# Permitting and Environmental Law Lexicon

Standard English terminology for environmental law, permitting and consenting: environmental impact assessment, integrated permits, water and waste, chemicals, nature protection, contaminated land, environmental liability, climate regulation, construction permits and zoning, and administrative procedures and enforcement.

Cross-references: see `real-estate.md` for land transactions and easements; `energy-infrastructure.md` for permitting of power plants, offshore wind and grid assets; `corporate-ma-jv.md` for environmental due diligence in transactions; `litigation-settlement.md` for enforcement appeals.

## Core Concepts

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| environmental law | Body of rules governing protection of the environment; distinct from planning/zoning | Ecological law (non-technical); Environmental regulation (narrower) |
| sustainability | Principle that economic activity should meet present needs without compromising future generations | Eco-friendliness (informal) |
| precautionary principle | Decision-making principle: action to prevent environmental harm may be taken even absent scientific certainty | Preventive principle (distinct concept) |
| polluter-pays principle | Principle that costs of pollution and remediation fall on the polluter | Pollution liability (narrower) |
| prevention principle | Principle that environmental harm should be prevented at source | Source prevention |
| sustainable development | Development that reconciles environmental, social and economic objectives | Green development (informal) |
| integrated pollution prevention and control (IPPC) | Historical EU framework (now IED) for integrated permitting of major industrial installations | Integrated pollution control (imprecise) |
| best available techniques (BAT) | Most effective economically viable techniques for preventing/reducing emissions; binding for IED installations | Best practices (informal); Best available technology |
| BAT reference document (BREF) / BAT conclusions | EU documents codifying BAT for a sector; BAT conclusions are binding on permit conditions | BREF notes |
| environmental management system (EMS) | Organisational framework for managing environmental performance; often ISO 14001 certified | Environmental policy (narrower) |

## Environmental Impact Assessment (EIA) and Strategic Environmental Assessment (SEA)

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| environmental impact assessment (EIA) | Procedural assessment of likely significant environmental effects of a project before consent | Environmental review (informal); EIA study (the document is "EIA report") |
| EIA Directive | Directive 2011/92/EU as amended by 2014/52/EU governing project-level EIA in EU | EIA law |
| screening | First-stage assessment whether a project requires a full EIA | Screening decision |
| scoping | Determination of the content and extent of the EIA | Scoping opinion |
| environmental impact statement / EIA report | Developer's report documenting the assessment | EIS (US usage); Impact study |
| non-technical summary (NTS) | Plain-language summary of the EIA report required for public consultation | Executive summary |
| public consultation / participation | Mandatory opportunity for the public and authorities to comment on EIA | Public inquiry (specific UK procedure) |
| Aarhus Convention | 1998 UN/ECE convention on access to information, public participation and access to justice in environmental matters | Aarhus Treaty |
| Annex I / Annex II project | EIA Directive categories: Annex I — mandatory EIA; Annex II — case-by-case screening | Listed project (ambiguous) |
| significant effects | Threshold triggering EIA obligations; includes cumulative, trans-boundary and indirect effects | Material effects (commercial term) |
| strategic environmental assessment (SEA) | Plan/programme-level environmental assessment under Directive 2001/42/EC | Strategic assessment (ambiguous) |
| appropriate assessment (AA) | Assessment under Habitats Directive art. 6(3) for plans/projects affecting Natura 2000 sites | Natura assessment |
| transboundary EIA (Espoo) | Cross-border EIA procedure under the Espoo Convention | International EIA |
| mitigation measures | Measures to avoid, reduce or offset adverse environmental effects | Compensation (specific concept) |
| monitoring requirements | Post-consent obligations to track environmental effects and mitigation effectiveness | Follow-up (informal) |

## Integrated and Sectoral Permits

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| environmental permit | General term for authorisation to carry out activity with environmental impact | Environmental licence |
| integrated environmental permit | Single permit covering all emissions/environmental aspects of an IED installation | Integrated permit |
| Industrial Emissions Directive (IED) | Directive 2010/75/EU governing industrial installations (replaced IPPC); revised in 2024 | IED Directive (redundant) |
| large combustion plant (LCP) | Combustion installation with thermal input ≥ 50 MW; subject to stricter IED Chapter III rules | Large combustion installation |
| BAT-associated emission levels (BAT-AEL) | Emission ranges linked to BAT; basis for permit emission limit values | Emission ranges |
| emission limit value (ELV) | Legally binding maximum emission level in permit | Emission cap (ambiguous) |
| air emissions permit | Authorisation for releases to air; may be part of integrated permit or standalone | Atmospheric permit |
| water discharge permit | Authorisation for releases to surface water or sewers | Wastewater permit |
| waste permit / waste management licence | Authorisation for handling, treating or disposing of waste | Waste authorisation |
| noise permit / noise consent | Authorisation or conditions for noise emissions | Sound licence |
| Seveso establishment | Site storing hazardous substances above Seveso III thresholds; subject to major-accident controls | Seveso plant |
| Seveso III Directive | Directive 2012/18/EU on control of major-accident hazards involving dangerous substances | Seveso Directive |
| safety report / major-accident prevention policy (MAPP) | Mandatory documentation for Seveso establishments | Seveso report |

