Environmental rule-making and public consultation: a case study of the development of a new legal regime to clean up contaminated land

Etherington, LM, 2000. Environmental rule-making and public consultation: a case study of the development of a new legal regime to clean up contaminated land. PhD, Nottingham Trent University.

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Abstract

This study identifies the challenges which face rule makers in the environmental context, by establishing a number of 'issues' which they must address. These issues are derived from the theoretical nature of environmental problems, the theory of (mainly administrative) rule making, and the subject matter of the case study selected (contaminated land). The Study then identifies how these issues have been addressed in the particular case of devising a new system of rules for dealing with the problem of contaminated land. The main focus of the analysis is the manner in which the issues arose and were dealt with during consultative processes and in the resultant rales. This includes analysing the theoretical foundations for public participation in the rale making process generally, and in the environmental context specifically, and identifying the participants in the contaminated land rule making process and their perspectives on the issues arising. The main findings of the Study are: that the nature of environmental issues is such that they present particular challenges to rale makers (primarily resulting from the physical nature of those issues); that the rule makers have used particular tools in (a) rale formulation (consultation) and (b) the resulting rales (mandatory guidance) as particular means of seeking to meet these challenges, but that these tools have had limited success, with the reasons for this including some which are specific to the environmental and contaminated land contexts, as well more general reasons. The contribution to knowledge comprises the theoretical analysis of environmental and contaminated land rale making issues, together with contextual evaluation of the new rale system and the consultation exercises leading to it. A further contribution comprises analysis of original material from interviews with administrative and legal rule makers, as well as quantitative and qualitative analysis of written responses to public consultation exercises.

Item Type:	Thesis
Creators:	Etherington, L.M.
Date:	2000
ISBN:	9781369312935
Identifiers:	Number Type PQ10182995 Other
Divisions:	Schools > Nottingham Law School
Record created by:	Linda Sullivan
Date Added:	28 Aug 2020 10:22
Last Modified:	08 Jun 2023 10:38
URI:	https://irep.ntu.ac.uk/id/eprint/40566

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