Heathrow 13: Jailing peaceful protesters would be ‘unprecedented’ attack on dissent, judge told – The Independent

‘A judge has been urged not to act on her threat to jail 13 peaceful environmental protesters – as campaigners warn that the British legal system’s long-standing tolerance towards non-violent direct action is under threat.’

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The Independent, 2nd February 2016

Source: www.independent.co.uk

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Bees and Trees – No. 5 Chambers

Posted January 13th, 2016 in EC law, environmental protection, news by sally

‘Neonicitinoids are a group of active ingredients in plant protection products (pesticides). Their use is limited by a Regulation made by the European Commission. There is active debate about their effect on bees.’

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No. 5 Chambers, 11th January 2016

Source: www.no5.com

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Distinctive Properties (Ascot) Ltd v Secretary of State for Communities and Local Government and another – WLR Daily

Posted December 14th, 2015 in appeals, environmental protection, law reports, local government, planning, trees by sally

Distinctive Properties (Ascot) Ltd v Secretary of State for Communities and Local Government and another [2015] EWCA Civ 1250; [2015] WLR (D) 510

‘A landowner who wished to challenge a local planning authority’s tree replacement notice on the grounds that the number of trees which the notice required him to replace was greater than the number of trees which he had removed from the land, bore the burden of proving his case by sufficient evidence.’

WLR Daily, 8th December 2015

Source: www.iclr.co.uk

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Buzzards should not be protected any more than herring gulls and cormorants: High Court – UK Human Rights Blog

Posted November 16th, 2015 in birds, EC law, environmental protection, licensing, news by sally

‘Public opinion regarding raptors and pheasant shoots should not influence the authorisation of buzzard control, the Administrative Court has ruled. Any derogations to the EU protection of wild birds should apply equally across wild avian species, irrespective of their popularity.’

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UK Human Rights Blog, 14th November 2015

Source: www.ukhumanrightsblog.com

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Gamekeeper’s environmental Aarhus claim to shoot buzzards? – UK Human Rights Blog

‘An interesting point arose in this judicial review (for which see Rosalind English’s post here). Could the claimant get the benefit of an order that any costs he might have had to pay were capped at £5,000? The original judge, Thirlwall J, when granting permission, had refused this costs protection. Ouseley J granted it, though, because the claimant won, the order is academic (short of a successful appeal by the defendant). ‘

Full story

UK Human Rights Blog, 14th November 2015

Source: www.ukhumanrightsblog.com

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A modern legal framework for protecting and managing wildlife – Law Commission

Posted November 13th, 2015 in environmental protection, news, reports, statute law revision by tracey

‘In a report published on Tuesday 10 November the Law Commission recommends reforms to modernise and simplify the law regulating wildlife and create a flexible legal framework for the future.’

Full press release

Law Commission, 10th November 2015

Source: www.justice.gov.uk/lawcommission

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Brian May’s request for judicial review into badger cull rejected – BBC News

‘Rock star Brian May’s quest for a judicial review into the legalities of badger culling has failed.’

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BBC News, 26th October 2015

Source: www.bbc.co.uk

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Roseacre Wood fracking row: high court gives go-ahead for judicial review – The Guardian

‘Campaigners in one of the UK’s key fracking battlegrounds have been given the green light to bring a judicial review of Lancashire county council’s decision to allow seismic monitoring equipment at proposed drilling sites.’

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The Guardian, 23rd October 2015

Source: www.guardian.co.uk

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Charging Ahead under the EIR – Panopticon

‘It is difficult to imagine what could possibly have happened yesterday to cause the CJEU’s judgment in Case C-71/14 East Sussex County Council v Information Commissioner (judgment of 6 October 2015) to slip beneath the waves, but for those who spent the day reading, talking and thinking about Safe Harbo(u)rs (presumably something to do with shipping?) East Sussex represents a comforting return to normality, if not mundanity, where the CJEU is asked straightforward questions and it doesn’t quite answer them.’

Full story

Panopticon, 7th October 2015

Source: www.panopticonblog.com

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Climate Change & Rule of Law: Lecture by Philippe Sands QC chaired by Lord Carnwath – Supreme Court

Posted October 6th, 2015 in environmental protection, international law, news, rule of law, speeches by sally

‘In the run up to the climate change negotiations in Paris this December, Professor Philippe Sands QC delivered a public lecture at the UK Supreme Court focusing on the role of international law and judges in addressing legal issues relating to climate change.’

