ELM V27 N3-4_COVER+SPINE_Studio_ELM V23 N5_Cover FINAL.qxd 25/11/2015 14:21 Page 1 VOLUME 27 ISSUES 3–4 2015 ENVIRONMENTAL LAW & MANAGEMENT LAW ENVIRONMENTAL 2015 UKELA CONFERENCE PAPERS ELM 27 SPECIAL ISSUE UNITED KINGDOM ENVIRONMENTAL LAW ASSOCIATION UKELA CONFERENCE PAPERS 2015 Water, water everywhere CONTENTS Foreword Introduction – Water law: orientation, perspectives and pointers RICHARD KIMBLIN Key trends impacting port regeneration JOHN MULLIN, ZENIA KOTVAL Water regulation in the UK GORDON McCREATH Environmental law: hot cases JAMES BURTON Flooding: the role of the Environment Agency JONATHAN ROBINSON Leakey v National Trust: a high water mark for flood liability? CAMILLA LAMONT PUBLISHERS OF Flood risk and insurance BIO-SCIENCE LAW REVIEW DUNCAN SPENCER CONTEMPORARY ISSUES IN LAW Water regulation in the United States: background and current major issues ENVIRONMENTAL LAW & MANAGEMENT STEVEN T. MIANO ENVIRONMENTAL LIABILITY ( 2015 Water and wastewater services and planning INFORMATION TECHNOLOGY LAW REPORTS KATE ZABATIS ) THE JOURNAL OF INTERNATIONAL MARITIME LAW 85–178 LAWTEXT Protection for aquatic habitats: are land-based legal tools appropriate? THE JOURNAL OF WATER LAW LYNDA M WARREN UTILITIES LAW REVIEW Working Party Presentations The circular economy: Legal and policy barriers to the waste not, want not circular economy ANGUS MIDDLETON ANGUS EVERS WWW.LAWTEXT.COM Fracking as nuisance – Recent developments in e-mail: [email protected] the legal landscape environmental law in Wales Tel: +44 (0) 1993 706183 CHARLES MORGAN HAYDN DAVIES Fax: +44 (0) 1993 709410 ISSN 1067 6058 Contents_Verso_ELM Article template 23/11/2015 14:03 Page 85 Volume 27 Issues 3–4 2015 ISSN 1067 6058 UNITED KINGDOM ENVIRONMENTAL LAW ASSOCIATION (UKELA) CONFERENCE PAPERS 2015 The University of Liverpool, 3–5 July 2015 Water, water everywhere RICHARD KIMBLIN Introduction 90 Chair, UKELA, No 5 Chambers Water law: orientation, perspectives and pointers BISHOP JAMES JONES Address given at the Conference gala dinner 97 Fellow of the Society for the Environment JOHN MULLIN Key trends impacting port regeneration 99 Professor of Urban Planning, University of Massachusetts, Amherst ZENIA KOTVAL Professor of Urban Planning, Michigan State University GORDON McCREATH Water regulation in the UK 104 Partner, Pinsent Masons JAMES BURTON Environmental law: hot cases 109 39 Essex Chambers, London JONATHAN ROBINSON Flooding: the role of the Environment Agency 134 Environment Agency CAMILLA LAMONT Leakey v National Trust: a high water mark for flood liability? 138 Landmark Chambers DUNCAN SPENCER Flood risk and insurance 144 EDIA Limited STEVEN T. MIANO Water regulation in the United States: background and 147 American Bar Association; current major issues Shareholder, Hangley Aronchick Segal Pudlin & Schiller, Philadelphia, PA KATE ZABATIS Water and wastewater services and planning – 151 United Utilities a water company’s view LYNDA M WARREN Protection for aquatic habitats: are land-based legal tools 154 Department of Law and Criminology, appropriate? Aberystwyth University WORKING PARTY PRESENTATIONS ANGUS MIDDLETON Waste Working Party Argyll Environmental, Landmark Information Group The circular economy: waste not, want not 161 ANGUS EVERS Legal and policy barriers to the circular economy 165 Partner, King & Wood Mallesons LLP CHARLES MORGAN Water Working Party 4–5 Gray’s Inn Square Chambers Environmental litigation Working Party Fracking as a nuisance – the legal landscape 168 HAYDN DAVIES Wales Working party Law School, Birmingham City University Recent developments in environmental law in Wales 171 Contents_Verso_ELM Article template 23/11/2015 14:03 Page 86 Volume 27 Issues 3–4 2015 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 27 (2015) Bristol Law School, Andrew Bryce & Co 6 issues plus index University of the West of England £585 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 Senior Lecturer, Brian Greenwood Environmental Law & Management School of Law, Partner, Osborne Clarke Lawtext Publishing Limited University of Plymouth Office G18 – Spinners Court 55 West End, Witney Professor William Howarth Oxon, OX28 1NH EUROPEAN UNION EDITOR Professor of Environmental Law, Joanne Sellick University of Kent at Canterbury E-mail: [email protected] Associate Professor, Tel: +44 (0) 1993 706183 Fax: +44 (0) 1993 709410 School of Law, Tim Jewell University of Plymouth Legal advisor, HM Government This journal is a refereed journal and may be SCOTTISH EDITOR cited as: (2015) 27 ELM 00 Sarah Hendry Owen Lomas Lecturer in