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LLM ENVIRONMENTAL REGULATION AND GOVERNANCE 2010/11

LLM ENVIRONMENTAL REGULATION AND GOVERNANCE 2010/11. STANDARDS. ENVIRONMENTAL POLICY TOOLS. VOLUNTARY ARRANGEMENTS (agreements) INFORMATION (eco-labelling.) FISCAL GRANTS (feed-in tariffs) CONTRACTS (procurement) LIABILITY RULES (insurers surrogate regulators)

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LLM ENVIRONMENTAL REGULATION AND GOVERNANCE 2010/11

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  1. LLM ENVIRONMENTAL REGULATION AND GOVERNANCE 2010/11 STANDARDS

  2. ENVIRONMENTAL POLICY TOOLS • VOLUNTARY ARRANGEMENTS (agreements) • INFORMATION (eco-labelling.) • FISCAL GRANTS (feed-in tariffs) • CONTRACTS (procurement) • LIABILITY RULES (insurers surrogate regulators) • FISCAL TAXATION (eco taxes) • TRADEABLE PERMITS/EMISSION TRADING • ENVIRONMENTAL ASSESSMENT • COMPLIANCE WITH PRE-EXISTING STANDARDS (building) • SIMPLIFIED STANDARD LICENCES • BESPOKE LICENCES • CRIMINAL OFFENCES • PRODUCT/PROCESS BANS

  3. Purposes of instruments • CORRECT LACK OF INFORMATION (eco audits, product labelling etc.) • CHANGE INCENTIVES • MANDATE BEHAVIOUR

  4. PLANNING CONTINUUM • STRATEGY/TARGETS • PLAN including LAND-USE PLAN • BESPOKE LICENCING • COMPLIANCE WITH PRE-SET STANDARDS • REACTIVE CONTROLS • PRIVATE CIVIL REMEDITES • INFORMATION

  5. FORMALISM IN LAW PRE 1980’s TYPICAL LEGAL DUTY Water undertakers must supply ‘wholesome water’ POST 1980’s Undertakers must supply water that meets specified standards in regulations

  6. PRESSURES FOR MORE FORMALISM • Distrust in professional judgment and discretion • Move away from closed regulation and greater transparency • Privatization and government influence • Competition and equal burdens • European Community

  7. FORMS OF EMISSION STANDARDS • ENVIRONMENTAL QUALITY OBJECTIVE FOR RECEIVING ENVIRONMENT ENVIRONMENTAL QUALITY STANDARD IMMISSION STANDARD • UNIFORM EMISSION STANDARD • MINIMUM EMISSION STANDARD/LIMIT VALUE • PERFORMANCE STANDARD

  8. PARADIGM SHIFTS CONTROL > PREVENTION END OF PIPE > CLEANER TECHNOLOGY PRESCRIPTION > OUTCOME FOCUS COMMAND > COOPERATION PUBLIC CONCERN > PUBLIC INVOLVEMENT POINT SOURCE > CATCHMENT MEDIUM BASED > INTEGRATED DISPOSAL CONTROL > CRADLE TO GRAVE FEES AND PENALTIES > POLLUTER/USER PAYS LOCAL FOCUS > GLOBAL FOCUS SHORT TERM > INTERGENERATIONAL

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