Just Stop Oil activists found guilty of conspiring to block M25 traffic – The Guardian

‘Five environmental activists are facing long sentences after they were found guilty of conspiring to block traffic on the M25, after a trial in which the defendants were arrested various times for defying the court.’

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The Guardian, 11th July 2024

Source: www.theguardian.com

Planning authorities must take account of global emissions in approvals for oil and gas fields – Supreme Court – UK Human Rights Blog

Posted July 2nd, 2024 in climate change, local government, news, oil wells, Supreme Court by sally

‘R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents). A detailed summary of the issues and the facts in this case can be found in the Supreme Court’s Press Release. The report below gives a very short account of these followed by a focus on the majority and dissenting judgments. I quote Lord Sales in some detail as the concerns expressed in his dissent will only prevail if Parliament were to legislate for them to do so.’

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UK Human Rights Blog, 1st July 2024

Source: ukhumanrightsblog.com

Climate Change must be counted – 4-5 Gray’s Inn Square

‘Vivienne Sedgley and Simon Randle have put together a detailed analysis of a significant development from the Supreme Court in R (Finch) v Surrey County Council [2024] UKSC 20. This landmark decision mandates that Environmental Impact Assessments (EIAs) must consider not just emissions during oil extraction but also those from the eventual use of the oil as fuel.’

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4-5 Gray’s Inn Square, 25th June 2024

Source: www.4-5.co.uk

Government hit with judicial review after excluding onshore wind from energy policy – Local Government Lawyer

‘The High Court has granted the Good Law Project permission to challenge the Department for Energy Security and Net Zero’s decision to exclude onshore wind from its policy on energy infrastructure.’

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Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

Planning, Environment and Property Newsletter – Summer 2024 Edition – 39 Essex Chambers

‘Welcome to the Summer 2024 edition of the 39 Essex Chambers’ Planning, Environment and Property newsletter. With the general election campaign underway and focusing more on national service than national planning policy frameworks, Paul Stinchcombe KC topically kicks off this edition by considering the grant of planning permission for 721 dwellings in Green Belt land and whether politics really plays that much part in the process.’

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39 Essex Chambers, 10th June 2024

Source: www.39essex.com

Supreme Court decision defines scope of EIA around fossil fuel ’indirect effects’ – OUT-LAW.com

‘When deciding whether to grant planning consent for development, the Environmental Impact Assessment (EIA) should consider the downstream, indirect greenhouse gas emissions effects of the development in some cases, the UK Supreme Court has ruled, demonstrating a significant development for environmental law.’

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OUT-LAW.com, 20th June 2024

Source: www.pinsentmasons.com

Landmark ruling could threaten future UK oil drilling – BBC News

Posted June 20th, 2024 in climate change, local government, news, oil wells, planning, Supreme Court by sally

‘The Supreme Court has ruled a local council should have considered the full climate impact of burning oil from new wells – a landmark decision that could put future UK oil and gas projects in question.’

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BBC News, 20th June 2024

Source: www.bbc.co.uk

Oceans group takes UK government to court over oil and gas licences – The Guardian

‘A marine conservation group has initiated legal action against the UK government, claiming the Conservatives’ decision to issue North Sea oil and gas licences without taking into account their impact on the environment was unlawful.’

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The Guardian, 19th June 2024

Source: www.theguardian.com

FCA’s Anti-Greenwashing Rule Takes Effect: What It Means for Compliance and ESG Accountability – Criminal Law Blog

‘The FCA’s long-awaited anti-greenwashing rule came into force on 31 May 2024. This rule is part of the wider Sustainability Disclosure Requirements regime and reflects the FCA’s strong commitment to ESG and to supporting the Government’s commitment to achieving net zero by 2050.’

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Criminal Law Blog, 14th June 2024

Source: www.kingsleynapley.co.uk

Supreme Court to rule next week on environmental impact assessment and downstream greenhouse gas emissions – Local Government Lawyer

‘The Supreme Court will next week (20 June) hand down its ruling in a landmark case about environmental impact assessments and downstream greenhouse gas emissions.’

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Local Government Lawyer, 13th June 2024

Source: www.localgovernmentlawyer.co.uk

UK climate activists convicted in first trial of new anti-protest laws – The Guardian

‘Three climate activists have been convicted of “interference with key national infrastructure” by marching in the road in west London for 20 minutes, in the new offence’s first test at trial.’

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The Guardian, 15th May 2024

Source: www.theguardian.com

Greenwashing: Where are we now? – Mills & Reeve

‘Organisations are feeling the pressure more than ever to offer sustainable and environmentally conscious products and services to consumers. However, with the push to appear more eco-friendly comes the risk of over-exaggerating or misleading others with statements about green credentials.’