YouTube

Supreme Court, 18th September 2015

Source: www.youtube.com/user/UKSupremeCourt

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UK consults on ‘improvements’ to environmental costs protection rules – OUT-LAW.com

Posted October 1st, 2015 in consultations, costs, EC law, environmental protection, news by sally

‘The UK government has begun a preliminary consultation on changes to the costs protection rules in environmental cases in England and Wales. The Environmental Costs Protection Regime is designed to ensure that it is not “prohibitively expensive” for campaigners and members of the public to challenge the decisions of public bodies. Improvements to the regime are needed to address concerns raised by the European Commission over the UK’s approach to the rules, particularly the fact that they do not take into account challengers’ individual financial circumstances. The Court of Justice of the European Union (CJEU) upheld the Commission’s case in February 2014.’

Full story

OUT-LAW.com, 30th September 2015

Source: www.out-law.com

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Judge rejects bid for JR over impact of regeneration scheme on bats – Local Government Lawyer

Posted September 29th, 2015 in animals, environmental protection, local government, news, planning by sally

‘A High Court judge has refused to grant permission for a judicial review challenge ­to the grant of planning permission for a major regeneration project over its impact on bats.’

Full story

Local Government Lawyer, 25th September 2015

Source: www.localgovernmentlawyer.co.uk

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Climate Change & the Rule of Law – Supreme Court

Posted September 22nd, 2015 in environmental protection, news, rule of law by sally

‘Some of the world’s leading judges, lawyers and legal academics met in London last week (17-19 September) for a special three-day symposium on climate change and adjudication, hosted by the Dickson Poon School of Law at King’s College London, with the support of The UK Supreme Court, HM Government, the Journal of Environmental Law, the Asian Development Bank and the United Nations Environment Programme.’
Full story

Supreme Court, 21st September 2015

Source: www.supremecourt.uk

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MoJ consults on costs protection in environmental litigation – Litigation Futures

Posted September 22nd, 2015 in consultations, costs, EC law, environmental protection, news by sally

‘The government has launched a consultation on steps to bring the UK into line with recent judgments of the European Court of Justice on costs protection for certain environmental challenges.’

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Litigation Futures, 21st September 2015

Source: www.litigationfutures.com

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Planning, Environment and Property Newsletter – 39 Essex Chambers

Posted September 4th, 2015 in compulsory purchase, energy, environmental protection, housing, news, planning by sally

Planning, Environment and Property Newsletter (PDF)

39 Essex Chambers, July 2015

Source: www.39essex.com

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Inspector misinterpreted policy allowing “reasonable expansion” of business in midlands green belt, High Court rules – OUT-LAW.com

Posted August 14th, 2015 in environmental protection, interpretation, local government, news, planning by tracey

‘A planning inspector was wrong to stop a UK company from expanding its premises into the green belt, the High Court in the UK has said.’

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OUT-LAW.com, 11th August 2015

Source: www.out-law.com

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Regina (Champion) v North Norfolk District Council and another – WLR Daily

Regina (Champion) v North Norfolk District Council and another [2015] UKSC 52; [2015] WLR (D) 333

‘The formal procedures prescribed in the Environmental Impact Assessment (“EIA”) legislation, including screening, preparation of an environmental statement and mandatory public consultation, had no counterpart in the habitats legislation. The decision whether an EIA was required had to be taken early in the planning process, although a negative decision might be reviewed subsequently. Mitigation measures might properly be considered at the screening stage and, where appropriate, included in the environmental statement.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

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Supreme Court refuses relief despite legal defect before planning permission – Local Government Lawyer

Posted July 27th, 2015 in EC law, environmental protection, local government, news, planning by sally

‘The Supreme Council has refused to grant relief despite finding a legal defect in the procedure prior to a district council’s grant of planning permission for a development, in a key case relating to appropriate assessments, EIA assessments and mitigation measures.’

Full story

Local Government Lawyer, 22nd July 2015

Source: www.localgovernmentlawyer.co.uk

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Off the scale: Sentencing very large companies for environmental crimes – Henderson Chambers

Posted July 27th, 2015 in environmental protection, news, pollution, sentencing, water companies by sally

‘Earlier this month judgment was handed down by the Court of Appeal in R v Thames Water Utilities Ltd [2015] EWCA Crim 960, examining what should be done when a corporate offender’s turnover is so large that it falls outside the scale set down in the sentencing guidelines. This is the first case of its kind to come before the Court of Appeal since publication of the Definitive Guideline for Environmental Offences by the Sentencing Council in July 2014. Rejecting Thames Water’s appeal against a £250,000 fine, the court said that fines levied against very large companies “had to bring home the appropriate message to the directors and shareholders of the company” and could go as high as 100% of pre-tax profits. ‘

Full story

Henderson Chambers, June 2015

Source: www.hendersonchambers.co.uk

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Council was entitled to refuse disclosure of planning documents, tribunal rules – OUT-LAW.com

‘The First-Tier Tribunal has dismissed an appeal and held that following a freedom of information request Aylesbury Vale District Council was entitled to refuse disclosure of correspondence between its solicitor and the planning department.’

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OUT-LAW.com, 9th July 2015

Source: www.out-law.com

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