## Water Law

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| Water Framework Directive (WFD) | Directive 2000/60/EC establishing integrated water management at river-basin level | Water Directive |
| river basin management plan (RBMP) | Plan setting environmental objectives and measures per river basin under WFD | Basin plan |
| good ecological / chemical status | WFD environmental objective for surface and groundwater bodies | Good water quality (informal) |
| Bathing Water Directive | Directive 2006/7/EC on quality of bathing waters | Bathing Directive |
| Urban Waste Water Treatment Directive | Directive 91/271/EEC on collection and treatment of urban wastewater | Sewage Directive |
| Drinking Water Directive | Directive (EU) 2020/2184 on quality of water intended for human consumption | Water quality directive |
| Floods Directive | Directive 2007/60/EC on assessment and management of flood risks | Flood directive |
| water abstraction | Taking water from surface or groundwater; typically requires permit | Water extraction (informal) |
| water abstraction licence | Permit authorising water abstraction | Abstraction permit |
| groundwater body | Volume of groundwater within an aquifer; WFD management unit | Aquifer (specific geological term) |
| priority substances | List of substances of particular concern under WFD | Priority pollutants |
| marine spatial planning | Framework under Directive 2014/89/EU for spatial planning of marine waters | Marine zoning |
| Marine Strategy Framework Directive (MSFD) | Directive 2008/56/EC aiming at good environmental status of marine waters | Marine directive |

## Waste Law and Circular Economy

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| Waste Framework Directive (WFD-Waste) | Directive 2008/98/EC establishing the legal basis for EU waste management | Waste Directive |
| waste hierarchy | Priority order: prevention, preparing for reuse, recycling, other recovery, disposal | Waste pyramid (informal) |
| end-of-waste criteria | Conditions under which a substance ceases to be waste | End-of-waste status |
| by-product | Substance that is not waste where specific conditions met | Side-product |
| extended producer responsibility (EPR) | Obligation on producers to finance end-of-life management of their products | Producer liability (broader) |
| packaging and packaging waste | Regulated under Directive 94/62/EC (to be replaced by Packaging and Packaging Waste Regulation) | Packaging waste only |
| WEEE (waste electrical and electronic equipment) | Regulated under Directive 2012/19/EU | E-waste (informal) |
| battery regulation | Regulation (EU) 2023/1542 on batteries and waste batteries | Battery directive (replaced) |
| landfill | Waste disposal site for final deposit of waste | Dump (informal) |
| Landfill Directive | Directive 1999/31/EC on the landfill of waste | Landfill rules |
| shipment of waste | Cross-border movement of waste; governed by Regulation (EC) 1013/2006 | Waste transport |
| hazardous waste | Waste with properties listed in Annex III of WFD-Waste | Dangerous waste (UK usage) |
| circular economy | Economic model minimising waste and maximising resource efficiency | Green economy (broader) |

## Nature Protection

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| Habitats Directive | Directive 92/43/EEC on conservation of natural habitats and of wild fauna and flora | Habitat Directive |
| Birds Directive | Directive 2009/147/EC on conservation of wild birds | Wild Birds Directive |
| Natura 2000 network | Network of Special Areas of Conservation (Habitats Directive) and Special Protection Areas (Birds Directive) | Natura areas |
| Special Area of Conservation (SAC) | Site designated under Habitats Directive | SAC site |
| Special Protection Area (SPA) | Site designated under Birds Directive | SPA zone |
| appropriate assessment (AA) | Assessment under Habitats Directive art. 6(3) of plans/projects likely to affect Natura 2000 site | Natura assessment |
| imperative reasons of overriding public interest (IROPI) | Exceptional ground allowing plan/project affecting Natura 2000 to proceed despite adverse assessment | Overriding interest |
| compensatory measures | Measures to offset adverse effects on Natura 2000 integrity | Environmental offsets |
| species protection | Protection of listed species under Habitats/Birds Directives | Species conservation |
| CITES | Convention on International Trade in Endangered Species of Wild Fauna and Flora (1973) | CITES Treaty |
| Nature Restoration Regulation | Regulation (EU) 2024/1991 on nature restoration | Nature Restoration Law (colloquial) |
| Invasive Alien Species Regulation | Regulation (EU) 1143/2014 on prevention and management of invasive alien species | IAS Regulation |
| biodiversity net gain (BNG) | Policy requirement that developments deliver a net positive effect on biodiversity | Biodiversity offset |

