Environmental Enforceable Undertakings: An Innovative Tool to Repair and Prevent Environmental Harm

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. Show more