The New Waste Directive – Trying to Do it All... An Early Assessment

(2009) 11(2) Environmental Law Review 75-96

40 Pages Posted: 5 Jan 2021

See all articles by Eloise A.K. Scotford

Eloise A.K. Scotford

University College London - Faculty of Laws

Date Written: June 1, 2009

Abstract

At the heart of ongoing debate over Community waste policy (and thus its regulatory form) is an unclear message about its goals, which include both ‘preventing’ and ‘regulating’ waste and, after a new Directive, maintaining high environmental standards for the use of resources generally. This article asks whether the new Directive is likely to resolve the tension that arises in determining which of these goals takes priority, or whether it perpetuates it. It answers this question by analysing the changes introduced by the 2008 Waste Directive and by examining its goals and the legal issues that arise from the Directive's efforts to clarify, simplify and reorient the provisions of previous Waste Directives. The article concludes that the new Waste Directive is broadly and overly ambitious, at the expense of clarity concerning its goals and certainty in relation to its regulatory provisions. In short, there is a lot to digest in legally understanding and appraising the new Directive.

Keywords: EU waste law, Directive 2008/98/EC, waste regulation

Suggested Citation

Scotford, Eloise A.K., The New Waste Directive – Trying to Do it All... An Early Assessment (June 1, 2009). (2009) 11(2) Environmental Law Review 75-96 , Available at SSRN: https://ssrn.com/abstract=3757985 or http://dx.doi.org/10.2139/ssrn.3757985

Eloise A.K. Scotford (Contact Author)

University College London - Faculty of Laws ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

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