## Chemicals and Biocides

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| REACH | Regulation (EC) 1907/2006 on registration, evaluation, authorisation and restriction of chemicals | REACH Regulation (redundant but acceptable) |
| registration (REACH) | Mandatory registration with ECHA for substances manufactured/imported ≥ 1 tonne/year; use "REACH registration" as abbreviated form after first use | Substance registration (imprecise) |
| SVHC (substances of very high concern) | Substances meeting CMR, PBT, vPvB or equivalent criteria; listed on Candidate List | Candidate substances (imprecise); hazardous substances (too broad) |
| authorisation (REACH) | Formal approval required to use Annex XIV substances; use "REACH authorisation" as abbreviated form after first use | Licence to use (imprecise); substance authorisation (imprecise) |
| restriction (REACH) | Restriction on manufacture, use or placing on the market (Annex XVII) | REACH ban (imprecise); substance prohibition |
| ECHA (European Chemicals Agency) | EU agency administering REACH, CLP, Biocides and PIC; spell out on first use, abbreviate thereafter | ECHA Agency (redundant); chemicals authority |
| CLP Regulation | Regulation (EC) 1272/2008 on classification, labelling and packaging of chemicals; use "CLP" as abbreviated form after first use | GHS Regulation (the CLP implements GHS but is not identical) |
| safety data sheet (SDS) | Document providing hazard and safe-use information on chemicals | Material safety data sheet (MSDS — superseded pre-REACH terminology); data sheet (too generic) |
| Biocidal Products Regulation (BPR) | Regulation (EU) 528/2012 on the making available and use of biocidal products; use "BPR" as abbreviated form after first use | Biocides Directive (superseded); Pesticide Regulation (different instrument) |
| POPs Regulation | Regulation (EU) 2019/1021 on persistent organic pollutants; abbreviate as "POPs" after first use | Stockholm Convention (related international instrument, not the EU regulation) |
| mercury regulation | Regulation (EU) 2017/852 on mercury | Mercury rules (informal); Minamata Regulation (it implements the Minamata Convention but is not identical) |

## Contaminated Land and Environmental Liability

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| contaminated land | Land where substances in, on or under cause harm or risk of harm | Polluted land (informal) |
| contamination | Presence of substances above background at levels capable of causing harm | Pollution (broader) |
| orphan site | Contaminated site where no liable party can be identified | Abandoned site |
| historic contamination | Pre-existing contamination predating current operator or transaction | Legacy pollution |
| environmental liability | Responsibility for preventing, remedying or paying for environmental damage | Environmental responsibility (informal) |
| Environmental Liability Directive (ELD) | Directive 2004/35/EC on environmental liability with regard to prevention and remedying of environmental damage; use "ELD" as abbreviated form after first use | Polluter Pays Directive (informal) |
| environmental damage | Damage to protected species and habitats, water or land (ELD definition) | Environmental harm (broader) |
| remediation / remedial action | Measures to restore damaged environment to baseline | Clean-up (informal) |
| primary / complementary / compensatory remediation | ELD three-tier remediation scheme | Remediation stages |
| site investigation / Phase I / Phase II ESA | Environmental site assessments; Phase I is desk-based; Phase II is intrusive | Site survey (informal); ESA report |
| land remediation plan | Plan setting out proposed remediation measures and objectives | Clean-up plan |

