The Strategic Environmental Assessment Directive: A Plan for Success?

by Gregory Jones (Editor), Eloise Scotford (Editor)

Overview

The Strategic Environmental Assessment Directive (Directive 2001/42/EC) (SEA) has been a lurking legal presence in EU and UK environmental law. Of considerable significance in relation to strategic governmental plans and programs, its practical implications are only now just beginning to be worked through. Legal challenges to decisions made even at the highest policy level are being brought on the back of the SEA Directive. This book is a comprehensive analysis of all aspects of the Directive, from its history and scope to its impact on governmental policy and its implications in practice. The book is both timely, in light of key cases such as Case C-567/10 Inter-Environnement Bruxelles and HS2, and forward-looking, as it considers and projects future legal implications of the SEA Directive. Written by distinguished academics and leading practitioners, this book provides an in-depth critique and rounded appreciation of both the immediate practical effects of SEA and its wider impact on European and UK environmental law. [Subject: Energy & Environmental Law, European Law]

Product Details

ISBN-13:	9781849466332
Publisher:	Hart Publishing UK
Publication date:	01/16/2015
Pages:	446
Product dimensions:	6.50(w) x 9.30(h) x 1.30(d)

Table of Contents

Foreword v

Preface vii

Contributors xi

Table of Cases xvii

Table of Legislation xxv

Introduction xli

Part I Understanding the Strategic Environmental Assessment (SEA) Directive

1 The History and Context of the SEA Directive Robert McCracken QC Ned Westaway 3

2 The Transposition of the SEA Directive Gregory Jones QC 27

3 Plans and Programmes Under the SEA Directive Valerie Fogleman 41

4 The Meaning of 'Required by Legislative, Regulatory or Administrative Provisions' Simon Ricketts Juliet Munn 63

5 The Meaning of 'Early and Effective Opportunity' for Consultation Stephen Ashworth Rachael Herbert 81

6 The Role of Alternatives in the SEA Directive David Elvin QC 113

7 From SA to SEA: Sustainability Appraisals and Strategic Environmental Assessment Jack Connah Stephanie Hall 141

Part II Examining the Purpose and Impact of the SEA Directive

8 Blazing Upstream? Strategic Environmental Assessment as 'Hot' Law Elizabeth Fisher 161

9 'Streamlining' the SEA Process William R Sheate 185

10 SEA and the Control of Government Environmental Policy Eloise Scotford 213

Part III SEA Beyond Town and Country Planning

11 SEA of Non-Town and Country Planning Plans or Programmes Gregory Jones QC David Graham 235

12 The Strategic Environmental Assessment and Water Framework Directives William Howarth 265

13 Uncharted Waters: SEA in the UK Offshore Area Richard Caddell 283

Part IV The SEA Experience in Neighbouring Jurisdictions

14 Strategic Environmental Assessment in a Cold Climate: The Scottish Experience Colin Reid Denis Edwards 313

15 Any Seaport in a Storm: The Northern Ireland SEA Experience William Orbinson QC 333

16 Strategic Environmental Assessment: The Irish Experience Áine Ryall 353

17 Afterword: Aarhus and HS2 Richard Macrory Gregory Jones QC 375

Appendix: Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment 383

Index 391