Quite like a whale – Panopticon

‘As my colleague Robin Hopkins has warned, the decision of the Upper Tribunal in Fish Legal looks like a pretty big beast: sixty pages on whether water companies are public authorities for the purposes of the Environmental Information Regulations, applying the CJEU’s lengthy ruling on the points of principle (for which, see this post by Chris Knight).’

Full story

Panopticon, 24th February 2015

Source: www.panopticonblog.com

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Fracking will be allowed under national parks, UK decides – The Guardian

Posted February 13th, 2015 in bills, energy, environmental protection, news, parks by tracey

‘Amendments to infrastructure bill unpick earlier protections, meaning companies just outside parks will be able to drill horizontally below them.’

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The Guardian, 12th February 2015

Source: www.guardian.co.uk

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Sustainable Shetland (Appellant) v The Scottish Ministers and another (Respondents) (Scotland) – Supreme Court

Sustainable Shetland (Appellant) v The Scottish Ministers and another (Respondents) (Scotland) [2015] UKSC 4 (YouTube)

Supreme Court, 9th February 2015

Source: www.youtube.com/user/UKSupremeCourt

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Landlords to be banned from letting draughtiest homes – The Guardian

Posted February 5th, 2015 in energy, environmental protection, landlord & tenant, news, regulations by sally

‘Landlords will be banned from renting out England and Wales’ draughtiest homes from 2018 in a bid to cut energy bills and carbon emissions. The new regulations are expected to help around a million tenants who are paying as much as £1,000 a year more than the average annual bill of £1,265 because of poorly insulated homes.’

Full story

The Guardian, 5th February 2015

Source: www.guardian.co.uk

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Regina (HS2 Action Alliance Ltd and another) v Secretary of State for Transport and another – WLR Daily

Regina (HS2 Action Alliance Ltd and another) v Secretary of State for Transport and another [2014] EWCA Civ 1578; [2014] WLR (D) 526

‘The “safeguarding directions” issued by the Secretary of State for Transport, exercising statutory powers, for phase 1 of the proposed high speed rail network (“HS2”) linking London to Manchester did not fall within the scope of plans and programmes which set the framework for future development consent of projects within the meaning of articles 2(a) and 3(2) of Parliament and Council Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment.’

WLR Daily, 9th December 2014

Source: www.iclr.co.uk

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Regina (Heath & Hampstead Society) v Mayor, Commonalty and Citizens of the City of London – WLR Daily

Posted December 8th, 2014 in environmental protection, health & safety, judicial review, London, news, water by sally

Regina (Heath & Hampstead Society) v Mayor, Commonalty and Citizens of the City of London [2014] EWHC 3868 (Admin); [2014] WLR (D) 517

‘The purpose of the Reservoirs Act 1975 was not to mitigate the effect of water escape from large raised reservoirs but rather to prevent such escape and to avert the potential danger to persons and property from an escape.’

WLR Daily, 28th November 2014

Source: www.iclr.co.uk

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Judge criticises multi-millionaire tycoon over unpaid fine for illegally felling trees – Daily Telegraph

‘Sir John Thomas, the Lord Chief Justice, says ‘one law for rich and another for poor’ as he tells court penalty imposed on Philip Edward Day should not still be outstanding.’

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Daily Telegraph, 5th December 2014

Source: www.telegraph.co.uk

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Why domestic Aarhus rules are not wide enough to comply with the Convention – UK Human Rights Blog

‘Back to Aarhus and the constant problem we have in the UK making sure that the cost of planning and environmental litigation is not prohibitively expensive.’

Full story

UK Human Rights Blog, 1st December 2014

Source: www.ukhumanrightsblog.com

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South Lakes zoo fined for ‘threatening’ birds’ escape – BBC News

Posted November 20th, 2014 in birds, environmental protection, fines, news by tracey

‘An animal park owner in Cumbria has been fined for allowing a “threatening” bird to escape.’

Full story

BBC News, 20th November 2014

Source: www.bbc.co.uk

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EU court rules UK government must clean up dangerous air pollution – The Guardian

Posted November 20th, 2014 in EC law, environmental protection, news, pollution by tracey

‘The government will be forced to urgently clean up illegal air pollution in British cities following a ruling on Wednesday in the European court of justice. It is likely to see many diesel cars and heavy goods vehicles restricted from city centres within a few years.’

Full story

The Guardian, 19th November 2014

Source: www.guardian.co.uk

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Japanese Knotweed: Asbos for failure to control invasive plants – BBC News

Posted November 19th, 2014 in ASBOs, environmental protection, news, sale of land by sally

‘People who fail to control the spread of invasive non-native plants such as Japanese Knotweed could be fined or receive anti-social behaviour orders (Asbos), the government says.’

