The Habitats Directive In Its Eu Environmental Law Context

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The Habitats Directive in its EU Environmental Law Context

Author : Charles-Hubert Born
Publisher : Routledge
ISBN 13 : 1317693043
Total Pages : 508 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis The Habitats Directive in its EU Environmental Law Context by : Charles-Hubert Born

Download or read book The Habitats Directive in its EU Environmental Law Context written by Charles-Hubert Born and published by Routledge. This book was released on 2014-11-27 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the Habitats Directive; one of the most prominent piece of EU environmental legislation of the past decades. Seen by some as the cornerstone of Europe’s nature conservation policy, among other measures the Directive established the so-called "Natura 2000" ecological network, which covers more than 18% of the surface of the EU. However, despite the fact the Directive was adopted over twenty years ago only 17% of the protected habitats and species in Europe are being adequately protected while 10-60 % of animal species remain under threat. In light of the limited success and the contested nature of the Habitats Directive so far this book examines the successes and failures of the Habitats Directive from a legal and political angle. The book brings together international experts to consider the application, implementation and future of the Habitats Directive in order to assess whether the Habitats Directive is resilient enough to tackle biodiversity loss in the twenty- first century. Particular emphasis is put on the legal regime attached to the Natura 2000 network and its possible impact on land development and the relationship between the Habitats Directive and other topics including liability for ecological damage and transboundary nature conservation.

European Union Case Law on the Birds and Habitats Directives

Author : Nina Claudia Miron
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403525673
Total Pages : 461 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis European Union Case Law on the Birds and Habitats Directives by : Nina Claudia Miron

Download or read book European Union Case Law on the Birds and Habitats Directives written by Nina Claudia Miron and published by Kluwer Law International B.V.. This book was released on 2023-12-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Energy and Environmental Law and Policy Series Despite the remarkable scope of EU conservation policy, and notwithstanding 30 years of relevant case law, nature in the EU continues to decline. This comprehensive book, focusing on the EU’s core legislation on nature, the Birds and Habitats Directives, presents a detailed summary and analysis of the two directives as interpreted by the Court of Justice of the European Union. The book’s systematic structure provides the crucial details of a large body of cases decided by the Court following legal actions taken by the European Commission or preliminary references submitted by national courts. It enables a clear procedural understanding of how nature cases are brought before the Court and how the Court approaches matters such as the burden of proof and the entitlement of environmental associations to litigate disputes. Among the salient areas of analysis are the following: the requirements for including sites within Natura 2000, the largest network of protected nature areas in the world; the obligations to conserve Natura 2000 sites and protect them from damage, including through procedural and substantive assessment requirements for plans and projects; requirements concerning unlawful or illegal activities; the strict protection requirements that apply to wild birds and other species, together with related derogation provisions; requirements to protect habitats in the wider countryside and interlinkages between the nature directives and directives on impact assessment, water, and environmental liability; challenges addressed or influenced by the Court, such as defects in Member State transposition, problems of monitoring and enforcing compliance, and dealing with harmful and benign subsidies; procedures used to bring cases to the Court, including direct actions by the Commission and preliminary references from national courts. According to the 2020 Global Risk Report of the World Economic Forum, biodiversity loss will be one of the biggest threats facing humanity in the next ten years. If nature is to have any hope of recovering and prospering, strict application of existing nature conservation rules is of utmost importance, especially as a recent evaluation shows that, although the EU nature directives are fit for purpose, implementation on the ground is lagging behind. By setting out the case law systematically and explaining what compliance with specific requirements entails, this book makes a signal contribution to nature conservation practice. Lawyers, policymakers, and NGOs working in the domain of nature conservation will greatly benefit.

The Habitats Directive

Author : Gregory Jones QC
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250220
Total Pages : 366 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Habitats Directive by : Gregory Jones QC

Download or read book The Habitats Directive written by Gregory Jones QC and published by Bloomsbury Publishing. This book was released on 2012-11-05 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biodiversity within the European Union is under threat. Almost a quarter of Europe's vascular plant species and 155 species of its native mammals, birds, reptiles and amphibians are threatened with extinction. The Habitats Directive imposes a strict regime for environmental protection. But with the euro zone economy falling from 'stagnation' to 'contraction' in the second quarter of 2012 and the UK entering into a 'double dip' recession in April 2012, European governments face an economic crisis. The English courts have said that the Directive should not become a property developer's obstacle course. Yet the tensions between environmental protection and economic growth are all too readily apparent with the UK government stating both that we must 'arrest the decline in habitats and species and the degradation of landscapes' and later that 'gold plating of EU rules on things like habitats' was putting 'ridiculous costs' on business enterprise. Edited by Gregory Jones QC, The Habitats Directive: A Developer's Obstacle Course? brings together a unique combination of leading academics and practitioners in the field of European environmental and planning law to address and debate controversial issues arising from the Habitats Directive in an authoritative and practical manner. A must for anyone engaged in property development, planning and environmental law.

