Abstract
This article identifies an emerging form of sanction for addressing environmental harm: the
environmental enforceable undertaking (EEU). Currently used for environmental protection in
Australia and the UK, the EEU is a cooperative, timely, and accountable regulatory instrument
targeted at encouraging offenders to voluntarily invest in repairing and preventing harm, frequently
going beyond basic regulatory compliance. We identify four regulatory objectives met by EEUs
(strategic; responsive; deterrent; and preventative) before discussing how EEUs might contribute
to the environmental regulation landscape, exploring examples primarily from Australia, but also
the UK. Finally, we discuss how EEUs can benefit not only the regulator and regulated but can also
involve the community in environmental regulation. We then assert a fifth regulatory objective:
they can serve as a restorative form of regulation.
environmental enforceable undertaking (EEU). Currently used for environmental protection in
Australia and the UK, the EEU is a cooperative, timely, and accountable regulatory instrument
targeted at encouraging offenders to voluntarily invest in repairing and preventing harm, frequently
going beyond basic regulatory compliance. We identify four regulatory objectives met by EEUs
(strategic; responsive; deterrent; and preventative) before discussing how EEUs might contribute
to the environmental regulation landscape, exploring examples primarily from Australia, but also
the UK. Finally, we discuss how EEUs can benefit not only the regulator and regulated but can also
involve the community in environmental regulation. We then assert a fifth regulatory objective:
they can serve as a restorative form of regulation.
| Original language | English |
|---|---|
| Pages (from-to) | 1-27 |
| Number of pages | 27 |
| Journal | Journal of Environmental Law |
| Publication status | Published - 3 Oct 2024 |