Full story

BBC News, 19th November 2014

Source: www.bbc.co.uk

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Private Law Remedies in Environmental Law – Mouse or Lion? – Thirty Nine Essex Street

Posted November 18th, 2014 in environmental protection, human rights, news, nuisance, planning, pollution by sally

‘With statutory regulation covering an ever increasing area in Environmental Law, the question arises as to whether private law remedies have a meaningful role to play in that arena?’

Full story (PDF)

Thirty Nine Essex Street, September 2014

Source: www.39essex.com

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The knotty problem of Fallopia Japonica – Hardwicke Chambers

Posted November 18th, 2014 in environmental protection, misrepresentation, news, nuisance, sale of land, waste by sally

‘Japanese Knotweed (Fallopia Japonica) was originally introduced to the UK in the 1850s as an ornamental plant and animal feed, but it has spread rapidly and estimates now suggest at least one infestation in every 10km2. Knotweed can grow 3 – 4m in a 10 week growing season, and as little as 0.7 grams of rhizome can produce a new plant within only 10 days. The rhizomes can spread to a depth of 3 metres, and 7 metres horizontally. This strong growth and invasive root system can damage concrete foundations, buildings, roads, paving and retaining walls. For good reason, therefore, Knotweed is described by the Environment Agency as “indisputably the UK’s most aggressive, destructive and invasive plant”.’

Full story

Hardwicke Chambers, 10th November 2014

Source: www.hardwicke.co.uk

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Love Thy Neighbour – An update on Neighbourhood plans – No. 5 Chambers

Posted November 17th, 2014 in environmental protection, housing, local government, news, planning by sally

‘Chris Young & James Corbet Burcher recently gave a talk titled ‘Love Thy Neighbour: An update on Neighbourhood plans’ at the No5 Chambers Annual Planning Review in London.’

Full story

No. 5 Chambers, 16th October 2014

Source: www.no5.com

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No binding assurances about badgers, says Court of Appeal – UK Human Rights Blog

‘The Court of Appeal has dismissed an attempt by the Badger Trust to quash Defra’s unwillingness to retain an Independent Expert Panel on future badger culls. The arguments mirrored those before the judge (summarised in my previous post here), and were dismissed for pretty much the same reasons.’

Full story

UK Human Rights Blog, 4th November 2014

Source: www.ukhumanrightsblog.com

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Homeowners who fail to control Japanese knotweed face criminal prosecution under new anti-social behaviour laws – Daily Telegraph

Posted October 27th, 2014 in ASBOs, criminal justice, environmental protection, fines, news, prosecutions by sally

‘Home Office guidance updated this week says people can be fined up to £2,500 for not controlling invasive plant in move designed to tackle problem in residential areas.’

Full story

Daily Telegraph, 25th October 2014

Source: www.telegraph.co.uk

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Lord Neuberger on the Supreme Court: Five key cases from its first five years – The Independent

‘From euthanasia to high-speed rail, the highest in the land has an almost limitless remit.’

Full story

The Independent, 12th October 2014

Source: www.independent.co.uk

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Gamekeeper found guilty of poisoning 10 buzzards and a sparrowhawk – The Guardian

Posted October 2nd, 2014 in animals, environmental protection, guilty pleas, news, pesticides, poisoning by tracey

‘A gamekeeper found with a bag of nine dead buzzards on a pheasant-shooting estate has been found guilty of intentionally killing a protected species in what is England’s worst recorded case of poisoning birds of prey.’

Full story

The Guardian, 2nd October 2014

Source: www.guardian.co.uk

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Badgers’ expectations dashed – UK Human Rights Blog

Posted September 1st, 2014 in animals, environmental health, environmental protection, news, pilot schemes by sally

‘This blog has covered the various twists and turns, both scientific and legal, of Defra’s attempts to reduce bovine TB by culling badgers: see the list of posts below. Today’s decision in the Administrative Court is the most recent.’

Full story

UK Human Rights Blog, 29th August 2014

Source: www.ukhumanrightsblog.com

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Regulating a Green and Pleasant Land – Gresham College

Posted August 28th, 2014 in environmental protection, news, speeches by sally

‘Regulation, always a knotty issue, becomes especially complex in environmental studies. Professor Roberts examines the ways that regulation both aids and hinders environmental protection efforts in Britain.’

Video

Gresham College, 11th August 2014

Source: www.gresham.ac.uk

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