## Climate and Air Quality

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| EU Emissions Trading System (EU ETS) | Cap-and-trade scheme for greenhouse gases under Directive 2003/87/EC | EU ETS scheme (redundant) |
| EU ETS 2 / ETS for buildings and road transport | Separate ETS covering buildings, road transport and small industry from 2027 | ETS II |
| allowances (EUAs) | Tradable allowances each representing one tonne CO₂eq | Emission permits (ambiguous) |
| Carbon Border Adjustment Mechanism (CBAM) | Regulation (EU) 2023/956 imposing carbon costs on imports of certain goods | Carbon tariff (informal) |
| Effort Sharing Regulation (ESR) | Regulation (EU) 2018/842 setting binding annual national GHG emission limits for non-ETS sectors | Effort Sharing |
| Fit for 55 package | Package of EU climate legislation aligning with 2030 55% emission reduction target | Fit-for-55 |
| European Climate Law | Regulation (EU) 2021/1119 setting climate-neutrality target by 2050 | Climate Law (unqualified — ambiguous in international context) |
| LULUCF Regulation | Regulation (EU) 2018/841 on land use, land use change and forestry | LULUCF rules |
| Taxonomy Regulation | Regulation (EU) 2020/852 establishing framework for sustainable investments | EU Taxonomy |
| Corporate Sustainability Reporting Directive (CSRD) | Directive (EU) 2022/2464 on corporate sustainability reporting; use "CSRD" as abbreviated form after first use | NFRD (predecessor — Non-Financial Reporting Directive, now repealed) |
| Corporate Sustainability Due Diligence Directive (CSDDD) | Directive (EU) 2024/1760 on human rights and environmental due diligence in value chains; use "CSDDD" as abbreviated form after first use | CSDD (non-standard); supply-chain diligence directive |
| National Emission Ceilings Directive (NECD) | Directive (EU) 2016/2284 setting national emission ceilings for air pollutants; use "NECD" as abbreviated form after first use | National Air Quality Directive (confuses with Ambient Air Quality Directive) |
| Ambient Air Quality Directive | Directive 2008/50/EC (and 2024 revision) setting air quality standards | AQ Directive |
| greenhouse gas inventory | National or facility-level accounting of GHG emissions | GHG register |

## Construction, Planning and Zoning

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| building permit / construction permit | Authorisation to carry out construction works | Building licence |
| planning permission (UK) / development consent (UK projects) / zoning permit (US) | Consent allowing a development under planning law | Planning permit (US) |
| land-use plan / zoning plan | Municipal planning instrument allocating land uses | Urban plan (broader) |
| master plan | Higher-level spatial plan setting general land-use structure | City plan |
| building regulations | Technical requirements for construction (structure, fire, energy, accessibility) | Construction standards |
| certificate of occupancy / use permit | Authorisation to put completed building into use | Habitation certificate |
| expropriation / compulsory purchase | State acquisition of private land for public purpose in return for compensation | Eminent domain (US) |
| public-interest declaration | Administrative decision affirming public utility of a project | Public utility declaration |
| heritage / listed building consent | Consent to works affecting protected heritage assets | Heritage permit |
| archaeological investigation | Investigation of archaeological remains before or during construction | Archaeological survey |

## Administrative Procedure and Enforcement

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| competent authority | Public authority designated to grant permits or exercise enforcement | Licensing authority (narrower) |
| environmental inspectorate | Enforcement body monitoring compliance (e.g., EPA, UK EA, national equivalents) | Environmental police (informal) |
| inspection | On-site or desk verification of compliance | Audit (distinct in commercial usage) |
| compliance notice / improvement notice | Administrative order requiring action within time-limit | Compliance letter (informal) |
| enforcement notice | Order requiring cessation or remedy of non-compliance | Enforcement letter |
| stop notice | Order halting activity posing imminent environmental risk | Cease notice |
| administrative fine / civil penalty | Non-criminal financial penalty for environmental non-compliance | Fine (ambiguous) |
| environmental offence | Criminal offence under environmental legislation | Environmental crime (informal) |
| Environmental Crime Directive | Directive (EU) 2024/1203 on protection of the environment through criminal law | Ecocide Directive (colloquial) |
| appeal | Challenge of permit decision or enforcement action to higher authority or court | Opposition (ambiguous) |
| judicial review | Court review of lawfulness of administrative decision | Court appeal (narrower) |

## Section Headings

| Correct English heading | Avoid |
|---|---|
| ENVIRONMENTAL COMPLIANCE | Environmental Requirements |
| PERMITS AND CONSENTS | Licences and Authorisations |
| ENVIRONMENTAL REPRESENTATIONS AND WARRANTIES | Environmental Warranties |
| ENVIRONMENTAL INDEMNITY | Pollution Indemnity |
| CONTAMINATION AND REMEDIATION | Clean-Up Obligations |
| REPORTING AND MONITORING | Environmental Reporting |
| HEALTH, SAFETY AND ENVIRONMENT (HSE) | HSE Requirements |
| CLIMATE AND SUSTAINABILITY | ESG Clauses |

## Notes

- **Environmental "permit" vs "consent" vs "licence"**: EU usage varies. "Permit" is the dominant term under the Industrial Emissions Directive; "consent" appears in UK planning and water legislation; "licence" is used for discrete activities (e.g., waste, abstraction). Default to "permit" unless the source text or jurisdiction uses another term.

