The Way Environmental Law Is Enforced

Local Authorities and the Environment Agency are the main bodies for enforcing environmental law

. Considering that the purpose of environmental enforcement is to prevent harm to the environment and human health it concentrates on both punishments for breaking environmental laws and prevention so that violations are avoided from happening in the first place. These two elements of enforcement give rise to a range of sanctioning tools and cooperative methods. The sanctioning approach consists of corrective steps like suspension, variation or cancellation of license or authorization; or criminal prosecution in a court of law. The cooperative approach handles some other formal or informal systems like persuasions by the regulators, monitoring or inspection, issuance of verbal or written notices.

The cooperative approach has the probable advantage of getting environmental conformity without the difficulty as well as price arising from court prosecution. On the other hand, it is also generally recognized that cooperation has to be supported and backed-up by more formal legal systems. For an instance, in the Environment Agency versus Stanford case, which happened around 1999, the Mr. Stanford informed the Environment Agency that his functions had been exempt from a waste management license. An officer of the Agency then visited the place and advised Mr. Stanford that the functions were in fact illegal. Instead of prosecuting Mr. Stanford the officer recommended on the several steps that were needed in order to meet the criteria for exemption. Following the place visits, the officers of the Agency gave the opinion that no prosecution would be started if the works were taken out within a particular period of time, and if ever this were not taken out, the Agency will then start a prosecution.

In this particular situation, it was retaliated that the prosecution was an abuse of procedure due to the fact of the promises of non-prosecution created by several officers of the Agency. This controversy had been terminated by the court on the grounds that there was nothing to help the finding that the defendant was brought to think that he would not be prosecuted for past offences if he accomplished the required functions by the specified date. Even though it had been perhaps true that the Agency had not made it clear that it was thinking about prosecution, it was under no obligation to do so. Even if it could be argued that the Agency had enforced a condition that the defendant would not be prosecuted if he finished the actual function by the specified date, the condition had not been met.

This case illustrates that the enforcement agencies are permitted from acquiring formal enforcement actions even when they let offenders some time to take their actions into conformity and such acts of the enforcement agencies cannot be used as a defense against prosecution.

Hence, scientific research associated with the activities of enforcement bodies in England show the hierarchies of enforcement systems are applied. The first stage consists of guidance as well as training regarding the environmental issue that constituted the violation of environmental law. Where this system does not work out in enforcement of particular regulation, warnings are issued and the choice of prosecution is worked out only where the offence is possibly severe or deliberate. Provided the particular nature of environmental regulations, the work of enforcement agencies is formally as well as scientifically structured and the agencies supply specialized assistance and support to the business for useful compliance. Consequently, training and guidance tend to be regarded as more essential than sanctions and other formal enforcement systems. The emphasis is upon ongoing connection among the regulator and operators in order to avoid harm to the environment and its efficient protection. This object can best be accomplished through effective cooperation with the business instead of conflict which may lead from imposition of sanctions.

by: Barb Rasmussen

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