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

ULEZ: New pollution charge begins in London – BBC News

‘Drivers of older, more polluting vehicles are being charged to enter the congestion zone area at any time.’

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BBC News, 8th April 2019

Source: www.bbc.co.uk

Judicial review of Heathrow airport third runway decision begins – The Guardian

‘Five judicial reviews challenging the legality of the government’s decision to allow a third runway at Heathrow airport have begun in the high court.’

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The Guardian, 11th March 2019

Source: www.theguardian.com

Knotweed: what should the legislators be doing? – Hardwicke Chambers

Posted February 19th, 2019 in environmental health, environmental protection, housing, inquiries, mortgages, news by sally

‘On 22 January 2019 the House of Commons Science & Technology Committee (“STC”) held an inquiry into “Japanese knotweed and the built environment”. It received written submissions from 27 interested parties, ranging from the Law Society and Royal Horticultural Society to companies specialising in the treatment of non-native invasive species and concerned individuals.’

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Hardwicke Chambers, 11th February 2019

Source: hardwicke.co.uk

Radon: Removing a Killer from the House – Legal Futures

Posted January 23rd, 2019 in environmental health, news by sally

‘Radon is a naturally occurring radioactive gas that can affect properties across the UK, not just in the South West like many imagine. We take a look at what it is, the risks and impacts on buildings and how even if it is discovered, that the property transaction can be stay on track.’

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Legal Futures, 22nd January 2019

Source: www.legalfutures.co.uk

Fitness for Habitation – a thumbnail guide – Nearly Legal

Posted January 7th, 2019 in environmental health, housing, news by sally

‘As of 20 December 2018, we have the Homes (Fitness for Human Habitation) Act 2018.’

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Nearly Legal, 21st December 2018

Source: nearlylegal.co.uk

Environmental Law Podcast – October 2018 – Six Pump Court

‘This short update focuses on October’s key legal developments, which this month include environmental permit breaches for Healthcare Environmental Services Ltd concerning the treatment of clinical waste, classifying, labelling and packaging of chemicals post-Brexit, and the government’s request for guidance from the Committee on Climate Change on how to move to zero emissions of greenhouse gases.’

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Six Pump Court, 26th October 2018

Source: www.6pumpcourt.co.uk

Lord Carnwath at the Justice Human Rights Law Conference 2018, London – Supreme Court

‘Lord Carnwath at the Justice Human Rights Law Conference 2018, London. Human Rights and the Environment.’

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Supreme Court, 10th October 2018

Source: www.supremecourt.uk

NHS waste backlog: Criminal probe over body parts ‘pile up’ – BBC News

Posted October 5th, 2018 in contracting out, environmental health, hospitals, news, waste by tracey

‘A criminal investigation has been launched after a backlog of medical waste including body parts was allowed to build up at six UK disposal sites.’

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BBC News, 5th October 2018

Source: www.bbc.co.uk