Environmental Law

Contents
	Expanded Contents
	List of Case Studies
	Table of Cases
	Table of Statutes
	Preface
	Acknowledgments
	Chapter 1 Introducing Environmental Law
	Chapter 2 Principles of Environmental Law
	Chapter 3 Governance and Actors in Environmental Law
	Chapter 4 Environmental Regulation and Tools
	Chapter 5 Implementation and Compliance
	Chapter 6 Science and Expertise in Environmental Law
	Chapter 7 Global Dimensions of Environmental Law
	Chapter 8 Future Directions
	Index
Expanded Contents
	List of Case Studies
	Table of Cases
	Table of Statutes
	Preface
	Acknowledgments
	Chapter 1 Introducing Environmental Law
		1 Introduction
		2 Approach and structure of book
			2.1 Key dimensions of environmental law
			2.2 Examples, case studies and further resources
			2.3 Outline of chapters
		3 Notions of ‘environment’
			3.1 Philosophical constructs
			3.2 Scientific constructs
			3.3 Economic constructs
			3.4 Cultural constructs
			3.5 Global constructs
		4 Law and institutions
			4.1 Legal process and institutions
			4.2 Form and functions
		5 Framing the environment
			5.1 Judicial framing
			5.2 Legislative framing
			5.3 Determining the relevant environment
		6 Conclusions
		7 Review questions
		8 Further resources
	Chapter 2 Principles of Environmental Law
		1 Introduction
		2 Prevention of environmental harm
			2.1 ‘No harm’ rule
			2.2 The principle of prevention in national law
		3 Sustainable development
			3.1 Sustainable development in international law
			3.2 Sustainable development in national laws
			3.3 Sustainable development in practice
			3.4 Critiques of sustainable development and ESD
		4 The principles of ESD
			4.1 Integration principle
			4.2 Equity and differentiation
			4.3 Conservation of biodiversity and ecological integrity
			4.4 Improved pricing and incentive mechanisms
			4.5 Precautionary principle
			4.6 Public participation
			4.7 Environmental impact assessment
		5 Emergent principles
			5.1 Common heritage of mankind and trusteeship
			5.2 Environmental justice
			5.3 Resilience thinking
			5.4 Earth jurisprudence and wild law
			5.5 Ecological restoration
		6 Conclusions
		7 Review questions
		6 Further resources
	Chapter 3 Governance and Actors in Environmental Law
		1 Introduction
		2 Federalism and environmental law
			2.1 The Australian Constitution and environmental powers
			2.2 Scope of Commonwealth legislative powers
			2.3 Cooperative approaches and indirect governance
		3 Environmental governance models
			3.1 Rationale for different governance models
			3.2 State-centric models
			3.3 New governance models
			3.4 Environmental democracy
		4 Actors in environmental law
			4.1 Courts and tribunals
			4.2 Non-governmental environmental groups
			4.3 Indigenous peoples and environmental governance
			4.4 Private sector actors
			4.5 International actors
		5 Barriers to participation
			5.1 Financial constraints: Costs and undertakings as to damages
			5.2 Strategic litigation to quell civic environmental protest
		6 Conclusions
		7 Review questions
		8 Further resources
	Chapter 4 Environmental Regulation and Tools
		1 Introduction
		2 Approaches to regulation
			2.1 Common law approaches
			2.2 Direct regulation
			2.3 Complementary regulatory approaches
			2.4 Regulatory approaches and tools
		3 Tools of the common law
			3.1 Actions in tort: Trespass, nuisance, negligence
			3.2 Public trust doctrine
			3.3 Common law remedies
		4 Tools of direct regulation
			4.1 Prohibitions, licensing and duties
			4.2 Improvement plans and audits
			4.3 Planning and protection policies
			4.4 Environmental impact assessment
		5 Market-based tools
			5.1 Pollution taxes
			5.2 Emissions trading and permit schemes
			5.3 Environmental offset schemes
			5.4 Assessment of market-based tools
		6 Tools harnessing businesses and consumers
			6.1 Information-based tools
			6.2 Incentive-based tools
		7 Community participation tools
			7.1 Community–government partnerships
			7.2 Agreements with Indigenous communities
		8 Conclusions
		9 Review questions
		10 Further resources
	Chapter 5 Implementation and Compliance
		1 Introduction
		2 Implementation of environmental law
			2.1 Regulatory institutions
			2.2 Implementation responsibilities
		3 Implementation challenges
			3.1 Cross-cutting challenges
			3.2 Biodiversity conservation
			3.3 Water law and integrated management
		4 Compliance and enforcement
			4.1 Approaches to compliance
			4.2 Enforcement of environmental law
		5 Assessing effectiveness
		6 Conclusions
		7 Review questions
		8 Further resources
	Chapter 6 Science and Expertise in Environmental Law
		1 Introduction
		2 Different methodologies in science and law
			2.1 Different methodologies
			2.2 Differing standards of proof
		3 Role of science in environmental law
			3.1 Standard setting and environmental management
			3.2 Environmental risk assessment
			3.3 Environmental disputes
		4 Dealing with scientific uncertainty
			4.1 Changing views of science’s role
			4.2 Recognition of uncertainty in science
			4.3 Precautionary decision making
			4.4 Democratised and citizen science
			4.5 Independent scientific advisors
		5 Conclusions
		6 Review questions
		7 Further resources
	Chapter 7 Global Dimensions of Environmental Law
		1 Introduction
		2 International environmental law
			2.1 Sovereignty and territory
			2.2 Sources of international environmental law
			2.3 Implementation and compliance
		3 Harmonisation of environmental law
			3.1 Legislative incorporation
			3.2 Guidance for statutory interpretation
			3.3 Development of the common law
			3.4 Influence on executive decision making
			3.5 Domestic enforcement
			3.6 Transnational environmental law
		4 Globalisation of environmental law
			4.1 International economic law and the environment
			4.2 Human rights and the environment
			4.3 Climate change regulation
		5 Conclusions
		6 Review questions
		7 Further resources
	Chapter 8 Future Directions
		1 Introduction
		2 State of environmental law in Australia
			2.1 Environmental notions and principles
			2.2 Governance and regulation
			2.3 Implementation, compliance and enforcement
			2.4 Interdisciplinary and international influences
		3 Challenges for environmental law
			3.1 Accommodating multiple interests and actors
			3.2 Integration and complexity
			3.3 Deregulation and roll-back of protections
			3.4 Making environmental law more adaptive
			3.5 Enhancing environmental law’s effectiveness
		4 Development and reform
		5 Conclusions
		6 Review questions
		7 Further resources
	Index