UK government faces claim over alleged failure to protect people in climate crisis – The Guardian

In December, council officials ordered Kevin Jordan to leave his home, warning him it was at risk of falling into the sea at any moment.

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The Guardian, 23rd July 2024

Source: www.theguardian.com

‘Not acceptable in a democracy’: UN expert condemns lengthy Just Stop Oil sentences – The Guardian

‘The lengthy multi-year sentences handed to Just Stop Oil activists are “not acceptable in a democracy”, a UN special rapporteur has said, as the government faced growing pressure to reverse the previous administration’s “hardline anti-protest” approach.’

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The Guardian, 19th July 2024

Source: www.theguardian.com

Just Stop Oil protesters jailed after M25 blocked – BBC News

‘Five environmental activists who organised protests that brought part of the M25 to a standstill over four days have been jailed.’

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BBC News, 18th July 2024

Source: www.bbc.co.uk

Appropriate assessment and multi-stage consents – Local Government Lawyer

Posted July 18th, 2024 in EC law, environmental protection, news, planning by michael

‘The Court of Appeal has clarified the requirement for appropriate assessment in multi-stage consents. Barristers at Landmark Chambers explain the ruling.’

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Local Government Lawyer, 17th July 2024

Source: www.localgovernmentlawyer.co.uk

Habitats Assessments: It’s not too late and everything is included – 4-5 Gray’s Inn Square

Posted July 17th, 2024 in chambers articles, environmental protection, news, planning, regulations by tracey

‘The Court of Appeal has held that regulation 63 of the Conservation of Habitats and Species Regulations 2017/1012 can require an assessment (i.e. a habitats regulations assessment, “HRA”) to be undertaken at the discharge of conditions stage – even if the outstanding conditions do not themselves concern habitats matters. This is important because it means the discharge of conditions cannot simply ride on the coat-tails of the outline permission.’

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4-5 Gray’s Inn Square , 15th July 2024

Source: www.4-5.co.uk

What restrictions are placed on defendants in climate protest trials? – The Guardian

‘The chaotic scenes inside and outside court at the trial of five people accused of conspiring to block traffic on the M25 in 2022 have highlighted restrictions placed on defendants in a number of climate protest trials that people are seeking to challenge, but risk falling foul of the law as they seek to do so. Here the Guardian explains the basis of the restrictions and why they are so contentious.’

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The Guardian, 11th July 2024

Source: www.theguardian.com

Just Stop Oil activists found guilty of conspiring to block M25 traffic – The Guardian

‘Five environmental activists are facing long sentences after they were found guilty of conspiring to block traffic on the M25, after a trial in which the defendants were arrested various times for defying the court.’

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The Guardian, 11th July 2024

Source: www.theguardian.com

Important Privy Council decision on standing in environmental cases – 39 Essex Chambers

‘The UK privy Council has handed down an important judgement on standing in environmental cases in Eco-Sud v. Minister of Environment, Solid Waste and Climate Change [2024] UKPC 19.’

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39 Essex Chambers, 9th July 2024

Source: www.39essex.com

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

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

Planning, Environment and Property Newsletter – Summer 2024 Edition – 39 Essex Chambers

‘Welcome to the Summer 2024 edition of the 39 Essex Chambers’ Planning, Environment and Property newsletter. With the general election campaign underway and focusing more on national service than national planning policy frameworks, Paul Stinchcombe KC topically kicks off this edition by considering the grant of planning permission for 721 dwellings in Green Belt land and whether politics really plays that much part in the process.’

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39 Essex Chambers, 10th June 2024

Source: www.39essex.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

Welsh Water fined over mystery sewage dumps in River Wye – The Independent

‘A water company fined £90,000 for dumping sewage into a river has been unable to explain two of the spillages.’

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The Independent, 22nd June 2024

Source: www.independent.co.uk

Oceans group takes UK government to court over oil and gas licences – The Guardian

‘A marine conservation group has initiated legal action against the UK government, claiming the Conservatives’ decision to issue North Sea oil and gas licences without taking into account their impact on the environment was unlawful.’

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The Guardian, 19th June 2024

Source: www.theguardian.com

Landowner who cut down protected woodland fined – BBC News

Posted June 17th, 2024 in confiscation, enforcement notices, environmental protection, fines, news, trees by tracey

‘A landowner who benefited from chopping down a protected woodland has been fined £1,500 and handed an £11,280 confiscation order.’

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BBC News, 14th June 2024

Source: www.bbc.co.uk

FCA’s Anti-Greenwashing Rule Takes Effect: What It Means for Compliance and ESG Accountability – Criminal Law Blog

‘The FCA’s long-awaited anti-greenwashing rule came into force on 31 May 2024. This rule is part of the wider Sustainability Disclosure Requirements regime and reflects the FCA’s strong commitment to ESG and to supporting the Government’s commitment to achieving net zero by 2050.’

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Criminal Law Blog, 14th June 2024

Source: www.kingsleynapley.co.uk

Supreme Court to rule next week on environmental impact assessment and downstream greenhouse gas emissions – Local Government Lawyer

‘The Supreme Court will next week (20 June) hand down its ruling in a landmark case about environmental impact assessments and downstream greenhouse gas emissions.’

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Local Government Lawyer, 13th June 2024

Source: www.localgovernmentlawyer.co.uk

High Court Dismisses Agricultural Pollution/ River Wye Judicial Review: R (River Action) v Environment Agency [2024] EWHC 1279 (Admin) – Francis Taylor Building

‘The High Court (Dove J.) has today handed down an important judgment in R (River Action) v Environment Agency [2024] EWHC 1279 (Admin), dismissing a challenge to the Environment Agency’s (‘EA’) policy on the enforcement of the “Farming Rules for Water” (properly ‘the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018’).’

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Francis Taylor Building, 24th May 2024

Source: www.ftbchambers.co.uk

Council asks for permanent injunction to stop protests outside UK oil terminal – The Guardian

‘A council is trying to extend a controversial injunction against “persons unknown” to stop any future protests outside an oil terminal operated by Shell UK.’

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The Guardian, 10th June 2024

Source: www.theguardian.com