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Vol 22 No 9 Sept/Oct 2017

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Corruption and Misuse of Public Office

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The Strategic Environmental Assessment Directive: A Plan for Success?


ISBN13: 9781849466332
Published: February 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00



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The Strategic Environmental Assessment Directive (Directive 2001/42/EC) (SEA) has been a lurking legal presence in EU and UK environmental law.

Plainly of considerable significance in relation to strategic governmental plans and programmes, its practical implications are only now just beginning to be worked through. Legal challenges to decisions made even at the highest policy level are being brought on the back of the SEA Directive.

This book is a comprehensive analysis of all aspects of the Directive, from its history and scope, to its impact on governmental policy and its implications in practice. The book is both timely, in light of key cases such as Case C-567/10 Inter-Environnement Bruxelles (CJEU, 22 March 2012) and HS2, and forward-looking, as it considers and projects future legal implications of the SEA Directive.

Written by a blend of distinguished academics and leading practitioners it provides an in depth critique and rounded appreciation of both the immediate practical effects of SEA and its wider impact on European and UK environmental law.

Subjects:
Environmental Law
Contents:
Part I: Understanding the Strategic Environmental Assessment (SEA) Directive
1. The History and Context of the SEA Directive
Robert McCracken QC and Ned Westaway
2. The Transposition of the SEA Directive
Gregory Jones QC
3. Plans and Programmes Under the SEA Directive
Valerie Fogleman
4. The Meaning of 'Required by Legislative, Regulatory or Administrative Provisions'
Simon Ricketts and Juliet Munn
5. The Meaning of 'Early and Effective Opportunity' for Consultation
Stephen Ashworth and Rachael Herbert
6. The Role of Alternatives in the SEA Directive
David Elvin QC
7. From SA to SEA: Sustainability Appraisals and Strategic Environmental Assessment
Jack Connah and Stephanie Hall

Part II: Examining the Purpose and Impact of the SEA Directive
8. Blazing Upstream? Strategic Environmental Assessment as 'Hot' Law
Elizabeth Fisher
9. 'Streamlining' the SEA Process
William R Sheate
10. SEA and the Control of Government Environmental Policy
Eloise Scotford

Part III: SEA Beyond Town and Country Planning
11. SEA of Non-Town and Country Planning Plans or Programmes
Gregory Jones QC and David Graham
12. The Strategic Environmental Assessment and Water Framework Directives
William Howarth
13. Uncharted Waters: SEA in the UK Offshore Area
Richard Caddell

Part IV: The SEA Experience in Neighbouring Jurisdictions
14. Strategic Environmental Assessment in a Cold Climate: The Scottish Experience
Colin Reid and Denis Edwards
15. Any Seaport in a Storm: The Northern Ireland SEA Experience 3
William Orbinson QC
16. Strategic Environmental Assessment: The Irish Experience
Áine Ryall
17. Afterword: Aarhus and HS2
Richard Macrory and Gregory Jones QC