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Volume 26 Issues 3–4 2014 ISSN 1067 6058

UNITED KINGDOM ENVIRONMENTAL LAW ASSOCIATION (UKELA) CONFERENCE PAPERS 2014 The University of Edinburgh, 20–22 June 2014

The Interaction between Energy and Environmental Law

RICHARD KIMBLIN Foreword 67 Chair, UKELA The interaction between energy and environmental law

EUAN McVICAR Financing the transition to a greener economy 70 General Counsel, Green Investment Bank

LIN BUNTEN Regulating energy for the protection of the environment 78 Head of Operations (SE), Scottish Environment Protection Agency

STEPHEN TROMANS QC EIA, SEA and energy projects: better decision-making or 83 Thirty Nine Essex Street Chambers, London a game of snakes and ladders?

GENE SMARY Hydraulic fracturing: growth, regulation and challenges in 92 FORD TURRELL the United States Warner Norcross & Judd LLP, Michigan

PROFESSOR COLIN REID Balancing nature and renewable energy 100 School of Law, University of Dundee

BEVERLEY WALKER Tensions between energy and the environment: reconciling 105 Managing Director, BlueWind Consulting Ltd energy needs with the water environment – hydropower

HELEN McDADE Protecting wild land from inappropriate energy 113 Head of Policy, John Muir Trust developments

ALEX COOKE Energy markets and the environment 118 Department of Energy and Climate Change (DECC)

ANATOLE BOUTE European perspectives on energy and the environment: 121 University of Aberdeen towards the ‘Europeanisation’ of renewable energy regulation

JAMES FINDLAY QC, Hot cases 2014: the changing environmental landscape 124 HARRIET TOWNSEND, ESTELLE DEHON Cornerstone , London, Birmingham, Cardiff

WORKING PARTY PRESENTATIONS

FIONA ROSS Climate Change and Energy Working Party LLP, London An introduction to Contracts for Difference (CfDs) 141

FRANCIS McMANUS Environmental Litigation Working Party Honorary Professor of Law, University of Stirling, Emeritus The Scots law of nuisance – a brief overview 144 Professor of Law, Edinburgh Napier University Contents_Verso_ELM Article template 24/11/2014 14:03 Page 66

Volume 26 Issues 3–4 2014 ISSN 1067 6058

Environmental Law & Management MANAGING EDITOR EDITORIAL BOARD www.lawtext.com Dr Ben Pontin ISSN 1067 6058 Principal Lecturer in Law, Andrew Bryce Volume 26 (2014) Bristol Law School, Andrew Bryce & Co 6 issues plus index University of the West of England £575 Professor Malcolm Forster Principal Consultant, CONTRIBUTIONS EDITORS Freshfields Bruckhaus Deringer, The editors and publisher welcome British Institute for International and submissions for publication. Articles, letters CASE LAW EDITOR and other material should be submitted to: Comparative Law Jason Lowther The Publishing Editor School of Law, Professor Malcolm Grant Environmental Law and Management University of Plymouth Chairman, NHS England Lawtext Publishing Limited Office G18 – Spinners Court 55 West End, Witney EUROPEAN UNION EDITOR Brian Greenwood Oxon, OX28 1NH Joanne Sellick Pa rtner, School of Law, E-mail: [email protected] University of Plymouth Tel: +44 (0) 1993 706183 Professor William Howarth Fax: +44 (0) 1993 709410 Professor of Environmental Law, SCOTTISH EDITOR University of Kent at Canterbury Sara h Hendry This journal is a refereed journal and may be Lecturer in Law, cited as: (2014) 26 ELM 00 Tim Jewell Centre for Water Law, , Visiting Senior Fellow, Policy and Science, Faculty of Law Environmental Law & Management is University of Dundee University of Southampton published by Lawtext Publishing Limited

© 2014 Lawtext Publishing Limited CURRENT SURVEY Owen Lomas All rights reserved. Sherryll L’ Oken, Linda Fletcher Consultant, Pinsent Masons Environment and Safety Group, Any UK statutory material in this publication is acknowledged as Crown Copyright. BEHIND THE HEADLINES No part of this publication may be Dr David Pocklington Gordon McCreath reproduced or transmitted in any form, Director, Policy, Law and Practice Pa rtner, Pinsent Masons or by any means, or stored in any retrieval system of any nature without the written permission of the publishers. BOOK REVIEW EDITOR Professor Colin Reid Neil Pa rp wort h Department of Law, Permitted fair dealing under the Leicester De Montfort Law School University of Dundee Copyright, Designs and Patents Act 1988, or in accordance with the terms of a licence issued by the Copyright Licensing Agency in Pa ul Rice respect of photocopying and/or Pa rtner, Head of Energ y Sector reprographic reproduction is excepted. Pinsent Masons Any application for other use of copyright material including permission to reproduce Andrew Wa ite extracts in other published works must be Pa rtner, Environment Group made to the publishers, and in the event of Co-ordinator, such permission being granted full acknowledgement of author, publishers and Berwin Leighton Pa isner source must be given. Professor Dermot Wa lsh Lawtext Publishing takes no responsibility Department of Law, for the accuracy of URLs of external websites given in this publication nor for the University of Limerick, accuracy or relevance of their content. Ireland

PUBLISHER Chris Willmore Nicholas Gingell School of Law, PUBLISHING EDITOR University of Bristol Rachel Caldin Andrew Wiseman Typeset by: The Studio Publishing Services Ltd Pa rtner, Harrison Grant e-mail: [email protected] www.publishingservicesuk.co.uk

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