Environmental Enforcement Undertakings and Possible Implications: Responsive, Smarter or Rent Seeking?

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  2. Dr Ole Pedersen
Author(s)Pedersen OW
Publication type Article
JournalModern Law Review
ISSN (print)0026-7961
ISSN (electronic)1468-2230
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Enforcement undertakings have recently been added to the Environment Agency's list of mechanisms available for the enforcement of certain environmental offences. An enforcement undertaking is a written agreement between the regulator and the offender in which the offender proposes to undertake particular actions in relation to the relevant non-compliant activity. This article examines the use of enforcement undertakings by the Environment Agency, arguing that the undertakings have significant regulatory implications and give rise to a series of possible problems. Notwithstanding this, the article concludes that enforcement undertakings possess a number of potentially positive features, making them a useful alternative to existing enforcement mechanisms.
PublisherWiley-Blackwell Publishing Ltd.
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