Politics and Expertise: New Environmental Targets in English Environmental Law

Forthcoming in Chris Hilson and Josephine van Zeben (eds), A Research Agenda for Environmental Law (Edward Elgar, 2024)

Faculty of Laws University College London Law Research Paper No. 22/2023

10 Pages Posted: 7 Nov 2023

See all articles by Maria Lee

Maria Lee

University College London - Faculty of Laws

Date Written: November 7, 2023

Abstract

This chapter explores the legally binding environmental targets set under the Environment Act 2021, in the context of the broad literature on expertise and politics. Targets play a range of positive roles, but the discussion here raises some important challenges, including around performativity, selectivity and fragmentation, as well as the conundrum posed by the inherent simplification of targets – simplification being both the major limitation and also the great power of targets. Opening-up the setting and the implementation of targets to scrutiny and debate would enhance their ability to serve as moments for deliberation over and iteration of environmental ambition and its social effects. This requires, as a minimum, strong procedural environmental law. Far from strengthening procedural law, ongoing erosion of procedural environmental law in the UK is justified in part by the existence of targets, bringing out targets’ potentially populist side, alongside their more obvious technocratic underpinnings.

Keywords: Environmental Targets; Environment Act 2021; Climate Change Act 2008; Process; Procedural law

JEL Classification: K10, K20, K32

Suggested Citation

Lee, Maria, Politics and Expertise: New Environmental Targets in English Environmental Law (November 7, 2023). Forthcoming in Chris Hilson and Josephine van Zeben (eds), A Research Agenda for Environmental Law (Edward Elgar, 2024), Faculty of Laws University College London Law Research Paper No. 22/2023, Available at SSRN: https://ssrn.com/abstract=4625883 or http://dx.doi.org/10.2139/ssrn.4625883

Maria Lee (Contact Author)

University College London - Faculty of Laws ( email )

Bentham House
4-8 Endsleigh Gardens
London, WC1E OEG
United Kingdom

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