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Waste or Resource – The Function of Waste Law in a Circular Economy
Luleå University of Technology, Department of Social Sciences, Technology and Arts, Social Sciences.ORCID iD: 0000-0002-4687-3945
2024 (Swedish)Doctoral thesis, comprehensive summary (Other academic)Alternative title
Avfall eller Resurs – Avfallsrättens Funktion i en Cirkulär Ekonomi (Swedish)
Abstract [en]

Generation of waste is unavoidable. While human use of natural resources, at least initially, is often about refining resources, it typically also involves a reduction in value in the form of, for example, losses of energy or gradual deterioration of physical objects. The use of resources thus contributes to the production of waste. Waste is considered a nuisance and has historically been dealt with in the cheapest, or easiest way possible. Current resource use and consumption rates are, however, often considered unstainable, and according to some estimations humanity is currently consuming about three plantes worth of resources. Circular economy, where generation of waste is minimized, and reutilization of waste is increased, has therefore been proposed as an economic model for the future. One, frequently mentioned, barrier towards circular economy is the legal system. When it comes to new and innovative practices, legal systems often adapt at slow pace. This is also the case for European waste law. Waste is within the European Union (EU) regulated through the 2008 Waste Framework Directive, which is a minimum directive. Waste law is an area where the EU exercises great influence over Member State (MS) policy and MS may not implement laws that provide for a lower level of protection than what EU law mandates. As is often the case in studies related to environmental law, the legal system in focus for this study is EU environmental law, as a large part of the national regulations are either influenced by or derived from EU law as a large share of national provisions are either affected by, or stem from EU law (or both).

The aim of this dissertation is to examine the role of law in relation to both environmental protection in the immediate sense, and reutilization of waste. Previous research has established that waste law can be said to have developed around how waste is defined legally, and that the definition of waste is a cornerstone of the entire corpus of waste law as it determines what can and cannot be controlled by the substantive rules the framework provides. To this end, the dissertation examines the relationship between key terms for the applicability of the WFD, the concepts of waste, by-product and end-of-waste through legal analysis. It builds on previous research by assessing the coherency between these terms. Special attention is paid to under what circumstances a substance or object may transform into a waste and vice versa. The dissertation shows that transformation from non-waste to waste, and waste to non-waste differ. the law sets higher requirements for something to be classified as non-waste than for the object to be classified as waste, as a result of the mandatory, cumulative, conditions that must be fulfilled for end-of-waste and by-products. This means that substances or objects are included in and excluded from the protective governance of waste law on different terms. In this regard, the dissertation suggests that this incoherency can be alleviated by the alignment of the concepts of waste, by-product and end-of-waste.

In addition, the dissertation also examines the regulatory framework for two specific waste streams: legacy waste and sewage sludge. Sewage sludge is, through the Sewage Sludge Directive (SSD), regulated lex specialis. Here, the perceived appropriateness of the regulatory framework is examined through interviews with sector stakeholders. A key finding is that the regulatory framework is perceived to be obsolete by the stakeholders, an opinion that is mirrored in literature, but also that it is possible to enforce stricter requirements than what is called for by the SSD. This highlights a gap between ‘law in books and law in action’. Regarding the recovery of legacy waste, the dissertation shows that, chiefly, the regulatory framework is not designed for recovery of such waste. This result mirrors previous literature showing that the current regulatory framework is not designed for the objectives of circular economy, such as recovery of legacy waste. For instance, specific provisions are missing for both the recovery of mining waste and landfill mining. The regulatory framework can thus, in this regard, be considered as underdeveloped, which means uncertainty for the actors involved.

