Science and the Law

An essential concept which underpins legal responses to the environmental challenge is how to accommodate the valuable contribution provided by scientific analysis. The assumption is that scientific information should help inform decision making and that the law should provide a framework for this. However, scientific uncertainties are inevitable meaning that ‘the scientists’ cannot provide all the answers – indeed the scientific method involves asking more and more questions. Furthermore, inherent within approaches to environmental problems are value decisions about what is tolerable or intolerable in a particular case, the suitable forum for which is local and national political debate. Therefore how has the law tried to reconcile this? What are the implications of the growing body of law for scientists? What tips can scientists learn that can help them better move within this growing legal framework? What other factors should inform good environmental decision making?

Webinar

In this webinar Richard Broadbent, Principal Solicitor in Natural England’s Legal Services team, will provide an insight into the scientific method and the issue of scientific uncertainty and how the law has tried to take account of this in environmental decision in the European Union by developing legal approaches predicated on the precautionary principle. In doing this Richard will discuss the relevant European Commission guidance on the precautionary principle as well as leading European and domestic cases which cite and have developed the concept. The Webinar will also consider further examples of legislative approaches which aim to accommodate the scientific method, including, for example, the developing role of European framework directives (for example the Water Framework Directive and the Marine Strategy Framework Directive) and the importance of access to information and public participation in environmental decision making. 

The webinar will conclude with some reflections on what other factors should inform environmental decision making, with reference to Natural England’s ecosystem approach. 

Richard holds an LLM in environment law from UCL, where he often lectures. Recently Richard has worked with the Law Commission on the development of a bill on conservation covenants. Conservation covenants are, in part, an attempt to encourage a grassroots approaches to environmental and heritage conservation.

How to watch

To register for this exciting webinar, please email ruth@the-ies.org and you will be sent the details of where and how to watch the webinar by email before the event.