EU Environmental Principles and Scientific Uncertainty before National Courts

Author : Mariolina Eliantonio
Publisher : Bloomsbury Publishing
ISBN 13 : 1509948201
Total Pages : 425 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis EU Environmental Principles and Scientific Uncertainty before National Courts by : Mariolina Eliantonio

Download or read book EU Environmental Principles and Scientific Uncertainty before National Courts written by Mariolina Eliantonio and published by Bloomsbury Publishing. This book was released on 2023-04-20 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative book explores the dynamics driving how courts across Europe and beyond understand and analyse scientific information in nature conservation. The Habitats and the Birds Directives-the core of EU nature conservation law-are usually seen as the most 'uniform' parts of EU environmental law. This book analyses the case law from 11 current and former EU Member States' courts and explores the dynamics of how, and crucially why, their understandings of scientific uncertainty on the one hand, and EU environmental principles on the other, vary. The courts' scope and depth of review, access to scientific knowledge, and scientific literacy all influence such decisions-as does their interpretation of norms and principles. How have the courts evaluated scientific evidence, encompassing its essential uncertainties? This book answers this and many more questions pertinent to EU environmental law, comparative environmental law, administrative law, and STS studies. Co-edited by experienced leaders in the field, and with outstanding contributors, this book is an essential guide to the dynamics of nature conservation law.

Conserving Europe's Wildlife

Author : Andrew L.R. Jackson
Publisher : Routledge
ISBN 13 : 1315471191
Total Pages : 312 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis Conserving Europe's Wildlife by : Andrew L.R. Jackson

Download or read book Conserving Europe's Wildlife written by Andrew L.R. Jackson and published by Routledge. This book was released on 2018-03-28 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Natura 2000 network of protected areas is the centrepiece of European Union nature policy, currently covering almost one-fifth of the EU’s entire land territory plus large marine areas. This vast EU-wide network, which aims to conserve Europe’s most valuable and threatened species and habitats, has major impacts on land use throughout all Member States of the EU. This book critically assesses the origins and implementation of the Natura 2000 network, established under the Birds Directive of 1979 and the Habitats Directive of 1992. Based on original archival research and interviews with key participants, the book records a detailed history of the origins and negotiation of Natura 2000 policy and law, with the history of EU environmental policy provided as a framework. An historical institutionalist approach is adopted, which emphasises the importance of understanding legal and policy development as processes that unfold over time. Three phases in the history of EU environmental policy are identified and described, and the history of EU nature policy is placed within the context of these three phases. Informed by this history, the author presents a comprehensive summary and assessment of the law and policy that protects Natura 2000 sites at EU level, and reviews the nature conservation outcomes for the targeted species and habitats. The book reveals how a knowledge of the history of Natura 2000 enriches our understanding of key issues such as conflicts in establishing and conserving the Natura 2000 network, EU integration in the field of nature conservation, and the future of EU nature policy.

Nature Law and Policy in Europe

Author : Andrew L. R. Jackson
Publisher : Taylor & Francis
ISBN 13 : 1000861546
Total Pages : 260 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Nature Law and Policy in Europe by : Andrew L. R. Jackson

Download or read book Nature Law and Policy in Europe written by Andrew L. R. Jackson and published by Taylor & Francis. This book was released on 2023-04-26 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers current and future challenges for nature law and policy in Europe. Following the Fitness Check evaluation of the Birds and Habitats Directives, in 2017 the EU adopted an Action Plan for nature, people and the economy to rapidly improve the Directives’ implementation and accelerate progress towards the EU's biodiversity targets for 2020. More recently, the EU has adopted a Biodiversity Strategy for 2030 and proposed an EU Nature Restoration Law. This book makes a timely contribution by examining the current state of play in light of recent and historical developments, as well as the post-2020 nature law and policy landscape. While evidence suggests that Natura 2000 and the Habitats and Birds Directives have delivered conservation benefits for wildlife in Europe, biodiversity loss continues apace. The book reviews the requirements for an effective international nature conservation system, with reference to the Birds and Habitats Directives. It examines regulatory regimes, current legal issues in the fields of site protection and species protection, the protection of areas outside Natura 2000, recent developments in the EU and the UK, including the implications of Brexit, agriculture and nature conservation, litigation, science and access to justice. Written by leading experts in the field, from a range of stakeholder groups, the volume draws on diverse experiences as well as providing interdisciplinary perspectives. This volume will be essential reading for students, scholars, practitioners, NGOs and policy-makers interested in European environmental policy and law, including for example lawyers, ecologists, environmental scientists, political scientists, natural resource managers, planners and civil servants.

