By John Garbutt
(Third edition)
Publisher: Palladian
Price: £45
Garbutt rightly points out that in recent years UK environmental legislation has taken a quantum leap in volume and complexity. To assist lawyers who are not familiar with environmental law to cope with this ever-changing and increasingly sophisticated area of law, Garbutt has updated his useful handbook on the topic.
The book does not pretend to incorporate all information relating to environmental law (but it does provide guidance for further reading).
It does not deal with every aspect of environmental law (radioactive substances is one area set aside), although it does cover all of the major legislation in detail.
The book is not bogged down by excessive case law or detailed academic considerations of theories. Instead it contains a summary of the law, which would otherwise be difficult for a generalist lawyer to keep abreast of, and it does an excellent job.
The book’s style suits a busy practitioner who wants details in a hurry. It contains a detailed index and helpful cross-references to enable speedy access to relevant phrases, concepts or entire environmental regimes.
There are also plenty of short paragraphs and headings, which make the book easy on the eye, clear and digestible.
The first part of the book describes the landscape of environmental laws present in England and Wales today. Given the UK’s system of evolving statutory laws Garbutt helpfully (and briefly) outlines the history of the key statutes in a practical way that makes apparent the logic behind the present system and the interrelationship between the major statutes, while summarising the present situation.
The second section addresses the many procedures (such as applications for approvals, variations and appeals) arising in environmental law. Between the two sections, Garbutt comprehensively addresses the laws and
procedures relating to water, air pollution, waste, hazardous substances and noise.
The third part incorporates some notes on common law and other liabilities and remedies, bringing to the reader’s attention the civil remedies available that are often overlooked in favour of statutory ones.
Garbutt includes an appendix of current EU directives and regulations that reflect his appreciation of the increasing influence of EU legislation on UK environmental law.
Not only does the book guide the reader through the mass of environmental law, but it also includes practical information such as application procedures, landfill tax rates and descriptions of registers of public information.
A minor warning: a necessary consequence of a constantly changing field is the inevitable need to update books (this is Garbutt’s third edition of this handbook).
Unfortunately, it also means that as soon as the book is released it becomes slightly out of date – this handbook presents the law as it was on 30 November, 1999.
Garbutt addresses this difficulty by carefully anticipating the integrated pollution prevention and control regime, and contaminated land regime in a workable manner that should make this guide useful for the short-term future.
Rachel Devine is a solicitor at Allen & Overy specialising in environmental law.
