This book analyses the interpretation of environmental offences contained in the waste, contaminated land, and habitats' protection regimes. It concludes that the current purposive approach to interpretation has produced an unacceptable degree of uncertainty. Such uncertainty threatens compliance with rule of law values, inhibits predictability, and therefore produces a scenario which is unacceptable to the wider legal and business community.
The author proposes that a primarily linguistic approach to interpretation of the relevant rules should be adopted. In so doing, the book analyses the appropriate judicial role in an area of high levels of scientific and administrative complexity. The book provides a framework for interpretation of these offences. The key elements that ought to be included in this framework-the language of the provision, the harm tackled as drafted, regulatory context, explanatory notes and preamble, and finally, purpose in a broader sense-are considered in this book. Through this framework, a solution to the certainty problem is provided.
Emma Lees is a University Lecturer in Property and Environmental Law in the Department of Land Economy, University of Cambridge.
1. Introduction I. Structure II. Motivation, Scope and Methodology 2. Environmental Criminal Law in Context I. Property and Environmental Law II. Human Rights and the Environment III. Questions of Risk IV. Jurisdictional Overlap-National Law and EU Law V. Interpretation and Judicial Reasoning VI. Criminal Law and Environmental Law VII. Conclusion 3. Legal Certainty I. Defining Legal Certainty II. Transparency and Accessibility in National and European Case Law III. Certainty in Environmental Law IV. Conclusions 4. Waste, Nature Conservation and Contaminated Land: The Offences I. Waste II. Contaminated Land III. Nature Conservation 5. Uncertainty in Interpretation I. Uncertainty in Practice II. The Teleological Approach in the Courts 6. Identification of the Cause of Uncertainty: The Regulatory Culture I. Approach of the ECJ II. Administrative Approach III. The Ambiguous Role of the Courts IV. Academic Approaches V. Conclusions 7. The Solution: A Change in Approach to Interpretation I. Linguistic Analysis II. Mischief III. Seeing the Rules as Part of a Framework IV. Explanatory and Pre-Legislative Materials V. Ambiguity-Aims as a Last Resort VI. Conclusions 8. Practical Implementation of the Solution I. Environmental Principles II. Legal Barriers to Taking Such an Approach and Overcoming Them III. Examples in Practice 9. Conclusions I. Property/Environmental Law II. Human Rights and the Environment III. Question of Risk IV. Jurisdictional Overlap V. Interpretation and Legal Reasoning VI. Environmental/Criminal Law VII. Conclusion