EU Environmental Law and Policy

Author : David Langlet
Publisher : Oxford University Press
ISBN 13 : 0191068675
Total Pages : 600 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis EU Environmental Law and Policy by : David Langlet

Download or read book EU Environmental Law and Policy written by David Langlet and published by Oxford University Press. This book was released on 2016-09-02 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: An accessible and comprehensive resource, EU Environmental Law and Policy explains the structure and logic of EU environmental law and enables readers to quickly gain a thorough understanding of the different areas of EU secondary law pertaining to the protection of the environment. This volume explores the institutional, constitutional, and historical premises for the adoption and application of substantive EU environmental law and further expounds upon the dynamics between EU Member States and the EU. The book additionally provides an introduction to the specific subject areas of EU environmental law through thematic chapters that analyse important topics such as climate and energy, water, and biological diversity. Each area is explained in detail, including a discussion of the specific features that characterize each area and an overview of the main legal acts and case law relevant to the particular area.

Ecological Restoration in International Environmental Law

Author : Anastasia Telesetsky
Publisher : Routledge
ISBN 13 : 1317633660
Total Pages : 328 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Ecological Restoration in International Environmental Law by : Anastasia Telesetsky

Download or read book Ecological Restoration in International Environmental Law written by Anastasia Telesetsky and published by Routledge. This book was released on 2016-12-01 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human activities are depleting ecosystems at an unprecedented rate. In spite of nature conservation efforts worldwide, many ecosystems including those critical for human well-being have been damaged or destroyed. States and citizens need a new vision of how humans can reconnect with the natural environment. With its focus on the long-term holistic recovery of ecosystems, ecological restoration has received increasing attention in the past decade from both scientists and policymakers. Research on the implications of ecological restoration for the law and law for ecological restoration has been largely overlooked. This is the first published book to examine comprehensively the relationship between international environmental law and ecological restoration. While international environmental law (IEL) has developed significantly as a discipline over the past four decades, this book enquires whether IEL can now assist states in making a strategic transition from not just protecting and maintaining the natural environment but also actively restoring it. Arguing that states have international duties to restore, this book offers reflections on the philosophical context of ecological restoration and the legal content of a duty to restore from an international law, European Union law and national law perspective. The book concludes with a discussion of several contemporary themes of interest to both lawyers and ecologists including the role of private actors, protected areas and climate change in ecological restoration.

Rights of Nature in Europe

Author : Jenny García Ruales
Publisher : Taylor & Francis
ISBN 13 : 1040013015
Total Pages : 349 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Rights of Nature in Europe by : Jenny García Ruales

Download or read book Rights of Nature in Europe written by Jenny García Ruales and published by Taylor & Francis. This book was released on 2024-04-09 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the recognition of the Rights of Nature (RoN) in Europe, examining their conceptualisation and implementation. RoN refers to a diverse set of legal developments that seek to redefine Nature's status within the law, gradually emerging as a novel template for environmental protection. Countries like Ecuador and New Zealand, each with distinct histories and ways of dwelling in the world, have pioneered a new era in environmental governance by legally acknowledging rights or personhood for nature, ecosystems, and more-than-human populations. In recent years, Europe has witnessed growing interest in RoN, with academic, legislative, and political initiatives gaining momentum. A significant development is the September 2022 passage of a law in the Spanish Parliament, granting legal personhood and rights to the Mar Menor, a saltwater lagoon severely affected by environmental degradation. Given the diversity in interpretations and articulations of ‘Rights of Nature’, this edited volume argues that their arrival in Europe fosters different kinds of interactions across distinct areas of law, knowledge, practices, and societal domains. The book employs a multidisciplinary approach, exploring these interactions in law and policy, anthropology, Indigenous worldviews and jurisprudence, philosophy, spiritual traditions, critical theory, animal communication, psychology, and social work. This book is tailored for scholars in law, political science, environmental studies, anthropology and cultural studies; as well as legal practitioners, NGOs, activists and policy-makers interested in ecology and environmental protection.

