Best Available Techniques (BAT) and Coal-fired Power Stations: Can the Energy Gap be Plugged Without Increasing Emissions?

Wilde, Mark

doi:10.1093/jel/eqm039

Cited by 4 publications

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“…In that case, it was also viewed that inevitability would apply where the defendant had tried the best system of nuisance prevention available at the time, allowing for up‐to‐date knowledge of such systems and taking into account the cost implications[28]. The defence in Manchester[28] failed because the damage caused was not an inevitable result of the building of the power station in question; it should instead have been built with taller chimneys, which would have dispersed the emissions more efficiently (Wilde, 2008). This position was upheld more recently in the Allen[29] case, with Lord Wilberforce describing the procedure for courts when considering the defence in some detail:The respondent alleges a nuisance, by smell, noise, vibration, etc.…”

Section: The Scope and Application Of Statutory Authoritymentioning

confidence: 99%

Planning for nuisance?

Moor

2011

International Journal of Law in the Built Environment

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PurposeThe purpose of this paper is to explore and examine the impact of s.158 of the Planning Act 2008 in the UK, which awards the defence of statutory authority to developers of major infrastructure projects in private nuisance actions. The paper will assess the extent to which this provision could broaden the scope of the existing defence and consider the practical implications of the new measures.Design/methodology/approachThe paper analyses existing case law, and the historic evolution of the UK doctrine of statutory authority, in order to assess the potential judicial approach to the defence in infrastructure planning decisions.FindingsAlthough s.158 of the Planning Act 2008 appears to further broaden the opportunity for the statutory immunity defence to be used, certain historical restrictions will affect its application. In awarding the defence, the judiciary have taken into account a variety of considerations such as the specificity of the location, the inevitability of the nuisance, the effect on statutory provisions, and the bearing that negligence has on the defence. These exceptions prove that there is no such thing as “blanket immunity”, and developers may still be held responsible for their un‐neighbourly conduct.Practical implicationsThe scope of the protection conferred on developers of major infrastructure projects can appear confusing and could potentially create the assumption that statutory authority will act as a total defence to any actions. Developers, and their advisers, will need to be aware of the aforementioned exceptions before seeking to rely on the statutory authority defence.Originality/valueThis paper proposes that the doctrine of statutory authority has gained a newly significant status and uses recent legislation and a comprehensive overview of the existing case law to demonstrate these findings.

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Section: The Scope and Application Of Statutory Authoritymentioning

confidence: 99%

Planning for nuisance?

Moor

2011

International Journal of Law in the Built Environment

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“…nitrogen and phosphorous) and various wastes deposited on soil during power production have a major negative impact on global climate (Thitakamol et al, 2007;von Blottnitz & Curran, 2007;Driscoll et al, 2003). Therefore, any measures or actions taken in order to minimize and control environmental pollution through techniques such as Best Available Techniques (Liu & Wen, 2012;Bréchet & Tulkens, 2009;Wilde, 2008;Georgopoulou et al, 2007), are mainly end-of-the-pipe solutions and are restricted to dealing with the problem during the operation of the power plants (Giner-Santonja et al, 2012). Odeh et al (2008) state that in many cases these actions could result in reduction of the amount of emissions and pollutants released during the power generation stage of life cycle, but on the other hand they could increase the total environmental impacts of the life cycle overall.…”

Section: Introductionmentioning

confidence: 99%

Integration of the environmental management aspect in the optimization of the design and planning of energy systems

Theodosiou

Stylos

Koroneos

2015

Journal of Cleaner Production

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The increasing concerns regarding the environmental pollution derived from anthropogenic activities, such as the use of fossil fuels for power generation, has driven many interested parties to seek different alternatives, e.g. use of renewable energy sources, use of “cleaner” fuels and use of more effective technologies, in order to minimize and control the quantity of emissions that are produced during the life cycle of conventional energy sources. The work presented in this paper focuses on the examination of the possibilities of integrating the environmental aspects in the preliminary phase of the conventional design and planning of energy systems in conjunction with other parameters, such as financial cost, availability, capacity, location, etc. The integration of the environmental parameter to the design is carried out within a context where Eco-design concepts are applied. Due to the multi-parameter nature of the design procedure, the tools that are used are Life Cycle Analysis and Multi-criteria Analysis. The proposed optimization model examines and identifiesoptimum available options of the use of different energy sources and technologies for the production of electricity and/or heat by minimizing both the financial cost and the environmental impacts, with regard to a multiple objective optimization subject to a set of specific constraints. Implementation of the proposed model in the form of a case study for the island of Rhodes in Greece revealed that an optimized solution both cost and environmental-wise, would be an almost balanced participation of renewables and non-renewable energy sources in the energy mix

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EU Environmental Law

Lee

2016

A Companion to European Union Law and International Law

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Best Available Techniques (BAT) and Coal-fired Power Stations: Can the Energy Gap be Plugged Without Increasing Emissions?

Cited by 4 publications

References 0 publications

Planning for nuisance?

Planning for nuisance?

Integration of the environmental management aspect in the optimization of the design and planning of energy systems

EU Environmental Law

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