Carbon emissions and causation: R (Finch) v Surrey County Council and ors – 4 New Square

‘In this post, 4 New Square Chambers’ Alex Forzani explores the Supreme Court’s decision in R (Finch) v Surrey County Council [2024] UKSC 20 and analyses its implications on the scope of environmental impact assessments. The judgment is likely to have significant implications on the development of, and investment in, new projects in the UK.’

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4 New Square, 2nd July 2024

Source: www.4newsquare.com

Appropriate actions – Local Government Lawyer

Posted July 5th, 2024 in environmental health, local government, news, planning, pollution, Wales, water by michael

‘Annabel Graham Paul looks at a recent judgment that clarifies the approach to carrying out Appropriate Assessments under the Habitats Regulations when considering planning permission.’

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Local Government Lawyer, 5th July 2024

Source: www.localgovernmentlawyer.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

Lake District sewage campaigners launch nuisance complaint in legal first – The Guardian

‘Campaigners fighting to stop sewage discharges into Windermere, the Lake District’s largest lake, have made a statutory nuisance complaint against a water company in the first legal action of its kind.’

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The Guardian, 26th June 2024

Source: www.theguardian.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

Welsh Water fined over mystery sewage dumps in River Wye – The Independent

‘A water company fined £90,000 for dumping sewage into a river has been unable to explain two of the spillages.’

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The Independent, 22nd June 2024

Source: www.independent.co.uk

Nature groups launch legal bid over wildlife loss – BBC News

‘A coalition of more than 80 nature conservation groups is launching a legal bid to force whichever party is in power next month to improve government targets on tackling wildlife decline in England.’

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BBC News, 7th June 2024

Source: www.bbc.co.uk

Pensioner fined for huge pile of scrap metal – BBC News

Posted May 29th, 2024 in environmental health, environmental protection, fines, news, waste by tracey

‘A pensioner has been fined thousands of pounds for illegally storing waste, including scrapped cars, at a site in Somerset.’

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BBC News, 29th May 2024

Source: www.bbc.co.uk

Biodiversity Net Gain: Big Impacts on Small Sites? – No.5 Chambers

‘The UK is one of the world’s most nature-depleted countries. The headline finding in the State of Nature Report 2023 told us that one in six species is at risk of extinction but this alarming figure obscures greater decline within certain taxonomic groups: 21% of plant species, 39% of vertebrates and 11% of fungi and lichens are classified as being at risk of extinction in Great Britain.’

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No.5 Chambers, 18th April 2024

Source: www.no5.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

Brazil Iron: UK court case launched over mining project in Bahia – BBC News

Posted April 24th, 2024 in damages, environmental health, foreign jurisdictions, miners, news by tracey

‘In a small community deep in the remote, lush mountains of Bahia, Brazil, Catarina Oliveira de Silva points down at what used to be a lake. “After the mine started extracting there, waste came down. It fell into the spring. It buried this entire lake. Three metres of silt and ore sludge.” Catarina says dust from this mine covered crops she owned, including coffee bushes and banana trees, until she could not produce them anymore. She and her husband had also taken out a loan in 2015 for a business where people could pay to go angling in the lake. “Our project went down the drain,” she says. Catarina and her family live in a traditional Quilombola community, descendants of Afro-Brazilian slaves whose rights to their land and way of life are protected under Brazilian law.
Now, their fight against a UK-owned mining company is set to move to a top court in London.’

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BBC News, 24th April 2024

Source: www.bbc.co.uk

Environment Agency CARs Under Scrutiny: rights of appeal should generally be available to those aggrieved by these “regulatory decisions” – Francis Taylor Building

‘The common law duty of fairness was, and continues to form, a basis upon which aggrieved parties can challenge regulatory decisions in judicial review. More recently, these standards have been given a legislative footing in the Legislative and Regulatory Reform Act 2006 and the Regulators’ Code, published in April 2014 pursuant to s22 of that Act.’

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Francis Taylor Building, 6th February 2024

Source: www.ftbchambers.co.uk

Mandatory Biodiversity Net Gain (BNG) Explained and Critiqued – Francis Taylor Building

‘This article sets out how the new mandatory Biodiversity Net Gain (BNG) requirements are to function, but also the missed opportunities that remain present in the legislation. Three points will be made: that the 10% BNG minimum is poor, that the scheme allows for the undoing of increased biodiversity and that there is potential for developers to bypass the hierarchy.’

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Francis Taylor Building, 29th February 2024

Source: www.ftbchambers.co.uk

Southern Water fined £330,000 for stream pollution that killed 2,000 fish – The Guardian

‘A water company has been fined £330,000 after raw sewage escaped into a stream in Hampshire for up to 20 hours, killing about 2,000 fish including brown trout.’

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The Guardian, 27th February 2024

Source: www.theguardian.com

Legal challenge over plans to relax sewage laws for housebuilders in England – The Guardian

‘The government is facing a legal challenge over plans to permit housebuilders in England to allow sewage pollution “through the back door”.’

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The Guardian, 13th February 2024

Source: www.theguardian.com

Water bosses in England and Wales face bonus bans for illegal sewage discharges – The Guardian

‘Ministers are to ban bonuses for water company bosses in England and Wales who fail to prevent illegal sewage spills that pollute rivers, lakes and seas.’

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The Guardian, 11th February 2024

Source: www.theguardian.com

Environmental watchdog criticises Government over lack of monitoring and transparency – Local Government Lawyer

‘The Office for Environmental Protection (OEP) has attacked the Government over a lack of transparency in measures to protect the environment.’

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Local Government Lawyer, 25th January 2024

Source: www.localgovernmentlawyer.co.uk

Mother of girl whose death was linked to air pollution sues UK government – The Guardian

‘The mother of a nine-year-old girl who became the first person in the UK to have air pollution cited on their death certificate has launched a high court claim against the government.’

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The Guardian, 25th January 2024

Source: www.theguardian.com

UN expert condemns UK crackdown on environmental protest – The Guardian

‘A severe crackdown on environmental protest in Britain with “draconian” new laws, excessive restrictions on courtroom evidence and the use of civil injunctions is having a chilling impact on fundamental freedoms, the United Nations special rapporteur has said.’

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The Guardian, 23rd January 2024

Source: www.theguardian.com

Sizewell C nuclear plant project upheld by Court of Appeal – BBC News

‘Government approval of the planned Sizewell C nuclear plant was lawful, the Court of Appeal has ruled.’

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BBC News, 20th December 2023

Source: www.bbc.co.uk