Place, publisher, year, edition, pages
Luleå: Luleå tekniska universitet, 2024.
Series
Doctoral thesis / Luleå University of Technology 1 jan 1997 → …, ISSN 1402-1544
Keywords [en]
Environmental Law, EU Law, Waste Framework Directive, End-of-Waste, Sewage Sludge, Legacy Waste, Landfill Mining, Mining Waste
National Category
Law and Society Environmental Management
Research subject
Law
Identifiers
URN: urn:nbn:se:ltu:diva-110255ISBN: 978-91-8048-658-3 (print)ISBN: 978-91-8048-659-0 (electronic)OAI: oai:DiVA.org:ltu-110255DiVA, id: diva2:1903603
Public defence
2024-11-29, A109, Luleå University of Technology, Luleå, 10:00 (Swedish)
Opponent
Supervisors
Available from: 2024-10-07 Created: 2024-10-04 Last updated: 2024-10-31Bibliographically approved
List of papers
1. Environmental Law Issues In Connection With Landfill Mining
Open this publication in new window or tab >>Environmental Law Issues In Connection With Landfill Mining
2022 (English)In: Detritus, ISSN 2611-4135, Vol. 18, p. 77-84Article in journal (Refereed) Published
Abstract [en]

In Sweden, landfills are excavated on a relatively modest scale (mainly for the purpose of decontamination, to increase landfill capacity or to free up land for other uses). Lately however, aspirations for excavations aimed at recovering energy and materials have increased and an important goal according to the Mineral Strategy of Sweden is to increase the recycling rate of metals and minerals and reduce the amount of waste. The incidence of certain (critical) metals and minerals, including REE and phosphorus, is moreover assumed to be relatively large in Swedish landfills, and the interest in excavating landfills is therefore expected to increase. The legal situation as regards excavation of landfills in general and of mining waste in particular, is however unclear, not least regarding permit requirement according to the Swedish Environmental Code. Even though landfill recycling may entail numerous negative environmental effects, e.g., acidic and metallic leachate, release of gases, and destabilization of land the regulation of the activity is not clear. The aim of this paper is to describe and problematize the legal situation as regards landfill excavation in Sweden against the backdrop of, on the one hand, a potential increase in the demand for recycled metals and minerals, and on the other hand comprehensive requirements for a non-toxic and healthy environment.

Place, publisher, year, edition, pages
CISA Publisher, 2022
Keywords
Circular economy, Waste law, Enhanced landfill Mining, Landfill excavation
National Category
Environmental Sciences
Research subject
Law
Identifiers
urn:nbn:se:ltu:diva-90492 (URN)10.31025/2611-4135/2022.15160 (DOI)000787846700013 ()2-s2.0-85128411413 (Scopus ID)
Funder
Swedish Research Council, 2018-00194
Note

Validerad;2022;Nivå 2;2022-05-02 (sofila)

Available from: 2022-05-02 Created: 2022-05-02 Last updated: 2024-10-04Bibliographically approved
2. How Cautious Should We Be? The Role Of The Precautionary Principle In The Regulation Of Sewage Sludge In Sweden
Open this publication in new window or tab >>How Cautious Should We Be? The Role Of The Precautionary Principle In The Regulation Of Sewage Sludge In Sweden
2022 (English)In: Detritus – Multidisciplinary Journal for Waste Resources and Residues, ISSN 2611-4135, no 21, p. 105-113Article in journal (Refereed) Published
Abstract [en]

Drawing a line between what constitutes a potentially hazardous waste and what is instead a possible resource is complicated. A case in point is the use of sewage sludge, whose use not least in agriculture, has long been subject of debate. In Sweden, the issue has been investigated for possible legislative changes four times in the past decades. The latest of these investigations propose to introduce either a total or a partial ban on agricultural use of sewage sludge. In this paper, the legality of these proposals is analyzed with particular focus on their compatibility with the precautionary principle and the EU principle of free movement of goods and services, using a traditional legal method. The analysis indicates that a partial ban may well be considered proportionate to the risks that the use entails for human health and the environment, whilst a total ban would likely be found in breach of EU law, despite the scope for Member States to take stricter measures than prescribed by secondary legislation.

