Court of Appeal dismisses legal challenge over confiscation orders and costs of removing contaminated waste – Local Government Lawyer

Posted August 28th, 2020 in appeals, confiscation, Crown Court, environmental health, news, notification, waste by sally

‘The Court of Appeal has rejected a case in which two men argued that a Crown Court judge miscalculated confiscation orders made following a prosecution by the Environment Agency.’

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Local Government Lawyer, 27th August 2020

Source: www.localgovernmentlawyer.co.uk

Campaigners lose legal challenge over Lake District 4×4 vehicles – The Guardian

Posted August 24th, 2020 in appeals, environmental health, news, parks, roads by sally

‘Drivers of 4×4 vehicles can continue to use off-road tracks in the Lake District after a judge dismissed a legal challenge from campaigners who argued the vehicles polluted the national park and endangered cyclists and ramblers.’

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The Guardian, 24th August 2020

Source: www.theguardian.com

Environmental Law News Update – Six Pump Court

‘In this latest Environmental Law News Update, Nicholas Ostrowski, Natasha Hausdorff and Mark Davies consider a new consultation on the England Tree Strategy, a progress report from the Committee on Climate Change and the launch of a new National Framework for Water Resources.’

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Six Pump Court, 2nd July 2020

Source: www.6pumpcourt.co.uk

Shell faces UK supreme court case over Niger delta pollution – The Guardian

‘The fossil fuel company Shell must be held accountable for significant and systematic pollution caused by oil extraction in the Niger delta, lawyers will argue in the supreme court.’

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The Guardian, 23rd June 2020

Source: www.theguardian.com

Lords seek to allow gene-editing in UK ‘to produce healthy, hardier crops’ – The Guardian

‘Peers are preparing plans to legalise the gene-editing of crops in England, a move that scientists say would offer the nation a chance to develop and grow hardier, more nutritious varieties. The legislation would also open the door to gene-editing of animals.’

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The Guardian, 14th June 2020

Source: www.theguardian.com

Environmental Law Podcast – Six Pump Court

‘This month the Podcast partners with the UK Environmental Law Association (UKELA), to bring you a COVID-19 special where we hear from environmental regulators on how the pandemic is affecting operations.’

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Six Pump Court, 19th May 2020

Source: www.6pumpcourt.co.uk

Don’t put it in writing! Problems in store for Local Authority Environmental Crime – St Philips Barristers

‘Joint Deputy Head of St Philips Regulatory Team, Ben Mills gives his expert analysis of Walker v Chelmsford City Council [2020] EWHC 635 (Admin) and its consideration of s108 (4) Environment Act 1995.’

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St Philips Barristers, 7th May 2020

Source: st-philips.com

R (Susan Fisher) v Durham County Council [2020] – The Interface Between Statutory Nuisance and Disability Discrimination – Francis Taylor Building

‘In his judgment in R (on the application of Susan Fisher) v. Durham County Council [2020] EWHC [2020] EWHC 1277 (Admin) handed down in the Leeds District Registry on 21 May 2020, Julian Knowles J. has dismissed a challenge brought by Susan Fisher, a woman with a neurological disorder which cases her to make involuntary sounds and noises, including words and phrases, against the decision of my client Durham County Council to serve her with a abatement notice under the Environmental Protection Act 1990 (“EPA 1990”).’

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Francis Taylor Building, 21st May 2020

Source: www.ftbchambers.co.uk

Farmers lose legal challenge to cancellation of Derbyshire badger cull – The Guardian

Farmers have lost a challenge to the government’s cancellation of the badger cull in Derbyshire in a high court ruling that has been welcomed by wildlife groups.

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The Guardian, 13th May 2020

Source: www.theguardian.com

Infrastructure and the Environment – some learning from Heathrow – No. 5 Chambers

‘At present, the contest between need and the environmental effects of expansion of Heathrow has been settled by a virus. The Government advises against all international travel. In the minds of many, and in particular the media, R (oao) Planet B Earth v Secretary of State for Transport [2020] EWCA Civ 214, is a case about climate change and, of course, it is. But it is also a case which yields learning in a host of other areas. This short piece highlights one of them. It is this question: in a technical or scientific case, how closely will the court mark the parties’ homework? Is it ‘tick and flick’ or PhD viva? As always, lawyers have coined their own term – ‘intrusiveness of review’.’

