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Environmental law has led the development of environmental management systems (and environmental auditing in particular) - Essay Example

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PART B (40% of the coursework requirement) For Part B you are required to write an essay in response to the following question: “Environmental law has led the development of environmental management systems (and environmental auditing in particular).” Discuss…
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Environmental law has led the development of environmental management systems (and environmental auditing in particular)
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Download file to see previous pages environmental record keeping and performance and impact review) include illustration of how particular industries or businesses have adapted to the rise of such compliance requirements consider whether there are any disadvantages to environmental auditing being influenced by concerns about legal compliance Word limit: 1500 words Your essay must be typed and all sources must be referenced. Hand in Date: 11th August 2011, 16.00 (generic resit CW submission date!) Marked work to be returned: To be negotiated Environmental law builds on reform movements from the early part of the 20th Century, including consumer protection and industry regulation legislation that was enacted through the House of Commons in the protection of the public welfare and safety of workers. As public awareness and understanding of the danger to the natural environment from pollution and waste produced by industry grew, more and more people began to organize into advocacy groups and political change or reform movements to affect public policy. Domestic law was the early vehicle for these reform movements and legislative changes produced in this manner became part of the common law tradition that would be enforceable in court with damages or penalties. As the role of governmental authority in policing and regulating industry on environmental concerns became more prevalent, official environmental protection and monitoring bodies were organized on the national level as industry watchdogs. With the rise of this legislation and associated governmental agencies in environmental protection, the requirements for the consumer, business, and industry to abide by environmental regulations led to the development of testing and auditing procedures that would guarantee compliance over large sectors of the economy. This can be seen in automotive emissions requirements and fuel conservation requirements in cars, trucks, and other vehicles; in pollution emissions testing requirements for factories in the energy industry and industrial production; clean water and anti-pollution requirements for companies; as well as in modern movements to initiate a global carbon trading regime based on carbon-credits and a business’ fundamental carbon footprint calculated through use of fossil fuels in all aspects of production. These developments highlight how environmental protection legislation has moved from national law to become a major aspect of international business through treaties, multi-national accords, GATT negotiations, the WTO, etc. Nationally in the UK, there are two main sources of modern environmental law, the 1974 Control of Pollution Act and the Environmental Protection Act of 1990. The 1974 CPA prohibited the dumping of waste material, sewage, and other pollution in public land, rivers, and oceans, “where— (a) the waste in question is of a kind which is poisonous, noxious or polluting; and (b) its presence on the land is likely to give rise to an environmental hazard; and (c) it is deposited on the land in such circumstances or for such a period that whoever deposited it there may reasonably be assumed to have abandoned it there or to have brought it there for the purpose of its being disposed of (whether by himself or others) as waste, shall, subject to the following subsection, be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding ?400 or both or, on conviction on indictment, to imprisonment f ...Download file to see next pagesRead More
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