The EU Environmental Liability Directive

Author : Lucas Bergkamp
Publisher : OUP Oxford
ISBN 13 : 0191648922
Total Pages : 408 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The EU Environmental Liability Directive by : Lucas Bergkamp

Download or read book The EU Environmental Liability Directive written by Lucas Bergkamp and published by OUP Oxford. This book was released on 2013-03-14 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Similar to the United States (US) Natural Resource Damage (NRD) program, defined under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or "Superfund") and the Oil Pollution Act (OPA), the European Union's (EU) Environmental Liability Directive (ELD)imposes liability for, and requires remediation of, significant damage to natural habitats and species protected at Community and national levels, surface and ground waters covered by the Water Framework Directive, and land.The ELD was first published in 2004 and has since been transposed into the national laws of all EU Member States. However there is little guidance available to authorities and industry in interpreting and applying the ELD and meeting its prevention and restoration objectives. This volume is the first to describe the EU's ELD and to examine the emerging issues and practices in its application. While there are differences between the US and EU regimes, some of the underlying concepts, approaches and definitions embedded in NRD are also mirrored in the text of the ELD. The book includes a comparison of similarities and differences as well as synergies in practice; hence, this book will be of interest to both US and European readers. The ELD imposes liability for significant damage to natural habitats and species protected at Community and national levels, surface and ground waters covered by the Water Framework Directive, and land. Prior to the ELD's adoption many Member States had programs in place for the restoration of soil and groundwater contamination, but none had a regime for addressing harm to unowned natural resources. This volume presents a comprehensive legal commentary on the legal issues arising under the ELD, as well as an overview of administrative, technical, and legal issues and practices in applying the ELD regimes to cases of actual or threatened environmental damage. In doing so, it discusses both substantive issues and important procedural and process-related issues. Several case studies are presented to illustrate the issues and practical solutions. In addition, emerging best practices relating to practical ELD application are identified and presented. Identifying and discussing a wide range of emerging administrative, technical, and economic practice issues arising under member state legislation transposing and implementing the ELD, this book will be a valuable resource for all those whose work is affected by the ELD.

EU Environmental Legislation

Author : Marjan Peeters
Publisher : Edward Elgar Publishing
ISBN 13 : 1781954771
Total Pages : 288 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis EU Environmental Legislation by : Marjan Peeters

Download or read book EU Environmental Legislation written by Marjan Peeters and published by Edward Elgar Publishing. This book was released on 2014-03-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book offers a cross-cutting debate on EU environmental legislation from a legal perspective focussing on key themes such as regulatory instrument choice, the coherency of law, and enforceable commitments. Based on thorough

European Environmental Law

Author : Ludwig Krämer
Publisher : Routledge
ISBN 13 : 1351938592
Total Pages : 553 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis European Environmental Law by : Ludwig Krämer

Download or read book European Environmental Law written by Ludwig Krämer and published by Routledge. This book was released on 2017-09-08 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Environmental Law pulls together the most significant material on the subject from legal and other periodicals to form an essential compendium for those wishing to study the role of law in protecting and conserving the environment. The studies are arranged in three sections which examine the Europeanisation of law and policy, analyse the application and enforcement of law and discuss the improvement of standards in Europe.

European Environmental Law

Author : J. H. Jans
Publisher :
ISBN 13 : 9789089521057
Total Pages : 584 pages
Book Rating : 4.5/5 (21 download)

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Book Synopsis European Environmental Law by : J. H. Jans

Download or read book European Environmental Law written by J. H. Jans and published by . This book was released on 2012 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Taking into account new case law of the European courts, recent environmental directives and regulations, and the new provisions of the Lisbon Treaty, this book provides an in-depth analysis of important legal issues of European environmental law. What are the legal grounds for EU environmental policy, and on what principles are directives and regulations based upon? To what extent [are] EU environmental regulations more stringent [than] national environmental standards? What are the requirements the Court of Justice has imposed on the member states implementing environmental directives? How and to what extent can European environmental law be relied upon and challenged before national courts and the European courts? How do the Treaty rules on the internal market and undistorted competition interfere with national environmental policy? Answers to these and other questions can be found in this book. The book discusses all major environmental directives and regulations, integrating important judgments of the Court of Justice on their interpretations. Futhermore, national case law on the application of European environmental law is also ... taken into account"--Provided by publisher.

