15. Water Pollution

This chapter critically examines English, as well as selected European Union, laws that regulate the interlinked environmental challenges of protecting the quality and quantity of water courses. It deals with legal rules seeking to prevent and limit the pollution of rivers and other inland surface waters, such as lakes, as well as coastal areas and groundwater. One of the key challenges for water pollution law is to evolve into a more holistic, coherent, and integrated pollution control regime. In discussing this challenge, the chapter refers to and critiques recent interesting attempts to develop environmental policy discourses of bioregionalism and ecofederalism, that is, attempts to map regulatory space onto ‘natural’ spaces.

14. Integrated Pollution Control

This chapter focuses on Integrated Pollution Control (IPC), a form of environmental regulation that was developed in the EU in the early 1990s. IPC takes a holistic view of the environment, acknowledging that ecosystems draw on interconnected and interdependent elements of the living and non-living environment. The chapter critically assesses the incorporation of holistic understandings of the natural environment into environmental law. First, it traces the elusive policy idea of holistic environmental regulation and decision-making, and draws attention to the early emergence of ideas of integrated pollution control in Victorian environmental law in Britain. Second, the chapter maps the application of holistic understandings of the natural environment through IPC regimes in both the EU and the UK, in particular the EU Directive on Industrial Emissions and its implementation through the Environmental Permitting (England and Wales) Regulations 2016.

13. Pollution Control Permitting

This chapter provides a basic overview of pollution control in England and Wales. It considers the nature of pollution, the evolving history of pollution control regulation, and the main mechanism for implementing pollution control—environmental permitting. Environmental permitting is a classic form of ‘command-and-control’ regulation, which is used in many areas of environmental regulation (water regulation, waste regulation, integrated pollution control etc). Moreover, England and Wales has adopted an innovative approach to permitting, bringing together many different types of environmental permits into a single, integrated scheme under the Environmental Permitting Regulations 2016. This administrative integration of permitting was designed to improve regulatory efficiency and certainty for operators and also to better coordinate environmental controls. This chapter provides an overview of this permitting scheme, which operates in most of the pollution control regimes covered in the chapters of Part IV.