Law, Consultant, Environmental Law & Management is Centre for Water Law, Environment and Safety Group, published by Lawtext Publishing Limited Policy and Science, Travers Smith © 2015 Lawtext Publishing Limited University of Dundee All rights reserved. Gordon McCreath BEHIND THE HEADLINES Partner, Pinsent Masons Any UK statutory material in this publication Dr David Pocklington is acknowledged as Crown Copyright. Director, Enviro-Law & Policy Professor Colin Reid No part of this publication may be Department of Law, reproduced or transmitted in any form, BOOK REVIEW EDITOR University of Dundee or by any means, or stored in any retrieval Neil Parpworth system of any nature without the written permission of the publishers. Leicester De Montfort Law School Paul Rice Partner, Head of Energy Sector Permitted fair dealing under the Pinsent Masons Copyright, Designs and Patents Act 1988, or in accordance with the terms of a licence issued by the Copyright Licensing Agency in Andrew Waite respect of photocopying and/or Consultant, reprographic reproduction is excepted. Keystone Law Any application for other use of copyright material including permission to reproduce Chris Willmore extracts in other published works must be School of Law, made to the publishers, and in the event of University of Bristol such permission being granted full acknowledgement of author, publishers and source must be given. Andrew Wiseman Partner, Harrison Grant Solicitors Lawtext Publishing takes no responsibility for the accuracy of URLs of external websites given in this publication nor for the accuracy or relevance of their content. PUBLISHER Nicholas Gingell PUBLISHING EDITOR Rachel Caldin Typeset by: The Studio Publishing Services Ltd e-mail: [email protected] www.publishingservicesuk.co.uk Printed and Bound in the United Kingdom by Information Press, Eynsham Foreword_Kimblin_ELM Article template 23/11/2015 10:36 Page 87 UKELA CONFERENCE 2015 : FOREWORD : (2015) 27 ELM 87 United Kingdom Environmental Law Association UKELA Conference 2015 In association with the University of Liverpool Central Teaching Hub and Crown Place, Liverpool, 3–5 July 2015 Water, water everywhere Foreword I’m delighted to welcome you to the annual UKELA Conference in Liverpool. This is the highlight of the UKELA year, and brings together world-class speakers with UKELA members and provides outstanding networking and cultural opportunities. This conference has a theme that plays out over many sectors and areas of real and important interest, some of which are highly topical and local to our venue. While you may or may not know the Water Framework Directive inside out from the recitals to the annexes, all of you will appreciate the range of interactions both in the environment and as between professional disciplines, which is an essential feature of the law as it is concerned with the water environment. One of UKELA’s important functions is to nurture a new generation of environmental lawyers. Many are here. I never stop emphasising the dialogue and delivery of know-how that takes place in UKELA between those who come to environmental issues from differ- ent perspectives. UKELA is, and remains, unique in providing these opportunities. UKELA is most grateful to 39 Essex Chambers; Exponent Engineering and Scientific Consulting; Landmark Chambers and Thomson Reuters. Without them and our other, much-valued, sponsors, it would not be possible to hold an annual conference in the style in which we do which allows us to welcome all UKELA’s members, whether students, practitioners, academics or regulators. The Recyclists deserve a special mention. They have got on their bikes for the fifth con- secutive year to support the Lord Nathan Fund, which provides resources to support www.environmentlaw.org.uk and help people who urgently need environmental law infor- mation. Next year’s conference will be international in flavour and will be held at the University of Sussex, Brighton from 1–3 July 2016; we do hope you will join us there. Richard Kimblin Chair, UK Environmental Law Association* www.ukela.org** July 2015 * Barrister, No 5 Chambers, London, Birmingham, Bristol. ** Registered Charity in England and Wales 299498. Company registered in England number 2133283. Registered office: One Glass Wharf, Bristol, BS2 0ZX. The postal address is PO Box 487, Dorking, RH4 9BH. Editorial note: Since the conference in July 2015 the editors and some authors have added information about the recent develop- ments where relevant to the original texts. Footnotes have also been insert- ed to provide general