Court of Appeal downplays Aarhus – UK Human Rights Blog

Posted March 5th, 2013 in environmental protection, judicial review, news, planning by sally

“There have been important pronouncements over the years by the Aarhus Compliance Committee (ACC) about whether the UK planning system complies with the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention).”

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UK Human Rights Blog, 4th March 2013

Source: www.ukhumanrightsblog.com

‘Wednesbury’ unreasonableness correct test for screening direction challenges, says Court of Appeal – OUT-LAW.com

“When deciding whether an environmental impact assessment (EIA) screening direction by the Secretary of State (SoS) was lawful, the appropriate test to apply is the Wednesbury unreasonableness test, the Court of Appeal has ruled.”

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OUT-LAW.com, 25th February 2013

Source: www.out-law.com

Sellafield to be prosecuted for sending radioactive waste to wrong disposal site – The Guardian

Posted February 8th, 2013 in environmental protection, news, nuclear waste, prosecutions by sally

“Environment Agency takes nuclear firm to court after waste went to landfill instead of Drigg site.”

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The Guardian, 7th February 2013

Source: www.guardian.co.uk

Britain faces UN tribunal over Chagos Islands marine reserve – The Guardian

“Britain’s colonial-era decision to sever an Indian Ocean archipelago from Mauritius and turn it into a US military base will have to be justified before an international tribunal – a process that could lead to the return of the islands’ exiled inhabitants.”

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The Guardian, 28th January 2013

Source: www.guardian.co.uk

The polluted air that we breathe: Supreme Court to hear case – UK Human Rights Blog

Posted January 16th, 2013 in EC law, environmental protection, news, pollution by sally

“Back in the late spring, it seemed as if ClientEarth’s claim against Defra in respect of air pollution had run into the buffers. It had been refused by the Court of Appeal, in reasons given extempore: see my earlier post before Bailii received the judgment. Not many such refused cases make it to the Supreme Court, but this one has.”

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UK Human Rights Blog, 15th January 2013

Source: www.ukhumanrightsblog.com

Cracking Down on Waste Crime report: greater transparency is needed – Halsbury’s Law Exchange

Posted December 21st, 2012 in environmental protection, news, waste by tracey

“The Environment Agency was established under the Environment Act 1995 and plays a central role in ensuring that environmental laws are complied with. Presently, it is the principal environmental regulatory body in England and Wales, although this will change as from 1 April 2013, when the Natural Resources Body for Wales commences operating. Thereafter, that body will perform the functions previously performed by Environment Agency Wales, the Countryside Council for Wales and the Forestry Commission Wales.”

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Halsbury’s Law exchange, 20th December 2012

Source: www.halsburyslawexchange.co.uk

Major legal battle to stop HS2 set to commence – Daily Telegraph

Posted December 3rd, 2012 in appeals, consultations, environmental protection, judicial review, news, railways by sally

“A major legal battle to stop the Government’s HS2 rail project is to begin in what campaigners think is their best chance of derailing the £32 billion scheme.”

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Daily Telegraph, 1st December 2012

Source: www.telegraph.co.uk

Confusion over JR clampdown – LegalVoice

“Lawyers are baffled by some parts of the government’s outline for judicial review reform, and warn that other parts could ‘endanger compliance with EU law’, writes Elizabeth Davidson.”

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LegalVoice, 29th November 2012

Source: www.legalvoice.org.uk

Environmental and Planning Law Newsletter – Thirty Nine Essex Street

Posted November 14th, 2012 in costs, environmental protection, judicial review, news, planning, tribunals by sally

Environmental and Planning Law Newsletter (PDF)

Thirty Nine Essex Street, November 2012

Source: www.39essex.com

Ash dieback: government faces legal action over slow response – The Guardian

Posted November 5th, 2012 in customs and excise, environmental protection, news, trees by sally

“A plant nursery forced to destroy 50,000 ash trees is suing the government for failing to block imports of the tree sooner.”

