LAW8555 : Environmental Impact Assessment Law and Practice
- Offered for Year: 2019/20
- Module Leader(s): Miss Jennifer Stephens
- Owning School: Newcastle Law School
- Teaching Location: Newcastle City Campus
|Semester 2 Credit Value:||10|
This course will introduce students to the theory of Environmental Impact Assessment and its potential as a tool of environmental management. It will complement the theoretical study of EIA with a consideration of how EIA has been implemented in EC law and in the UK though development planning, development control and other consent procedures. It will consider, in particular, how and to what extent EIA can improve the quality of decision making about projects affecting the environment, and how (and to what extent) it can and does improve public participation in decision making and "empower" local communities to take greater control of the environment in their communities.
It will compare and contrast EIA with Strategic Environmental Assessment of development plans and public projects. The module will use a case study of a real EIA, using planning documents, to examine the changes in decision making about the environment brought about by EIA as a tool of development planning.
Outline Of Syllabus
1. The theory of EIA; structure and impact on the culture of administrative decision making.
2. The European EIA Directive.
3. Transposition of European Law into UK law and planning procedures, EIA in English law.
4. EIA in the Courts; interpretation of the Directive by the European Court of Justice, and by the
5. Case Studies of EIA in Practice – the Cairngorm Funicular EIA, and the subsequent litigation in
WWF v Secretary of State for Scotland (1999), and the Trump International Golf Links EIA.
6. Strategic Environmental Assessment ("SEA").
|Scheduled Learning And Teaching Activities||Lecture||5||2:00||10:00||N/A|
|Scheduled Learning And Teaching Activities||Small group teaching||4||2:00||8:00||N/A|
|Scheduled Learning And Teaching Activities||Drop-in/surgery||2||1:00||2:00||N/A|
|Guided Independent Study||Independent study||80||1:00||80:00||N/A|
Teaching Rationale And Relationship
The lectures are used to introduce students to EIA as a regulatory tool of environmental management. The seminars will then be used to discuss the concepts, develop subject specific and generic skills. A case study will be explored and students will have the opportunity to review real planning documents.
The format of resits will be determined by the Board of Examiners
Assessment Rationale And Relationship
• Tests students ability to deal with complex legal concepts and understand the way in which the law shapes and determines the outcomes of planning procedures in practice.
• Tests students ability to identify changes in the culture of decision making brought about by EIA, and the significance of the manner in which environmental information is collected, represented and determined in an environmental statement and environmental impact assessment.