Revisiting the Role of Negotiation and Trivialization in Environmental Law Enforcement

26 Pages Posted: 20 Feb 2019

See all articles by Ole W. Pedersen

Ole W. Pedersen

Newcastle University - Newcastle Law School

Date Written: March 2019

Abstract

Using an empirical assessment of the use of enforcement undertakings by the Environment Agency and the engagement of the courts with the recently enacted sentencing guidelines for environmental offences, this article argues that the enforcement of environmental law is undergoing significant change. This change manifests itself in an increased reliance on written negotiated agreements in the form of enforcement undertakings by the Enivironment Agency and the willingness of the courts to hand down significant fines in cases against certain types of polluters. These new dynamics suggest that negotiation continues to play an important role in the enforcement of environmental law, albeit in a contractualized form. The application of the sentencing guidelines conversely suggests that environmental offences are no longer trivialized by the courts. Taken together, these emerging dynamics not only create specific incentives between agencies and offenders but also call into question established understandings and perceptions of regulatory enforcement.

Suggested Citation

Pedersen, Ole Windahl, Revisiting the Role of Negotiation and Trivialization in Environmental Law Enforcement (March 2019). Journal of Law and Society, Vol. 46, Issue 1, pp. 29-54, 2019, Available at SSRN: https://ssrn.com/abstract=3337999 or http://dx.doi.org/10.1111/jols.12141

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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