Upper Tribunal Hands Down Landfill Tax Judgment – Devereux Chambers

‘The Upper Tribunal has handed down its decision in Singleton Birch & Anor v HMRC [2025] UKUT 72 (TCC) – the first appellate decision to consider the interpretation of the Landfill Tax (Qualifying Material) Order 2011 (‘QMO’).’

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Devereux Chambers, 11th March 2025

Source: www.devereuxchambers.co.uk

Water firm to pay £40m over ‘serious failures’ – BBC News

‘Yorkshire Water has been ordered to pay £40m to address its “serious failures” over wastewater and sewage.’

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BBC News, 20th March 2025

Source: www.bbc.co.uk

Mums say ‘contaminated land’ legal bid is last resort – BBC News

‘More and more children at Rebecca Stewart’s east London playgroup are using asthma inhalers, she says. It was about one in 40 – but now, she says, it is more like one out of every four.’

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BBC News, 18th March 2025

Source: www.bbc.co.uk

National Farmers’ Union fails in legal challenge over lawfulness of policy in minerals and waste local plan – Local Government Lawyer

‘Herefordshire Council acted lawfully when it used planning policy to try to control agricultural waste, the High Court has found.’

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Local Government Lawyer, 13th March 2025

Source: www.localgovernmentlawyer.co.uk

Chicken manure can be classified as industrial waste, judge rules – The Guardian

‘Industrial poultry farms face tough new regulations around the disposal of chicken manure after a judge ruled it can be classified as waste and requires a detailed and transparent plan to dispose of it without damaging the environment.’

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The Guardian, 11th March 2025

Source: www.theguardian.com

High Court rejects judicial review bid from operator of odorous landfill – Local Government Lawyer

Posted February 7th, 2025 in complaints, environmental health, judicial review, local government, news, waste by sally

‘A landfill operator who sought a judicial review against the Environment Agency’s decision to issue a closure notice for the site has had their application refused by the High Court.’

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Local Government Lawyer, 6th February 2025

Source: www.localgovernmentlawyer.co.uk

Regulators must regulate lawfully: The availability of private law claims and remedies does not oust judicial review – Henderson Chambers

‘In this important recent decision the Supreme Court has found that in respect of an established nuisance, even where there were available to the claimant alternative private law remedies (nuisance and private prosecution) these did not oust an application for judicial review against the public authority in respect of an allegedly unlawful failure to exercise regulatory powers.’

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Henderson Chambers, 5th November 2024

Source: www.hendersonchambers.co.uk

Council decision not to designate illegal landfill ‘contaminated land’ to be challenged in High Court – Local Government Lawyer

‘The High Court has agreed to hear a judicial review challenge of Havering Council’s decision not to allocate an illegal landfill behind pollution issues and wildfires as “contaminated land”.

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Environment Agency issues closure notice for landfill at heart of long-running odours dispute – Local Government Lawyer

Posted November 29th, 2024 in complaints, enforcement, environmental health, local government, news, waste by michael

‘A landfill site that is the subject of a legal challenge from Newcastle Under Lyme Council for emitting odorous gasses has been hit with a closure order from the Environment Agency.’

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Local Government Lawyer, 29th November 2024

Source: www.localgovernmentlawyer.co.uk

Essex car park to be test case for legislation to protect landscapes – The Guardian

‘A commuter car park in Essex is to be one of the first test cases of whether the government will enforce new legislation aimed at protecting national parks and landscapes in England.’

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The Guardian, 31st October 2024

Source: www.theguardian.com

Oil-drilling expansion challenge to go uncontested – BBC News

‘A legal challenge against the expansion of an oil-drilling site in North Lincolnshire is to be uncontested.’

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BBC News, 24th October 2024

Source: www.bbc.co.uk

Ministry issues call for evidence on access to justice and Aarhus Convention – Local Government Lawyer

‘The Ministry of Justice (MoJ) has issued a call for evidence seeking views on options to bring the UK’s policies into compliance with its obligation under the access to justice provision of the Aarhus Convention.’

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Local Government Lawyer, 1st October 2024

Source: www.localgovernmentlawyer.co.uk

Planned water law reform ‘risks delaying environmental action’ – OUT-LAW.com

‘Proposed new legislation described by government as delivering a “significant increase in enforcement powers” against water companies, could delay rather than speed up industry action to address environmental concerns because of the broad way it has been drafted, water industry experts have warned.’

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OUT-LAW.com, 6th September 2024

Source: www.pinsentmasons.com

Court backs government over A38 flyover scheme – BBC News

Posted August 28th, 2024 in consultations, environmental health, news, planning, pollution, roads by sally

‘A judge has thrown out a legal challenge brought by campaigners, which was preventing changes being made to three major road junctions in Derby.’

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BBC News, 28th August 2024

Source: www.bbc.co.uk

Juror swears oath on river in legal first – BBC News

Posted August 2nd, 2024 in environmental health, environmental protection, juries, news, water by michael

‘Paul Powlesland was not far off quoting Shakespeare when he became probably the first juror in history to swear a legal oath on a river.’

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BBC News, 2nd August 2024

Source: www.bbc.co.uk

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