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Climate Law in EU Member States

Towards National Legislation for Climate Protection Edited by Marjan Peeters, Professor of Environmental Policy and Law, Maastricht University, the Netherlands, Mark Stallworthy, Professor of Environmental Law and Policy, Swansea University, UK and Javier de Cendra de Larragán, Dean, IE Law School, IE University, Madrid, Spain
The complex and multifaceted nature of EU climate legislation poses a major challenge for EU member states. This timely book focuses on national climate action, addressing the regulatory responses required for the purposes of meeting greenhouse gas emissions reduction objectives for 2020 (and beyond).
Extent: 392 pp
Hardback Price: $181.00 Web: $162.90
Publication Date: 2013
ISBN: 978 1 78100 277 3
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  • Environment
  • Climate Change
  • Environmental Law
  • Law - Academic
  • Environmental Law
  • European Law
  • Politics and Public Policy
  • Environmental Politics and Policy
The complex and multifaceted nature of EU climate legislation poses a major challenge for EU Member States. This timely book focuses on national climate action, addressing the regulatory responses required for the purposes of meeting greenhouse gas emissions reduction objectives for 2020 (and beyond).

The book seeks to answer such questions as: what kind of legislative approaches should be developed to comply with EU climate law? What room for national discretion should remain? What opportunities exist to go beyond EU ambitions? In addition, distinguished authors analyse national regulatory developments across selected Member States, identifying potential areas for review and improvement. The book offers further discussion and legal analysis of core themes such as: long-term target setting; contrasting legislative approaches; instrument mixes; and key linkages between environmental and energy law.

In light of the challenges confronting national legislators, this book offers important insights into the role and contribution of law towards improved climate protection, with potential lessons for countries both within and outside the EU. With this in mind, Climate Law in EU Member States will be a valuable read for policymakers and civil servants at national ministries and at the European Commission, carbon consultants and environmental non-governmental organisations, as well as for academics in and outside the EU.
‘The book gives detailed discussions of essential EU climate law and presents profound national reports which cover the transposition of EU law and focus on national climate strategies, which are often complex and sometimes also ambitious. Comparative studies at the grassroots level are an important source of ideas and possibilities and also useful documentation both for researchers and political actors.’
– Erkki Hollo, University of Helsinki, Finland

‘This is an outstanding collection of essays by a multi-national team of leading scholars. It reminds us that in a system of multi-level governance, it is crucial to examine and appraise developments not only at the level of the European Union but also within the Member States. This task has become easier with the publication of this excellent book.’
– Joanne Scott, University College London, UK
Contributors: E. Bergsma, J. de Cendra de Larragán, K. de Graaf, J. Gupta, N. Hervé-Fournereau, M. Holwerda, G. Kaminskaite-Salters, L. Karski, A. Langlais, T. Parejo Navajas, M. Peeters, B. Pozzo, C. Reid, T. Schomerus, L. Squintani, M. Stallworthy, N. van der Grijp, S. Weishaar
Contents:

PART I: INTRODUCTION
1. The Rationale for a Focus on Mitigation Law at EU Member State Level
Javier de Cendra de Larragán, Marjan Peeters and Mark Stallworthy

PART II: THE MEANING OF EU LAW FOR NATIONAL CLIMATE LEGISLATION
2. Legal Consequences of the Effort Sharing Decision for Member State Action
Marjan Peeters and Mark Stallworthy

3. EU Climate and Energy Law: Challenges for Member States
Javier de Cendra de Larragán

4. Regulating Greenhouse Gas Emissions from EU ETS Installations: What Room is Left for the Member States?
Lorenzo Squintani, Marijn Holwerda and Kars de Graaf

5. EU State Aid Law and National Climate Regulation
Stefan Weishaar

PART III: THE EMERGENCE OF CLIMATE PROTECTION LEGISLATION WITHIN MEMBER STATES
6. Prospects for the UK’s National Approach to Climate Law-making
Mark Stallworthy

7. Scotland: Constraints and Opportunities in a Devolved System
Colin Reid

8. The Paradoxical Nature of French Climate Change Law in the Light of the Grenelle Environmental Round Table
Nathalie Hervé-Fournereau

9. German Climate and Energy Legislation: An Ambitious but Fragmented Framework
Thomas Schomerus

10. Spanish Climate Change Policy: An Ambitious Bet on Renewable Energies
Teresa Parejo Navajas

11. Climate Law in Poland: Towards an Overall Regulation
Leszek Karski

PART IV: TYPICAL CHOICES BY NATIONAL GOVERNMENTS FOR CLIMATE PROTECTION
12. Implementing the Carbon Capture and Storage Regime in the UK: Experiences from a Front-runner Country
Giedre Kaminskaite-Salters

13. Biomass or the Story of an Unfinished Coming Together of Energy and Waste: Observations on the EU and French Legal Approach
Alexandra Langlais

14. The Need for a Consistent Renewable Energy Policy in Italy
Barbara Pozzo

15. The Dutch Focus: A Delta Act for Climate Adaptation
Nicolien van der Grijp, Emmy Bergsma and Joyeeta Gupta

PART V: CONCLUSION AND PROSPECT
16. Concluding Observations and Forward Look
Javier de Cendra de Larragán, Marjan Peeters and Mark Stallworthy

Index