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[2008] 3 Env. Liability : Contents  69




                                                                  Volume 16 : Issue 3
                                                                  ISSN 0966 2030
                                                                  Published by Lawtext Publishing Limited
                                                                  www.lawtext.com
                                                                  e-mail: ltp@lawtext.com




               Articles                                           Case Commentaries
               The emergence of European Union environmental criminal  U.S. Supreme Court rules punitive damages award in Exxon
               law: a quest for solid foundations – Part I        Valdez excessive: punitive award should align with
               MARTIN HEDEMANN-ROBINSON  Senior Lecturer in European  compensatory damages
               Law, University of Kent                            Exxon Shipping Co. v. Baker
               It now appears likely that the EU will adopt a supranational legal instrument  554 U.S._(2008); U.S., No. 07-219, June 25, 2008
               in 2008 on the subject of criminal policy. Such a step will be a profound  GREGORY J. BATTISTA   Cravath, Swaine & Moore LLP, New York, USA 104104
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               constitutional moment for the EU. The aim of this two-part article is to provide
               an analysis of the emergence of EU legislation intended to combat
                                                                  The Habitats Regulations 1994 – High Court clarity
               environmental crime; it focuses on the extent to which the EU has provided
                                                                  R (Hart District Council) v Secretary of State for Communities and
               adequate legal and political justification for such legislation and traces its
                                                                  Local Government
               protracted, complex and unpredictable path. .............................................. 71
                                                                  [2008] EWHC 1204 (Admin)
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                                                                  GARY SECTOR   Planning and Environmental Group, Addleshaw Goddard 106106
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               Taking the horse to water but will it drink? Transposing the
               Environmental Liability Directive in Scotland
               ANTJE BROWN Department of Politics, University of Stirling  Current Survey
               This article explores how the young devolved transposition network in
                                                                  European Union
               Scotland has processed the Environmental Liability Directive (ELD) to date. The
                                                                  MARTIN HEDEMANN-ROBINSON  University of Kent, Canterbury
               ELD is a complex document which poses many challenges for legislators and
               practitioners and Scottish stakeholders have addressed these challenges in  Key policy developments
               their own particular way. This article provides an update on the policy
                                                                  Atmospheric pollution (aviation included in ETS, EU report on meeting
               response in Scotland and offers some wider conclusions on multilevel
                                                                  Kyoto targets, EU emissions trading data, PM10 pollution) .......... CS46
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               governance, stakeholder relations, and environmental policy practices. ...... 9292 9292
                                                                  Biodiversity and nature conservation ............................................ CS49
                                                                  Water policy ................................................................................. CS50
               The UK draft Marine Bill                           Waste policy................................................................................. CS51
               SARAH WOTTON Associate, Bircham Dyson Bell         Sustainable consumption ............................................................. CS51
               The draft Marine Bill was published in April 2008 to introduce a new  Environmental Crime Directive, chemicals import and export........ CS52
               framework for the seas based on marine spatial planning and balancing
                                                                  Law Enforcement Issues ............................................................... CS53
               conservation, energy and resource needs. This overview outlines the main
               provisions in the Bill, questions whether the proposals will deliver and  EU Legislation Update .................................................................. CS58
               pinpoints a number of issues that are not coherently addressed. ................ 9999 9999
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                  ENVIRONMENTAL LIABILITYAL LIABILITY
                  E ENVIRONMENTNVIRONMENTAL LIABILITYAL LIABILITY
                   NVIRONMENTAL LIABILITY
                  E EN V I R O N M E N T
                  focuses on national and international developments in environmental law and policy and in particular those areas which impact on industry and business, policy
                  makers and administrators. The notion of liability is widely construed. Beyond matters of civil liability, criminal responsibility and liability to pay preventive or clean-up costs
                  incurred by regulatory or enforcement agencies, the concept is taken to include all developments which appear likely to have significant implications for lawyers,
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