan, Andrew. "Integrated pollution control and the evolving style and structure of environmental
regulation in the UK." Environmental Politics 2, no. 3 (1993): 405-427.
6 Sands, Philippe, and Jacqueline Peel. Principles of international environmental law. Cambridge
University Press, 2012.
7 Gunningham, Neil, Robert A. Kagan, and Dorothy Thornton. "Social license and environmental
protection: why businesses go beyond compliance." Law & Social Inquiry 29, no. 2 (2004): 307-341.
3

months and fine not exceeding 50000 pounds. It is an offence to permit the wastes in to ground
water and to cause pollution8.
As Factor X has sold the part of land to Simon, which had some portion of the material
which has made the land contaminated9. There is a mix of regulation and overlap between the
environmental act and ED regulations. Environmental law demands to remove the contamination
of land whereas ED regulations are applied only to major factors10. The regulatory body deals
with such issue are LA and in some case, NRW can also made regulations. Law required
removing the source of contamination. Liable party for the removal of material is the primary use
of that material, and they are required to remove the material, if the main user is not available or
could not be found then buyer of the land will do the decontamination. Noncompliance with the
remediation act or notice is an offence, and penalty will be charged to guilty party11.
On the advancement of the utilization of vitality from renewable sources requires
renewable vitality to structure 20% of aggregate EU vitality utilization by 2020. The UK's
commitment to the expansive target is 15% by 202012. Likewise, the Renewable Energy
8 Saleth, R. Maria, and Ariel Dinar. "Institutional changes in global water sector: trends, patterns, and
implications." Water Policy 2, no. 3 (2000): 175-199.
9 Luo, Qishi, Philip Catney, and David Lerner. "Risk-based management of contaminated land in the UK:
Lessons for China?." Journal of Environmental Management 90, no. 2 (2009): 1123-1134.
10 Semple, Kirk T., Kieron J. Doick, Kevin C. Jones, Peter Burauel, Andrew Craven, and Hauke Harms.
"Peer reviewed: defining bioavailability and bioaccessibility of contaminated soil and sediment is
complicated."Environmental Science & Technology 38, no. 12 (2004): 228A-231A.
11 Ramsey, Michael H., and Ariadni Argyraki. "Estimation of measurement uncertainty from field
sampling: implications for the classification of contaminated land." Science of the total environment 198,
no. 3 (1997): 243-257.
12 Mumma, Albert O. "Environmental law: meeting UK & EC requirements." (1995).
4

Directive forces a commitment on part states (counting the UK) to guarantee that no less than
10% of general transport fuel utilization originates from renewable sources (to a great extent to
be met by expanding the utilization of feasible biofuels)13. Different UK regulations execute
these necessities into household law. In the 2030 Climate and Energy Policy Framework, the
European Commission and European Council have consented to build the 20% renewable
vitality prerequisite to 27% by 2030 (on a coupling premise at EU level, however not tying
against individual part states)14. This necessity will be looked into in 2020 and may be expanded
to 30%. There are no prescriptive necessities for the arrangement of certain renewable advances;
rather there is a general approach plan to support improvement of renewable era limit. The
Renewable Energy Roadmap (distributed in July 2011 and consequent redesigns) sets out the
pathway by which the renewable vitality targets will be met and it depicts the part that different
advances will play in meeting the 2020 targets. This Directive builds a typical structure of
measures for the advancement of vitality effectiveness inside the EU15. This is to guarantee the
EU accomplishes a 20% feature focus on vitality proficiency by 2020 and to lead the path for
further vitality productivity upgrades past that date. It sets down principles intended to evacuate
hindrances in the vitality market and to overcome market disappointments that ruin effectiveness
in the supply and utilization of vitality. Specifically, the Directive accommodates the foundation

13Jordan, Andrew, and Timothy O'Riordan. The precautionary principle in UK environmental law and
policy. Centre for Social and Economic Research on the Global Environment, 1994.
14 Hollins, Margaret, and Susan Percy. "Environmental liability for contaminated landtowards a
European consensus." Land Use Policy 15, no. 2 (1998): 119-133.
15 Nathanail, C. PAUL, and N. A. O. M. I. Earl. "Human health risk assessment: guideline values and
magic numbers." Issues in Environmental Science and Technology 16 (2001): 85-102.
5

of demonstrative national vitality productivity focuses for 2020 and an obligatory necessity for
huge organizations to have vitality reviews at regular intervals16.
The Hedgerows Regulations 1997 were made under Section 97 of the Environment Act
1995 and came into operation in England and Wales on 1 June 1997. They give essential
assurance by denying the evacuation of most wide open hedgerows (or parts of them) without
first advising the neighborhood arranging power (LPA)17. Evacuation incorporates acts which
could bring about the demolition of a hedgerow. On the off chance that the hedgerow is indicated
by criteria set out in the Regulations, the LPA may disallow its evacuation by issuing
maintenance recognize inside 42 logbook days from receipt of warning18. The LPA can likewise
oblige substitution of a hedgerow uprooted in negation of the Regulations. Unsuccessful
candidates can engage the Secretary of State inside 28 days of receipt of the LPA choice. The
Planning Inspectorate manages bids for the benefit of the Secretary of State19. Negation of the
Regulations is a criminal offense, culpable now and again in the Magistrates' Court by a fine of
up to 5,000 pounds. For anybody sentenced on arraignment in the Crown Court the fine is
boundless20. SSSI stands for the sites of special scientific interest; these places are protected
under the law to save the wild life. There are number of activities which required permission to
16 Sadgrove, Kit. The green manager's handbook. Ashgate Pub Co, 1992.
17 Baudry, J., R. G. H. Bunce, and F. Burel. "Hedgerows: an international perspective on their origin,
function and management." Journal of Environmental Management 60, no. 1 (2000): 7-22.
18 Dobbs, Thomas L., and Jules N. Pretty. "Agri-environmental stewardship schemes and
Multifunctionality." Applied Economic Perspectives and Policy26, no. 2 (2004): 220-237.
19 Jack, Mr Brian. Agriculture and EU environmental law. Ashgate Publishing, Ltd., 2013.
20 Miller, Chris. "Environmental law: the weak versus the strong." Envtl. L. Rev. 1 (1999): 36.
6

