Environmental and Energy Law (eBook)

Karen E. Makuch is lecturer in environmental law and energy law in the Centre for Environmental Policy at Imperial College London, where she teaches postgraduate courses on Environmental Analysis & Assessment, Pollution Management and Global Environmental Change & Policy. She 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. Ricardo Pereira (LLM, Ph.D.) is Lecturer in Environmental & Energy Law in the Centre for Environmental Policy, Imperial College London. He also convenes and lectures in the LLM in Environmental Law in the Law School at Queen Mary, University of London, on International Natural Resources Law and the International Law of the Sea.

About the Editors ix

The Contributors ix

PART ONE INTRODUCTION 1

1 Introduction 3
Karen E. Makuch and Ricardo Pereira

Questions and activities 32

PART TWO INNOVATION, SUSTAINABILITY AND THE LAW 35

2 Sustainable Development and Best Available Techniques inInternational and European Law 37
Panos Merkouris

3 Environmental Regulation, Business Competitivenessand Corporate Responsibility 61
Ricardo Pereira

4 A Legal Framework for Clean Technology Transfer and Finance75
Helena Wright and Ricardo Pereira

5 Technology Innovation and the Law - the Example ofClimate Adaptation Technologies 92
Katrin Glatzel, Helena Wright, and Zen Makuch

Questions and activities 115

PART THREE SUSTAINABLE ENERGY AND CLIMATE CHANGE LAW117

6 Sustainable Energy Law and Policy 119
Matthew Leach and Sandip Deshmukh

7 International and EU Climate Change Law 141
Ricardo Pereira and Charlotte Jourdain

8 UK Climate Change Law and Policy 172
Karen E. Makuch, Zen Makuch, Ricardo Pereira, and CharlotteJourdain

Questions and activities 193

PART FOUR EXPLORATION AND EXPLOITATION OF ENERGY RESOURCES197

9 The Exploration and Exploitation of Energy Resources inInternational Law 199
Ricardo Pereira

10 Occupational Health and Safety Law: the Oil and Gas Industry225
John Paterson

11 Energy Agreements - Force Majeure and Hardship Clauses240
Isabelle Fellrath and Frank Spoorenberg

Questions and activities 253

PART FIVE CLEAN TECHNOLOGIES AND THE CLEAN DEVELOPMENTMECHANISM 255

12 Carbon Capture and Storage Technologies - An Overviewand Some Key Issues 257
Tim Cockerill

13 Carbon Capture and Storage Liability 270
Zen A. Makuch, Slavina Z. Georgieva and BehdeenOraee-Mirzamani

14 The Clean Development Mechanism - Legal and ContractualFramework in CDM Renewable Energy Projects 288
Kenneth Aidelojie, Chuan Tze-Teo, Zen Makuch and RicardoPereira

Questions and activities 311

PART SIX WASTE, WATER, AIR QUALITY MANAGEMENT AND POLLUTIONCONTROL 313

15 Solid Waste Management and Regulation 315
Arturo Castillo-Castillo

16 Water Management and Regulation 347
Dieudonne-Guy Ohandja and Alexandra Collins

17 Integrated Pollution and Control - the IndustrialEmissions Directive 368
Iain MacLean

18 The Law and Practice of Air Quality Management 393
Zen Makuch and Marilena Karyampa

19 Contaminated Land and Regulation 418
Owen Lewis

PART SEVEN THE REGULATION OF CHEMICALS AND LABORATORY SAFETY435

20 The Regulation of Nanotechnologies 437
Sekai Ngarize, Karen Makuch and Ricardo Pereira

21 Environmental Law Standards and Principles of Good LaboratoryPractice for Environmental Protection 463
Elizabeth Prichard and Karen Makuch

Questions and activities 483

PART EIGHT GOVERNANCE, IMPACT ASSESSMENT, COMPLIANCE ANDENFORCEMENT IN ENVIRONMENTAL LAW 487

22 Planning, Strategic Environmental Assessment (SEA) andEnvironmental Impact Assessment (EIA) 489
Martin Birt and Steven Smith

23 Regulating Environmental Information and Environmental Data506
Karen E. Makuch

24 Corporate Law and the Aarhus Convention 532
Nikzad Oraee-Mirzamani and Zen Makuch

25 Compliance and Enforcement in International, European andNational Environmental Law 559
Ricardo Pereira

Questions and activities 575

PART NINE CASE STUDIES ON ENVIRONMENTAL LAW IMPLEMENTATION577

26 Case Studies 579
Karen E. Makuch

Index 589

"The fact that this book is not simply aimed at legal experts in no way detracts from the value of its contents, since the authors are all profoundly knowledgeable about the topics in question. An added benefit is that, notwithstanding the complex topic of the study, it is easy to read and highly educational, especially to non-legal specialists, and provides a strong blend of depth and simplicity. This book accordingly merits praise not only for its design, aim and objectives, but also, and in equal measure, for its form and content."

Montserrat Abad Castelos, University Carlos III of Madrid, Review of European Community & International Environmental Law, 25 (1) 2016

"By delivering an extensive volume with a convincing structure and an intelligent system of cross-referencing throughout every one of its parts, Environmental and Energy Law manages to remain in a comfortable middle-ground between the legal abstraction of general principles and the details of regulations on technical standards. And this middle ground is precisely what allows the volume to be an interesting option for engineers, economists and even entrepreneurs apart from being a comprehensive source of information for legal scholars and an enjoyable textbook for students (of law or broader environmental studies alike) with exercises and case studies.?

?The introductory intention ? that stressed that lawyers would be invited to learn about engineering and scientific developments, preparing themselves for regulatory challenges of the future, is well kept: I could say that as an international lawyer, this volume indeed helped me to have a more accurate glimpse as to the links between environmental law and engineering and science. Indeed, after reaching the last page of this volume, I can affirm that Karen E. Makuch and Ricardo Pereira?s Environmental and Energy Law manages to demonstrate, with immediate and actual examples, that policy and regulation can act as major innovation-driving forces, a conclusion that is so important for engineers and investors as it is for all lawyers and students of law.?

Nelson F. Coelho, Utrecht University, European Energy and Environmental Law Review, October 2015