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Mills & Reeve, 16th May 2024

Source: www.mills-reeve.com

Solicitor general to appeal over case of climate activist who held sign on jurors’ rights – The Guardian

Posted May 16th, 2024 in appeals, climate change, contempt of court, juries, news by sally

‘The government’s most senior law officer is to appeal against a decision not to allow a contempt of court action against climate campaigner Trudi Warner for holding a placard on the rights of jurors outside a British court, the Guardian can reveal.’

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The Guardian, 15th May 2024

Source: www.theguardian.com

Environmental Law News Podcast – Six Pump Court

‘In this podcast produced by Lexis PSL, Christopher Badger and Mark Davies look at progress made under the 25 Year Environment Plan, publication of the Green Finance Strategy and more Environment Act 2021 Commencement Regulations.’

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Six Pump Court, 18th April 2024

Source: 6pumpcourt.co.uk

The Pursuit of Corporate Accountability: Climate Change Litigation and the Use of Shareholder Derivative Actions – Cambridge Law Journal

‘ClientTEarth v Shell [2023] EWHC 1897 (Ch) is the first attempt to use the statutory shareholder derivative action (Part 11 Chapter 1 of the Companies Act 2006 (CA 2006)) to hold directors liable for breach of directors’ duties for issues related to climate change. A derivative action can be used by shareholders in limited circumstances to bring an action of recourse on behalf of the company. Derivative actions are typically used to protect minority shareholders. Therefore, its use in ClientEarth v Shell is of interest, especially considering the ongoing discussion on the role and purpose of business in society. Although company law has primarily focused on profits, the more modern view is that companies should exist for profit, public interests and societal goals (See British Academy, Reforming Business for the 21 st Century: A Framework for the Future of the Corporation). The ClientEarth case confirms and clarifies situations in which a claimant may obtain permission to continue a claim; and when an absolute liability may be imposed on directors for a climate change-related breach of director’s duty in shareholder derivative claims. It raises questions around the prospects of success for future claimants due to the difficulty in establishing sufficient legal merit; and the relationship between stage one and stage two of the statutory regime.’

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Cambridge Law Journal, 3rd April 2024

Source: www.cambridge.org

AI and Climate Change – 39 Essex Chambers

‘In this episode Katherine Apps KC speaks with environmental law pioneer Stephen Tromans KC about similarities, differences and lessons which can be learned for AI from the development of environmental, nuclear, chemicals and contaminated land law. They touch on the balance between international and domestic legal toolmaking, the effectiveness, or otherwise, of human rights and the common law and how law can best work in the context of rapidly developing technology and complex market pressures.’

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39 Essex Chambers, 19th April 2024

Source: www.39essex.com

Episode 23 – Construction and The Climate – Whole Life Carbon Assessment – 39 Essex Chambers

Posted April 25th, 2024 in chambers articles, climate change, construction industry, news by sally

‘In this episode, Camilla ter Haar and Ruth Keating are joined by Simon Sturgis. Simon Sturgis is widely recognised as an expert, an innovator and a lateral thinker in delivering a low carbon, resource efficient, built environment. He has led UK thinking and produced industry guidance for the RICS, RIBA, UKGBC, BCO and others which has already changed the way projects are designed and built in the UK.’

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39 Essex Chambers, 19th April 2024

Source: www.39essex.com

Retired UK GP suspended for five months after climate protests – The Guardian

‘A doctor who went to jail after a series of climate protests has been taken off the medical register for five months – and still faces being permanently struck off. The Medical Practitioners Tribunal Service (MPTS) – the disciplinary arm of the General Medical Council (GMC) – suspended Dr Sarah Benn on Tuesday, having found last week that her fitness to practise as a doctor had been impaired by reason of misconduct.’

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The Guardian, 23rd April 2024

Source: www.theguardian.com

Greenwashing enforcement is not going away – Kingsley Napley Criminal Law Blog

‘For many years, companies have been selling or promoting products under claims that they have high ethical, social and governance (ESG) and/or sustainability credentials. In many cases, these claims are accurate and can help in the ongoing efforts to create a more sustainable society. In other cases, however, ESG claims can be overstated or even false – this is greenwashing.’

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Kingsley Napley Criminal Law Blog, 16th April 2024

Source: www.kingsleynapley.co.uk

Human Rights embrace Climate Change – Law Pod UK

Posted April 12th, 2024 in climate change, environmental protection, human rights, news, podcasts by sally

‘Strasbourg Court fashions human rights out of climate change. David Hart KC discusses latest developments with Rosalind English.’

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Law Pod UK, 10th April 2024

Source: audioboom.com