do on SSSI land. Application for permission involves the proposal which includes SSSI name,
location and address of the applicant, what is required to do and how. One can file an appeal on
permission decision. If permission is not attained or violated then NE take following steps. First,
they send warning letter, followed by a management plan for SSSI, then a notice of work need to
be done, they could also impose penalty or give notice to comply with the situation. Regularity
bodies could also start legal proceedings21. These proceeding may result into fine or the order to
restore the land into its original form at offenders cost.

Bibliography
Holland, Leigh, and Yee Boon Foo. "Differences in environmental reporting practices in the UK
and the US: the legal and regulatory context." The British Accounting Review 35, no.
(2003): 1-18.
Green, Kenneth, Andrew McMeekin, and Alan Irwin. "Technological trajectories and R&D for
environmental innovation in UK firms." Futures 26, no. 10 (1994): 1047-1059.

21 Cooper, Lourdes M., and William R. Sheate. "Cumulative effects assessment: A review of UK environmental
impact statements." Environmental impact assessment review 22, no. 4 (2002): 415-439.

Green, Kenneth, Andrew McMeekin, and Alan Irwin. "Technological trajectories and R&D for
environmental innovation in UK firms." Futures 26, no. 10 (1994): 1047-1059.
Brammer, Stephen, and Stephen Pavelin. "Voluntary environmental disclosures by large UK
companies." Journal of Business Finance & Accounting 33, no. 78 (2006):
1168-1188.
Jordan, Andrew. "Integrated pollution control and the evolving style and structure of
environmental regulation in the UK." Environmental Politics 2, no. 3 (1993):
405-427.
Sands, Philippe, and Jacqueline Peel. Principles of international environmental law. Cambridge
University Press, 2012.
Gunningham, Neil, Robert A. Kagan, and Dorothy Thornton. "Social license and environmental
protection: why businesses go beyond compliance." Law & Social Inquiry 29, no.
2

(2004): 307-341.
Saleth, R. Maria, and Ariel Dinar. "Institutional changes in global water sector: trends, patterns,
and implications." Water Policy 2, no. 3 (2000): 175-199.
Luo, Qishi, Philip Catney, and David Lerner. "Risk-based management of contaminated land in
the UK: Lessons for China?." Journal of Environmental Management 90, no. 2

(2009):

1123-1134.

Semple, Kirk T., Kieron J. Doick, Kevin C. Jones, Peter Burauel, Andrew Craven, and Hauke
Harms. "Peer reviewed: defining bioavailability and bioaccessibility of
contaminated soil
Technology 38, no. 12 (2004):

and sediment is complicated."Environmental Science &


228A-231A.

Ramsey, Michael H., and Ariadni Argyraki. "Estimation of measurement uncertainty from field
sampling: implications for the classification of contaminated land." Science of
the total

environment 198, no. 3 (1997): 243-257.

Mumma, Albert O. "Environmental law: meeting UK & EC requirements." (1995).


Jordan, Andrew, and Timothy O'Riordan. The precautionary principle in UK environmental law
and policy. Centre for Social and Economic Research on the Global
Environment, 1994.
Hollins, Margaret, and Susan Percy. "Environmental liability for contaminated landtowards a
European consensus." Land Use Policy 15, no. 2 (1998): 119-133.
Nathanail, C. PAUL, and N. A. O. M. I. Earl. "Human health risk assessment: guideline values
and magic numbers." Issues in Environmental Science and Technology 16
(2001): 85-

102.

Sadgrove, Kit. The green manager's handbook. Ashgate Pub Co, 1992.
Baudry, J., R. G. H. Bunce, and F. Burel. "Hedgerows: an international perspective on their
origin, function and management." Journal of Environmental Management 60,
no. 1

(2000): 7-22.

Dobbs, Thomas L., and Jules N. Pretty. "Agri-environmental stewardship schemes and
Multifunctionality." Applied Economic Perspectives and Policy26, no. 2
(2004): 220-

237.

Jack, Mr Brian. Agriculture and EU environmental law. Ashgate Publishing, Ltd., 2013.
Miller, Chris. "Environmental law: the weak versus the strong." Envtl. L. Rev. 1 (1999): 36.

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Cooper, Lourdes M., and William R. Sheate. "Cumulative effects assessment: A review of UK
environmental impact statements." Environmental impact assessment review 22,
no. 4

(2002): 415-439.

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