Place, publisher, year, edition, pages
Cisa Publisher, 2022
Keywords
EU law, Environmental law, Waste, Principle of proportionality, Commission inquiry
National Category
Law
Research subject
Law
Identifiers
urn:nbn:se:ltu:diva-95030 (URN)10.31025/2611-4135/2022.16227 (DOI)000907627300002 ()2-s2.0-85146245949 (Scopus ID)
Note

Validerad;2023;Nivå 2;2023-04-13 (sofila);

Available from: 2022-12-28 Created: 2022-12-28 Last updated: 2024-10-04Bibliographically approved
3. The End-of-Waste for the Transition to Circular Economy: A Legal Review of the European Union Waste Framework Directive
Open this publication in new window or tab >>The End-of-Waste for the Transition to Circular Economy: A Legal Review of the European Union Waste Framework Directive
2023 (English)In: Environmental Policy and Law, ISSN 0378-777X, E-ISSN 1878-5395, Vol. 53, no 2-3, p. 167-179Article in journal (Refereed) Published
Abstract [en]

The generation of waste is certain and unavoidable. Waste will always exist in some form. It is, however, possible to minimize waste generation and thereby improve virgin resource utilization. Within the European Union, the concept of End of Waste is a legal instrument adopted to facilitate the transition from waste to product, thus by extension facilitate the conditions for a circular economy. In this paper, the implications of the legal definition transforming waste to product, End of Waste, is discussed against the backdrop of waste as a potential resource. Through legal analysis, three primary issues regarding the current formulation of article 6(1) of the Waste Framework Directive (2008/98/EC) are highlighted: (1) the cumulative conditions stated in article 6(1) creating (unnecessary) bottlenecks; (2) the fact that the conditions for End of Waste originally were intended to be operationalized through legislative acts, such as the regulation for iron scrap or glass cullet; and (3) the fact that there is no clear indication of what level of proof the conditions stated in article 6(1) requires and the ambiguity of its application this implies in general. The fact that there must be a specified use as well as a market for a 'waste' to transform into something else implies that the underlying idea of the incorporation of End of Waste loses some of its meaning.

Place, publisher, year, edition, pages
IOS Press, 2023
Keywords
circular economy, Court of Justice, end-of-waste, European Union, Waste Framework Directive
National Category
Public Administration Studies Law and Society
Research subject
Law
Identifiers
urn:nbn:se:ltu:diva-100662 (URN)10.3233/EPL-220064 (DOI)2-s2.0-85167394805 (Scopus ID)
Funder
Swedish Research Council, 2018-00194
Note

Validerad;2023;Nivå 1;2023-08-21 (hanlid)

Available from: 2023-08-21 Created: 2023-08-21 Last updated: 2024-10-04Bibliographically approved
4. Actors' perspectives on barriers to the use of sewage sludge in Sweden
Open this publication in new window or tab >>Actors' perspectives on barriers to the use of sewage sludge in Sweden
2024 (English)In: Water Policy, ISSN 1366-7017, E-ISSN 1996-9759, Vol. 26, no 4, p. 395-409Article in journal (Refereed) Published
Abstract [en]

Land application of sewage sludge has long been subject to concern. Among the reasons for these concerns are, for example, the occurrence of odours and the risk of spreading heavy metals and pathogens, but also a negative perception regarding the use of sludge. In this paper, we focus the actors' perceptions of sewage sludge use and investigate, through a series of interviews with key actors and stakeholders in the sewage sludge management chain, how technology, the regulatory framework or public perception may function as barriers for valuing sewage sludge as a resource. The uncertainty following outdated legislation and constantly changing policies are frequently mentioned as the main barriers to investment in new technologies, which, in the respondents' opinion, creates a deadlock within the sector with no clear path forward. Although all respondents act and argue with a focus on environment and circularity, their overall sludge management strategies, as well as the issues they focus on, differ. Our study indicate that Swedish sludge management is, to a large extent, siloed and there is a clear a need for a more holistic approach that can help actors to target common issues.

