‘No Go’ For Offshore Wind Farm DCO – Simon Randle and Vivienne Sedgley – 4-5 Gray’s Inn Square

Posted February 25th, 2021 in energy, environmental protection, news, offshore installations, planning by sally

‘A local resident has successfully challenged the Secretary of State’s development consent order (“DCO”) for one of the world’s largest offshore wind projects on the grounds that the cumulative landscape and visual impacts of both this Vanguard project and its “sister” Boreas project (for which a DCO decision is expected in April 2021) were not take into account.’

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4-5 Gray's Inn Square, 22nd February 2021

Source: www.4-5.co.uk

Climate change “could transform legal profession” – Legal Futures

‘Helping clients cope with the repercussions of climate change could transform the legal profession, a Law Society report has predicted, as lawyers focus on “proactive risk management advice”, knowledge of numerous legal frameworks and “out-of-the-box thinking”.’

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Legal Futures, 25th February 2021

Source: www.legalfutures.co.uk

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

Legal action begins against climate lawyer in Heathrow expansion row – The Independent

‘Court proceedings have been launched against a climate charity lawyer for leaking a decision to expand Heathrow Airport.’

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The Independent, 18th February 2021

Source: www.independent.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

Court of Appeal hands down ruling on policy for development in Areas of Outstanding Natural Beauty and presumption in favour of sustainable development – Local Government Lawyer

‘The National Planning Policy Framework (NPPF) allows a council to reject a planning application because of an adverse impact on an area of outstanding natural beauty (AONB), the Court of Appeal has ruled.’

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Local Government Lawyer, 4th February 2021

Source: www.localgovernmentlawyer.co.uk

Council secures possession order evicting environmental protesters at development site – Local Government Lawyer

‘A High Court judge has granted the London Borough of Islington a possession order for a development site where protesters are occupying a copse scheduled for destruction.’

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Local Government Lawyer, 2nd February 2021

Source: www.localgovernmentlawyer.co.uk

Judge refuses to halt eviction of HS2 activists from Euston tunnel – The Guardian

‘An emergency application to the high court by environmental protesters to stop HS2 evicting them from a tunnel close to Euston station because of safety concerns has been rejected by a judge.’

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The Guardian, 2nd February 2021

Source: www.theguardian.com

UK plan to build 24,000 homes faces legal challenge – The Guardian

‘A plan to build more than 20,000 homes in rural Oxfordshire, championed by secretary of state for housing Robert Jenrick, is facing a legal challenge from residents who say it is incompatible with the government’s legally binding commitments to tackle the climate emergency.’

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The Guardian, 28th January 2021

Source: www.theguardian.com

The environmental implications of the Brexit deal – UK Human Rights Blog

‘Most UK people’s 2020 Christmas eves were cheered by the news that we had some sort of Brexit deal – here, in all its majesty. Given the deadline for no deal, some deal, however thin, was a good deal better than nothing, with the ill-tempered chaos between the UK and a major trading partner which would have followed from the latter.’

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UK Human Rights Blog, 18th January 2021

Source: ukhumanrightsblog.com

More than 1,000 Extinction Rebellion activists taken to court – The Guardian

‘More than 1,000 people who took part in environmental direct action organised by Extinction Rebellion have been taken to court in what experts say is one of the biggest crackdowns on protest in British legal history.’

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The Guardian, 8th January 2021

Source: www.theguardian.com

Local authority secures compliance with High Court injunction to restore plot of land to open countryside – Local Government Lawyer

‘Buckinghamshire Council last month secured compliance with a High Court injunction to restore land to open countryside.’

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Local Government Lawyer, January 2021

Source: www.localgovernmentlawyer.co.uk

Barrister broke Supreme Court embargo in “act of civil disobedience” – Litigation Futures

‘A barrister broke the embargo on today’s Supreme Court ruling on the Heathrow airport expansion case “as an act of civil disobedience”.’

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Litigation Futures, 16th December 2020

Source: www.litigationfutures.com

Top UK court overturns block on Heathrow’s third runway – The Guardian

Posted December 17th, 2020 in airports, environmental protection, news, planning, Supreme Court by tracey

‘The Supreme Court has overturned a February judgment that a third runway at Heathrow airport was illegal. It means the project can now seek planning permission, but the ultimate completion of the runway remains uncertain.’

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The Guardian, 16th December 2020

Source: www.theguardian.com

Top UK court overturns block on Heathrow’s third runway – The Guardian

Posted December 16th, 2020 in airports, appeals, climate change, environmental protection, news, planning, Supreme Court by tracey

‘The Supreme Court has overturned a February judgment that a third runway at Heathrow airport was illegal. It means the project can now seek planning permission, but the ultimate completion of the runway remains uncertain.’

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The Guardian, 16th December 2020

Source: www.theguardian.com

Construction company hit by £600,000 fine over damage to bat breeding site – Local Government Lawyer

‘A major house builder has been ordered to pay what is understood to be the largest fine ever issued by a court in relation to a wildlife crime. On 8 December at Woolwich Crown Court, Bellway Homes pleaded guilty to the offence between 17 March 2018 and 17 August 2018 of damaging or destroying a breeding site or resting place for bats.’

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Local Government Lawyer, 14th December 2020

Source: www.localgovernmentlawyer.co.uk

Work begins on legal definition of ‘ecocide’ – Law Society’s Gazette

Posted December 1st, 2020 in environmental protection, international courts, international law, news by sally

“‘A panel of leading lawyers has been set up to draft a legal definition of “ecocide” as a potential international crime that could sit alongside war crimes, genocide and crimes against humanity.’

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Law Society's Gazette, 30th November 2020

Source: www.lawgazette.co.uk

Carbon neutrality and the consistory courts – Law & Religion UK

‘The practical issues of reducing GHG emissions were considered in Re St. Mark Mitcham [2020] ECC Swk5, which concerned the replacement of an existing gas fuelled heating system. Mindful of Synod’s commitment, Chancellor Philip Petchey expressed a hope that those who involved in achieving the carbon reduction targets would find the judgment helpful.’

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Law & Religion UK, 24th November 2020

Source: lawandreligionuk.com

Court dismisses challenge to decision granting planning permission for relocation of works at nuclear power station within AONB – No. 5 Chambers

‘The Claimant sought judicial review of the Council’s decision to grant planning permission for replacement facilities in respect of what is known as “Sizewell B” power station, part of the Sizewell power stations in Suffolk, in advance of a decision on whether or not to grant development consent for “Sizewell C”. The site lies within the Suffolk Coast and Heaths AONB and the Suffolk Heritage Coast. The Sizewell Marshes SSSI lies immediately west and north of the site and within the western boundary lies Coronation Wood. The Claimant was Secretary and member of “Together Against Sizewell C”, a group which held concerns as to the sensitive nature of the environment around Sizewell and the impact of the Sizewell C project.’

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No. 5 Chambers, 8th October 2020

Source: www.no5.com