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

Envrionmental Law News Update – Six Pump Court

‘COP 28 is due to begin on Thursday and already it is not without controversy. First leaked documents have, according to the BBC, revealed plans that the United Arab Emirates had as host of the UN climate talks to discuss fossil fuel deals with 15 nations, including commercial opportunities for its state renewable energy company with the UK.’

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Six Pump Court, 30th November 2023

Source: 6pumpcourt.co.uk

Toxic Torts – Law Pod UK

‘Join chemist Professor Roy Harrison and environmental law silk David Hart, for a review of recent personal injury lawsuits where claimants seek damages for exposure to toxic substances. Despite the technical challenges, this litigation is key to environmental protection.’

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Law Pod UK, 18th December 2023

Source: audioboom.com

Biodiversity net gain and planning permission – Local Government Lawyer

‘A refusal of planning permission for a quarry has been quashed over an error on biodiversity net gain. Jenny Wigley KC looks at the lessons from the case.’

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Local Government Lawyer, 1st December 2023

Source: www.localgovernmentlawyer.co.uk

Permitted development and the Habitats Regulations 2017 – Local Government Lawyer

‘Anne Gerzon explains how the Conservation of Habitats and Species Regulations 2017 apply to the deemed grant of planning permission set out in the General Permitted Development Order 2015.’

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Local Government Lawyer, 24th November 2023

Source: www.localgovernmentlawyer.co.uk

Shell to face human rights claims in UK over chronic oil pollution in Niger delta – The Guardian

Posted November 24th, 2023 in damages, energy, environmental health, human rights, news, pollution by tracey

‘Thousands of Nigerian villagers can bring human rights claims against the fossil fuel company Shell over the chronic oil pollution of their water sources and destruction of their way of life, the high court in London has ruled.’

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The Guardian, 23rd November 2023

Source: www.theguardian.com

The Energy Act 2023 – changes to the regulation of radioactive waste disposal – OUT-LAW.com

Posted November 14th, 2023 in energy, environmental health, news, waste by sally

‘Changes to UK law made when the Energy Act 2023 recently entered into force gives organisations operating low-level waste disposal sites in the nuclear sector a new right to seek an exemption to strict liability rules associated with operating nuclear sites.’

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OUT-LAW.com, 13th November 2023

Source: www.pinsentmasons.com

Marine Environmental Law in the UK: Overview of Current and Proposed Steps – Francis Taylor Building

‘The marine environment is important in many ways. It is vital, therefore, that it is protected. This article explores the current policy and targets in relation to the marine environment around England, both in respect of nature protection and recovery, and targets for renewable energy. It then discusses mechanisms to meet these targets and how these will potentially work together.’

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Francis Taylor Building, 25th October 2023

Source: www.ftbchambers.co.uk

River Wye: Judicial review granted over agricultural pollution – BBC News

‘A judge has granted a judicial review into the way the Environment Agency (EA) in England enforces agricultural pollution laws.’

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BBC News, 20th October 2023

Source: www.bbc.co.uk

Warminster delivery driver fined £4,560 for fly-tipping – BBC News

Posted October 13th, 2023 in environmental health, environmental protection, fines, news, waste by tracey

‘A delivery driver has been issued with a £4,560 fine for fly-tipping.’

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BBC News, 13th October 2023

Source: www.bbc.co.uk

ESG for Employers – Kingsley Napley

“Environmental, Social & Governance (ESG) matters are growing in importance for all organisations. Aside from the moral reasons putting these issues high on the agenda, an organisation’s ESG standing/rating can have a huge impact on its performance, as well as its ability to attract and retain talent, investors, customers and clients. ESG matters can also have potential legal and regulatory consequences.”

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Kingsley Napley, 5th October 2023

Source: www.kingsleynapley.co.uk

Targets for reduction in sewage outflow not unlawful, says High Court – UK Human Rights Blog

‘The King (on the application of Wildfish Conservation v Secretary of State for the Environment, Food and Rural Affairs and the Environment Agency (Defendant) and the Water Services Regulation Authority (Interested Parties) [2023] EWHC 2285 (Admin). In 2022, there were over three hundred thousand incidents of overflow into coastal waters, freshwater rivers and estuaries from sewerage works in the UK, following heavy rainfall. The most common cause of the overflows studied was rainwater entering sewers with insufficient capacity.’

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UK Human Rights Blog, 28th September 2023

Source: ukhumanrightsblog.com