Environmental Law Review

When the current water abstraction system was introduced in 1965, the state of the environment and, in particular, the management of water as a resource was not perceived to be an issue of national concern. Today, a growing appreciation of the vulnerability of the environment, and of the need to manage water resources in an active manner if the demand for supplies is to be met, have led to a government review of the water abstraction licensing system. This article examines the main reforms which have been proposed for adapting the licensing system and water resource management regime to meet the needs of this changing world. These proposals, if they are implemented, will have a significant impact, especially on those industries such as agriculture which are particularly dependent on water.

European Community environmental policy should, according to the Treaty, be based on certain environmental principles. It is clear that there is an obligation on the institutions in this regard, yet the nature of the obligation is unclear. There has, in particular, been dispute as to whether non-adherence to the principles in secondary legislation may result in the annulment of that legislation by the Court of Justice. The manner in which the Court has used the environmental principles as aids to interpretation has also lacked coherence. It is argued here that judicial use of the environmental principles is both legitimate and consistent with the Court's general adjudicative methods. On this basis, judicial consideration of the principles, particularly in a way that clarifies their scope of application, is to be encouraged, not least as a way in which the courts can respond to environmental aspects of cases before them.

Insulation standards in new and existing UK housing are poor compared with those of mainland Europe. An even distribution of heat, achieved by a well-insulated building envelope, coupled with an efficient heating and ventilation system should be a basic standard for housing, with the resulting indoor climate possessing the properties of thermally efficient comfort. This paper outlines a simple standard for Thermally Efficient Comfort in Housing (TECH) as a tool to promote thermal comfort and energy efficiency in both new and existing housing. Although some government-led legislative mechanisms exist to improve energy efficiency in UK housing, they are not universally effective. Except in particular circumstances, householders cannot be compelled by law to upgrade their properties. Instead it would be necessary to combine legislative with promotional mechanisms to achieve this goal and the TECH Standard would be involved in such mechanisms.