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Environmental Enforcement Undertakings and Possible Implications: Responsive, Smarter or Rent Seeking?

Lookup NU author(s): Professor Ole Pedersen

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Abstract

Enforcement undertakings have recently been added to the Environment Agency's list of mechanisms available for the enforcement of certain environmental offences. An enforcement undertaking is a written agreement between the regulator and the offender in which the offender proposes to undertake particular actions in relation to the relevant non-compliant activity. This article examines the use of enforcement undertakings by the Environment Agency, arguing that the undertakings have significant regulatory implications and give rise to a series of possible problems. Notwithstanding this, the article concludes that enforcement undertakings possess a number of potentially positive features, making them a useful alternative to existing enforcement mechanisms.

Publication metadata

Author(s): Pedersen OW

Publication type: Article

Publication status: Published

Journal: Modern Law Review

Year: 2013

Volume: 76

Issue: 2

Pages: 319-345

Print publication date: 01/03/2013

ISSN (print): 0026-7961

ISSN (electronic): 1468-2230

Publisher: Wiley-Blackwell Publishing Ltd.

URL: http://dx.doi.org/10.1111/1468-2230.12014

DOI: 10.1111/1468-2230.12014

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