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No. 5 Chambers, 19th March 2020

Source: www.no5.com

Naturalist who wanted to rewild family farm loses 15-year legal battle with his brother, as judge rules he cannot prevent sale – Daily Telegraph

‘A naturalist who wanted to rewild the family farm has lost a 15-year legal battle with his brother after a judge ruled he cannot prevent the sale.’

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Daily Telegraph, 23rd January 2020

Source: www.telegraph.co.uk

Timetable set for new inquest into ‘air quality’ death of child – Local Government Lawyer

‘A new inquest into the death of 9 year-old Ella Kissi-Debrah will be held November or December this year, following the ordering of a new inquest by the high court last year.’

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Local Government Lawyer, 3rd January 2020

Source: www.localgovernmentlawyer.co.uk

Legislating for a new framework – Law Society’s Gazette

Posted November 25th, 2019 in bills, brexit, climate change, environmental health, environmental protection, news by sally

‘On 15 October the Environment Bill was published. The first half of the bill was originally published in December 2018 as the Environmental (Principles and Governance) Bill.’

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Law Society's Gazette, 25th November 2019

Source: www.lawgazette.co.uk

EPA prosecutions and costs – Nearly Legal

‘This was a judicial review of a costs order made by Camberwell Green Magistrates on a settled Environmental Protection Act 1990 s.82 prosecution. The Magistrates had refused to state a case for the consideration of the High Court.’

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Nearly Legal, 31st October 2019

Source: nearlylegal.co.uk

Heathrow expansion violates climate rights of children, say lawyers – The Guardian

‘The multibillion-pound expansion of Heathrow violates the rights of children and future generations, who will face the greatest impact of the climate crisis, lawyers will argue at the court of appeal in London.’

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The Guardian, 17th October 2019

Source: www.theguardian.com

UK Heatwave: What Are Your Rights At Work? – Rights Info

‘With temperatures soaring in the UK, workplaces can become uncomfortable and, some argue, downright dangerous. While some may sit smugly in air-conditioned offices, others are not so lucky. What are your workplace rights when the mercury rises?’

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Rights Info, 24th July 2019

Source: rightsinfo.org

UK accused of ‘silently eroding’ EU pesticide rules in Brexit laws – The Guardian

‘The UK has been accused of “silently eroding” key environmental and human health protections in the Brexit-inspired rush to convert thousands of pages of European Union pesticide policy into British law.’

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The Guardian, 12th June 2019

Source: www.theguardian.com

Councils fail in legal challenge over Heathrow Airport expansion – Local Government Lawyer

‘A Divisional Court has dismissed a legal challenge brought by five councils, the Mayor of London and a number of other claimants over the Secretary of State for Transport’s decision to designate the Airports National Policy Statement (“ANPS”), which sets out that the Government’s preferred location for additional airport capacity in the South East of England is a new runway at Heathrow.’

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Local Government Lawyer, 1st May 2019

Source: www.localgovernmentlawyer.co.uk

Clean air zones: Where will UK drivers pay for polluting? – BBC News

‘Drivers of the most polluting vehicles now have to pay to drive into central London – and soon other towns and cities across the UK will follow suit.’

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BBC News. 12th April 2019

Source: www.bbc.co.uk

New Judgment: Vedanta Resources PLC & Anor v Lungowe & Ors [2019] UKSC 20 – UKSC Blog

‘1826 Zambian citizens issued proceedings against Zambian company KCM and Vedanta (KCM’s ultimate parent company) for personal injury, damage to property and loss of income, amenity and enjoyment of land as a result of pollution and environmental damage caused by discharges of harmful effluent from the Nchanga mine since 2005. Vedanta was served within the jurisdiction, while KCM was served out of the jurisdiction, with permission obtained on a without notice application. In September and October 2015 Vedanta and KCM respectively applied for declarations that the court lacked jurisdiction to try the claims or, alternatively, that it should not exercise such jurisdiction that it might have. Coulson J dismissed those applications. The Court of Appeal upheld the dismissal of those applications.’

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UKSC Blog, 10th April 2019

Source: ukscblog.com