Research Handbook on Environmental Regulation

Edited by David Williamson, Professor Emeritus, University of Staffordshire and Honorary Senior Research Fellow, Law Department, University of Manchester, Gary Lynch-Wood, Senior Lecturer, Law Department, University of Manchester, UK and the City University of Hong Kong and Agne Prochorskaite, Independent Researcher

’The most significant book on environmental regulation for over a decade. The perspectives that over thirty world experts bring to the subject are impressive and enlightening, covering underlying justifications of regulation as well as issues of practical impact and implementation. Given the current political threats to environmental regulation from many quarters, the publication of this Handbook could not be more timely.’

• Contents1 Introduction to the Research Handbook on Environmental Regulation 1David Williamson, Gary Lynch-Wood, and Agne ProchorskaitePART I APPLYING REGULATORY THEORY TO ENVIRONMENTAL REGULATION2 The economic theory of environmental regulation 23Andrew Angus3 Responsive regulation in the context of environmental regulation 51Jeroen van der Heijden4 Reflexive governance and law 63Sabine Weiland5 Regulating environmental risks: epistemic and political challenges of risk-based approaches to environmental regulation 77Cameron Holley and Carley Bartlett6 Environmental regulation by nudge 93Marta Santos Silva7 Structural choices for environmental regulation 114David Williamson and Gary Lynch-Wood8 Users in low-carbon transitions: adaptive regulation, citizen-centredness and energy communities 128Siddharth SareenPART II EVALUATION OF REGULATORY TECHNIQUES9 The challenges of environmental permitting and industrial pollution control in the green transition 142Patrik Söderholm10 Market mechanisms in environmental regulation 158Donald J. Kochan11 Transnational private environmental regulation: are states striking back? 172Errol Meidinger12 Is self-regulation sustainable? Broad scopes, blurred signals, and contested values 197Mallory Elise Flowers13 From mixes of regulation to regulatory pluralism 212Deborah Curran PART III USING REGULATION TO TACKLE ENVIRONMENTAL PROBLEMS14 Enabling legal capacity for Paris implementation: communities of practice, climate justice, and the law 230Tejas Rao and Marie-Claire Cordonier Segger15 Air pollution and the global political economy of regulation 246Reece Walters and Alexander Baird16 Using regulation to tackle land pollution 259Ravi Naidu, Solmaz Bidast, Bhabananda Biswas, and Reinikainen Jussi17 Essence of water: evolving perspectives on international water law and governance 274Fozia Nazir Lone 18 Microplastic threat: new studies and policies to reduce plastic waste pollution in the marine environment 290Arup Kumar Poddar19 Regulating plastics across life cycles 309Rosalind Malcolm20 Chemical safety assessment: a study in regulatory entrenchment 324Robert Lee, Aleksandra Čavoški, and Laura Holden21 Navigating the legal framework towards a safe disposal of nuclear waste in Europe 340Jakub Handrlica22 Biodiversity basics: the biodiversity crisis and popular regulatory approaches for its mitigation 357Ebba Hooft Toomey and Tineke Lambooy23 Deforestation and forest degradation regulations 377Metodi Sotirov24 Regulation and desertification 394Ian Hannam25 Regulation of genetically modified organisms: objectives, approaches, principles, concepts, and instruments 408Hans-Georg Dederer26 US hydraulic fracturing: a case study in evolving environmental governance 426Hannah J. Wiseman27 Environmental regulation and regulatory takings 440Chris Tollefson and Anthony Ho28 Concluding remarks 458David Williamson, Gary Lynch-Wood, and Agne Prochorskaite