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The Guardian, 5th November 2012

Source: www.guardian.co.uk

Challenges to EIA screening directions could undergo judicial review – OUT-LAW.com

Posted October 26th, 2012 in appeals, environmental protection, judicial review, news, planning by tracey

“The Court of Appeal could be asked to carry out a judicial review of a Secretary of State decision on a screening direction for an environmental impact assessment (EIA) and to apply a lower threshold of reasonableness than ‘Wednesbury’ unreasonableness in its assessment.”

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OUT-LAW.com, 24th October 2012

Source: www.out-law.com

UK wildlife crime laws a ‘mess’, MPs say – The Guardian

Posted October 18th, 2012 in animals, environmental protection, legislation, news, reports by sally

“Conservation legislation is undermined as laws are ‘scattered across statutes’, badly in need of consolidation, says report.”

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The Guardian, 18th October 2012

Source: www.guardian.co.uk

First badger cull licence issued – BBC News

Posted September 18th, 2012 in animals, environmental protection, licensing, news by sally

“The first licence allowing farmers in England to shoot badgers in an attempt to reduce cattle TB has been issued.”

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BBC News, 17th September 2012

Source: www.bbc.co.uk

Environmental and Planning Law – Uneasy Bedfellows? – Thirty Nine Essex Street

Posted September 17th, 2012 in environmental protection, news, planning by sally

“This paper sets out to provide an inevitably selective overview of the environmental law and policy developments in recent years and how, if at all, the planning system can contribute to meeting those objectives, or (if bad decisions are taken) detracting from them. This will involve two main strands of discussion, based on the commonly quoted idea that environmental law and policy range from very large matters (‘the stratosphere’) to very local concerns (‘the street corner’).”

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Thirty Nine Essex Street, 15th September 2012

Source: www.39essex.com

Badger cull legal challenge fails at court of appeal – The Guardian

Posted September 12th, 2012 in animals, appeals, environmental protection, judicial review, news by tracey

“Badger Trust fails in attempt to stop two pilot culls aimed at tackling tuberculosis in cattle.”

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The Guardian, 11th September 2012

Source: www.guardian.co.uk

Government to introduce fixed caps on parties’ costs in environmental judicial review proceedings from December – OUT-LAW.com

Posted August 31st, 2012 in costs, environmental protection, judicial review, news by tracey

“The Government plans to introduce a cap on the extent to which the losing party to an environmental challenge will be expected to cover the winning party’s legal costs.”

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OUT-LAW.com, 31st August 2012

Source: www.out-law.com

A tinge of green in our Bill of Rights? – UK Human Rights Blog

Posted August 20th, 2012 in EC law, environmental health, environmental protection, human rights, news by sally

“Amidst the root and branch opposition to socio-economic rights from some quarters, the idea that the Bill of Rights might contain an environmental right seems to have got lost in the smoke of this rather unedifying battle. The July 2012 Consultation on a Bill of Rights summarises the rival contentions well.”

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UK Human Rights Blog, 17th August 2012

Source: www.ukhumanrightsblog.com

A modern legal regime for protecting and managing wildlife – Law Commission

Posted August 14th, 2012 in animals, consultations, environmental protection, news by sally

“In a consultation opening today, the Law Commission is seeking views on how wildlife law should be modernised and simplified.”

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Law Commission, 14th August 2012

Source: www.lawcommission.justice.gov.uk

Related link: Wildlife: a consultation (PDF)

Environmental and Planning Law Newsletter – Thirty Nine Essex Street

Posted August 7th, 2012 in environmental protection, news, planning by sally

Environmental and Planning Law Newsletter (PDF)

Thirty Nine Essex Street, August 2012

Source: www.39essex.com

Five HS2 challenges granted December court hearings – OUT-LAW.com

“Five cases being brought against the Government’s flagship high-speed rail link between London and the Midlands will be heard in December, the High Court has confirmed.”

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OUT-LAW.com, 31st July 2012

Source: www.out-law.com