- **EIA terminology**: Consolidated EU usage post-2014 amendment: "environmental impact assessment" (EIA); "EIA report" (developer's document, not "EIS"); "screening decision"; "scoping opinion". Earlier texts may use "environmental statement" or "EIS" — note and standardise.

- **"Appropriate assessment" (AA)**: Distinct from EIA. Required under Habitats Directive art. 6(3) for plans/projects likely to have significant effect on a Natura 2000 site. Can run in parallel with EIA. Do not conflate.

- **BAT / BAT-AEL / BAT conclusions**: BAT is a qualitative standard; BAT-AEL are numerical emission ranges linked to BAT; BAT conclusions are Commission decisions codifying BAT for a sector and are binding on permit conditions for IED installations.

- **Industrial Emissions Directive (IED) 2024 revision**: Directive (EU) 2024/1785 expanded scope (to include more intensive livestock and battery/metals sectors), added environmental management system obligations and more transparency. Older texts will reference IED 2010/75/EU as the base instrument.

- **"Polluter pays" and ELD**: The polluter-pays principle is codified operationally in the Environmental Liability Directive (ELD). ELD covers water, protected species/habitats and land (limited to risk to human health). It does not create a stand-alone damages claim for private parties.

- **Seveso III**: Applies in tiers (lower-tier vs upper-tier establishments) based on quantities of dangerous substances. Upper-tier operators must prepare safety reports; lower-tier must implement MAPP. Common trigger for M&A environmental DD.

- **REACH — SVHC disclosure**: Suppliers of articles containing SVHCs above 0.1% w/w must notify downstream users and ECHA (via the SCIP database). Article producers/importers are often unaware of this obligation — flag in commercial translations.

- **EU ETS and CBAM interface**: CBAM applies to imported goods in carbon-intensive sectors (cement, iron and steel, aluminium, fertilisers, hydrogen, electricity) and runs in parallel with the phasing out of free EU ETS allowances for these sectors (2026–2034).

- **Aarhus Convention — three pillars**: Access to environmental information; public participation; access to justice. Incorporated into EU law by Regulations 1367/2006 and 2021/1767. Important for translation of public-participation and NGO-standing references.

- **CSRD / CSDDD / Taxonomy**: The EU sustainability reporting stack. CSRD applies from FY 2024 (first wave); CSDDD phased in from 2027; Taxonomy provides the classification framework. Translate titles in full on first use.

- **Planning permission vs. development consent**: In the UK, "planning permission" is the default consent under the Town and Country Planning Act; "development consent" (DCO) applies to nationally significant infrastructure projects under the Planning Act 2008. In continental jurisdictions, translate the local equivalent literally and provide a short note.

- **"Stop notice" / "prohibition notice" / "emergency order"**: All describe immediate enforcement stopping an activity that poses imminent environmental or safety risk. Use "stop notice" (UK Environment Agency usage) or "prohibition notice" (UK HSE usage) as appropriate; for other jurisdictions, translate the local term literally and explain in parentheses.

- **Civil, criminal and administrative enforcement**: Environmental law operates across all three enforcement modes, often simultaneously. When translating, identify the mode clearly — e.g., "administrative fine" for non-criminal penalty, "criminal prosecution" for indictable offence, "civil injunction" for private-law action.

- **"Green" marketing claims**: Translation of environmental marketing claims (green, sustainable, carbon-neutral, biodegradable) is sensitive post-Directive (EU) 2024/825 (Empowering Consumers for the Green Transition) and the pending Green Claims Directive. Avoid creative translations — preserve source terminology and flag ambiguity.

- **Capitalisation**: Defined terms like "Permit", "Competent Authority", "Remediation", "Environmental Laws" should be capitalised consistently. International regulation references (REACH, IED, WFD, CLP) are always capitalised.

- **Cross-cutting nature**: Permitting and environmental law intersects with many other domains. When translating a document that touches multiple areas, check: land/real estate (zoning, easements, contaminated land); energy/infrastructure (EIA for power plants, offshore wind); M&A (environmental DD, warranties, indemnities, disclosure schedules); litigation (enforcement appeals, judicial review, citizen suits); finance (green loans, sustainability-linked loans, Taxonomy-aligned financing).