Place, publisher, year, edition, pages
Iwa Publishing, 2024
National Category
Environmental Sciences
Research subject
Law
Identifiers
urn:nbn:se:ltu:diva-105005 (URN)10.2166/wp.2024.224 (DOI)001190848800001 ()2-s2.0-85193002788 (Scopus ID)
Funder
Swedish Research Council
Note

Validerad;2024;Nivå 2;2024-05-21 (joosat);

Funder: Swedish Research Council;

Full text license: CC BY;

This article has previously appeared as a manuscript in a thesis.

Available from: 2024-04-08 Created: 2024-04-08 Last updated: 2024-10-30Bibliographically approved
5. Waste as a Resource in the Green Transition: Legal Prerequisites for Secondary Extraction
Open this publication in new window or tab >>Waste as a Resource in the Green Transition: Legal Prerequisites for Secondary Extraction
(English)Manuscript (preprint) (Other academic)
Abstract [en]

Re-utilization of mining waste has the potential to help meet future demand for critical raw materials. However, despite the fact that the processing of extraction waste to recover critical raw materials is of great importance for both the green transition and the implementation of a circular economy, the current recycling rates are low. The regulatory system is often perceived as an obstacle when it comes to the re-utilization of waste, both in general and for extraction waste in particular. In this study, the function of the regulatory framework is in focus, and the legal prerequisites for secondary extraction of extractive waste examined to find out if the regulatory framework can be considered to promote or hinder such activities. The study is based on an analysis of the legal material that governs the management of extraction waste within the EU and Sweden. The method is called the doctrinal approach and involves searching for the solution to a legal problem by interpreting and analyzing generally recognized sources of law to resolve inconsistencies or ambiguities in the law. The study shows that the legal challenges for extractive waste can be considered to mirror those for "traditional" waste but are exacerbated because extractive waste is “dual regulated” through both general rules for waste and the specific rules for extractive waste. This also contributes to uncertainty about who is responsible for coordinating activities related to secondary extraction. These observations are all part of the larger scheme of achieving circularity, for which the legal uncertainties discussed here may prove an obstacle.

National Category
Law
Identifiers
urn:nbn:se:ltu:diva-110254 (URN)
Available from: 2024-10-04 Created: 2024-10-04 Last updated: 2024-10-04
6. The Interface Between Waste and Product – Legal Preconditions for Reutilization of Sewage Sludge
Open this publication in new window or tab >>The Interface Between Waste and Product – Legal Preconditions for Reutilization of Sewage Sludge
(English)Manuscript (preprint) (Other academic)
Abstract [en]

Circular economy poses new challenges for traditional waste management. While there is no uniform definition of what circular economy entails, one frequently mentioned goal is to close the material loop, which requires that waste is utilized as a resource to a higher degree to reduce environmental impacts. Within the European Union, the regulatory framework for waste has the purpose of environmental protection in the broad sense. It can, however, be argued that the regulatory framework poses a barrier for circular economy as it favors environmental protection in the short-term, as strict requirements typically constitute a regulatory burden. In this paper, discrepancies between the regulatory requirements for waste and non-waste is highlighted through legal analysis. Co-incineration of sewage sludge (waste) and straw fuels (non-waste) serves as an example to illustrate these discrepancies. As a substance or object is either regarded as a waste or a non-waste, and due to the lack of clear cessation of waste status prior to incineration, unnecessary barriers for otherwise environmentally beneficial operations are created. This can be argued to constitute a hindrance to proper utilization of resources.

National Category
Law
Research subject
Law
Identifiers
urn:nbn:se:ltu:diva-110246 (URN)
Available from: 2024-10-04 Created: 2024-10-04 Last updated: 2024-10-04

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The full text will be freely available from 2024-11-08 09:00
Available from 2024-11-08 09:00

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