Nature Conservation in Europe

Author : Peter Bromley
Publisher : Taylor & Francis
ISBN 13 : 1135158592
Total Pages : 366 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis Nature Conservation in Europe by : Peter Bromley

Download or read book Nature Conservation in Europe written by Peter Bromley and published by Taylor & Francis. This book was released on 2012-12-06 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rio Summit has pointed to the urgency for the development of an international conservation policy; and the post-Maastricht debates in Europe have highlighted the need for the EU to reassess structural funding in nature conservation, as well as the influences on policy and practice. This book is a 'route map' through the legislative and policy frameworks and explains how conservation works in Europe. It goes through the policies for nature conservation in the European Community and its constituent member states and sets out the mechanisms for delivering this policy. An understanding of the European legislative framework is now vital as its influence on local practice increases. Practitioners in the fields of countryside conservation and general land management will find the book an essential guide to the working of the EU, as well as helping an appreciation of their local role within the wider community objectives. This will, for example allow a better understanding of the grant system which many managers are now using.

Agriculture and EU Environmental Law

Author : Brian Jack
Publisher : Routledge
ISBN 13 : 1317183541
Total Pages : 334 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Agriculture and EU Environmental Law by : Brian Jack

Download or read book Agriculture and EU Environmental Law written by Brian Jack and published by Routledge. This book was released on 2016-03-23 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the development and current structure of European Union agri-environmental measures at a substantive level. Examining the measures in an integrated manner, showing how they interrelate linking different aspects of European Union agricultural law and policy, this volume examines the legislation adopted at European Union level as well as the impact of particular national measures to implement that legislation. Where appropriate, comparisons are drawn between the manner in which European Union legislation has been implemented among various Member States. Critically assessing European Union and national measures, in the light of other policy pressures such as the influence of world trade agreements and the political pressures exerted by the agricultural sector within the national legal systems of individual Member States, this volume is a valuable resource for academics researching and practitioners working in the areas of European Union environmental and agricultural law.

Managing Natura 2000 Sites

Author : European Commission
Publisher :
ISBN 13 :
Total Pages : 78 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Managing Natura 2000 Sites by : European Commission

Download or read book Managing Natura 2000 Sites written by European Commission and published by . This book was released on 2000 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Article 6 of the "Habitats" Directive plays a crucial role in the management of the sites that make up the Natura 2000 Network. With the spirit of integration in mind, it indicates the various tasks involved so that the nature conservation interests of the sites can be safeguarded. Many questions have been raised about the significance of this article by Member States and operators. At first glance it seems to be broad and not well defined, but a thorough analysis, linking it with the other articles of the directive, makes it easier to understand and apply. Nevertheless, Article 6 should not be seen in isolation. In particular, if its application leads to specific requirements, it should be remembered that Article 8 envisages the co-financing of some of the measures necessary to meet the objectives of the directive"--Foreword.

Enforcement of European Union Environmental Law

Author : Martin Hedemann-Robinson
Publisher : Routledge
ISBN 13 : 1135115850
Total Pages : 722 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis Enforcement of European Union Environmental Law by : Martin Hedemann-Robinson

Download or read book Enforcement of European Union Environmental Law written by Martin Hedemann-Robinson and published by Routledge. This book was released on 2015-05-15 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a detailed account of the various legal arrangements at European Union level, this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principal sources of EU environmental law enforcement, it also contributes to the legal and political debates that surround the subject. Spanning three parts, the author examines the practical impact of the legal arrangements at Union level that are used to uphold EU environmental norms. Offering a comprehensive account of the current state of EU environmental law enforcement and the developments affecting it, Martin Hedemann-Robinson explores the role of the European Commission, the possibilities for private law enforcement, and the responsibilities of member state national authorities. Key legal developments that have occurred since the first edition have been incorporated, including new statutory developments and case law. Particular attention is paid to the impact of the 2007 Lisbon Treaty on foundational EU treaty provisions enabling the European Commission to take legal action against EU member states infringing Union environmental law, the establishment of a new legal architecture at Union level on the topic of environmental criminal policy, as well as increased EU legislative intervention in the area of environmental inspections. The impact of the 1998 Århus Convention on EU environmental law enforcement is also addressed in detail, including the influence of recommendations of the Århus Convention’s Compliance Committee.