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Environmental Enforcement Undertakings and Possible Implications: Responsive, Smarter or Rent Seeking?
Author(s) -
Pedersen Ole W.
Publication year - 2013
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.12014
Subject(s) - enforcement , agency (philosophy) , business , law and economics , law enforcement , relation (database) , public economics , public relations , political science , law , economics , computer science , sociology , social science , database
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.