Environmental Law News Update – Six Pump Court

‘In this latest Environmental Law News Update, Charles Morgan, Noémi Byrd and Mark Davies consider a recent case involving the application of Energy National Policy Statements to nationally significant infrastructure projects, developments on legislation to curb sewage overflows and further delays for the Environment Bill.’

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Six Pump Court, 5th February 2021

Source: www.6pumpcourt.co.uk

Okpabi & others v Royal Dutch Shell Plc and another – Blackstone Chambers

‘The Supreme Court has given judgment in a high-profile appeal which raises important issues regarding the proper approach to jurisdictional challenges and the potential liability of parent companies in respect of damage caused by their subsidiaries.’

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Blackstone Chambers, 12th February 2021

Source: www.blackstonechambers.com

New Judgment: Okpabi & Ors v Royal Dutch Shell Plc & Anor [2021] UKSC 3 – UKSC Blog

‘Royal Dutch Shell Plc (‘RDS’) is the parent company of the Shell group of companies, incorporated in the UK. The Shell Petroleum Company of Nigeria Limited (‘SPDC’, the other Respondent) is an exploration and production company incorporated in Nigeria and is a subsidiary of RDS.’

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UKSC Blog, 12th February 2021

Source: ukscblog.com

Air pollution death ruling: What comes next? – BBC News

‘For the first time in the UK – and possibly the world – air pollution has been recognised as a cause of a person’s death. But was the ruling just a one-off? And what does it mean for others?’

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BBC News, 17th December 2020

Source: www.bbc.co.uk

Air pollution a cause in girl’s death, coroner rules in landmark case – The Guardian

Posted December 17th, 2020 in children, environmental health, inquests, news, pollution by tracey

‘A coroner has made legal history by ruling that air pollution was a cause of the death of a nine-year-old girl.’

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The Guardian, 16th December 2020

Source: www.theguardian.com

Landmark inquest to rule if air pollution killed London pupil – The Guardian

‘An inquest is to consider evidence that illegal levels of air pollution caused the death of a nine-year-old girl, in a landmark legal case. A coroner will be asked to rule that toxic levels of nitrogen dioxide, from the South Circular road in south London, led to the acute asthma attack that killed the primary school pupil, Ella Kissi-Debrah. Her mother, Rosamund, a former teacher, has fought for years for an inquiry into the role of air pollution from traffic in Ella’s death.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

International community “will see Halliburton ruling as protecting Bar” – Litigation Futures

‘The Supreme Court’s decision not to remove a QC from an arbitration will reinforce the international perception that members of the English Bar are being protected, a solicitor has claimed.’

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Litigation Futures, 30th November 2020

Source: www.litigationfutures.com

New Judgment: Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal addressing when an arbitrator should make disclosure of circumstances which may give rise to justifiable doubts as to his impartiality.’

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UKSC Blog, 27th November 2020

Source: ukscblog.com

Landmark inquest to rule if air pollution killed London pupil – The Guardian

‘An inquest is to consider evidence that illegal levels of air pollution caused the death of a nine-year-old girl, in a landmark legal case.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

Claimant fails in High Court challenge to grant of planning permission for creation of lake for rafting and canoeing – Local Government Lawyer

Posted October 30th, 2020 in environmental health, local government, news, noise, planning by sally

‘A local resident has lost a High Court case in which he claimed East Suffolk Council should not have given planning permission for the creation of a lake at a children’s adventure centre near his home.’

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Local Government Lawyer, 29th October 2020

Source: www.localgovernmentlawyer.co.uk

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