Environmental Enforcement Undertakings and Possible Implications: Responsive, Smarter or Rent Seeking?

27 Pages Posted: 2 Mar 2013

See all articles by Ole W. Pedersen

Ole W. Pedersen

Newcastle University - Newcastle Law School

Date Written: March 2013

Abstract

Enforcement undertakings have recently been added to the Environment Agency's list of mechanisms available for the enforcement of certain environmental offences. An enforcement undertaking is a written agreement between the regulator and the offender in which the offender proposes to undertake particular actions in relation to the relevant nonā€compliant activity. This article examines the use of enforcement undertakings by the Environment Agency, arguing that the undertakings have significant regulatory implications and give rise to a series of possible problems. Notwithstanding this, the article concludes that enforcement undertakings possess a number of potentially positive features, making them a useful alternative to existing enforcement mechanisms.

Keywords: Environmental law, enforcement, civil sanctions, Regulatory Enforcement and Sanctions Act 2008

Suggested Citation

Pedersen, Ole Windahl, Environmental Enforcement Undertakings and Possible Implications: Responsive, Smarter or Rent Seeking? (March 2013). The Modern Law Review, Vol. 76, Issue 2, pp. 319-345, 2013, Available at SSRN: https://ssrn.com/abstract=2227263 or http://dx.doi.org/10.1111/1468-2230.12014

Ole Windahl Pedersen (Contact Author)

Newcastle University - Newcastle Law School ( email )

21-24 Windsor Terrace
Jesmond
Newcastle upon Tyne, England NE1 7RU
United Kingdom

HOME PAGE: http://www.ncl.ac.uk/nuls/staff/profile/ole.pedersen

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