Modernising wildlife law – Law Commission
“The Law Commission has today [15 October] set out its proposed principles for a new regulatory regime for wildlife.”
Law Commission, 15th October 2013
Source: www.lawcommission.justice.gov.uk
Category: environmental protection
Aarhus, A-G Kokott’s opinion, and the PCO reciprocal cap – UK Human Rights Blog
“Forgive me for returning to this case, but it raises all sorts of questions. On the face of it, it concerns 2 specific environmental directives, but it has implications for costs generally in environmental cases.”
UK Human Rights Blog, 15th October 2013
Source: www.ukhumanrightsblog.com
First council-promoted Planning Act 2008 scheme survives judicial review – Local Government Lawyer
“A High Court judge has dismissed a judicial review challenge to the first scheme to be promoted by a local authority under the infrastructure planning and consenting regime contained in the Planning Act 2008.”
Local Government Lawyer, 4th October 2013
Source: www.localgovernmentlawyer.co.uk
Aarhus, the A-G, and why the rules on interim remedies need to change – UK Human Rights Blog
“I did an initial post here summarising this opinion from the A-G to the CJEU saying that the UK was in breach of two EU Directives about environmental assessment and pollution control – the breaches concerned our system for litigation costs. It struck me that there was a lot in the opinion, and after some re-reads, I continue to think so. So I will deal in this post with one aspect, namely the finding that the UK is in breach, in requiring an undertaking as to damages by the claimant to back up the claimant’s interim injunction – in the jargon, a cross-undertaking.”
UK Human Rights Blog, 27th September 2013
Source: www.ukhumanrightsblog.com
Judge quashes “exclusive” golf course decision- and why we need judicial review – UK Human Rights Blog
“This is a successful judicial review of the grant of planning permission to a proposed new golf club in leafy Surrey – where one central issue was whether, in planning policy terms, there was a ‘need’ for the club. The local planning officers had advised the council against the proposal, but the members voted in favour of it (just), hence this challenge. It succeeded on grounds including perversity, which is pretty rare, especially in the planning context, but, when one looks at the judgment, you can readily see why the judge concluded as he did. ”
UK Human Rights Blog, 24th September 2013
Source: www.ukhumanrightsblog.com
Regina (Cherkley Campaign Ltd) v Mole Valley District Council – WLR Daily
“A direction given by the Secretary of State pursuant to paragraph 1(3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004 saving specified policies had the effect of also preserving supporting text including the reasoned justification for each policy and descriptive or explanatory material.”
WLR Daily, 22nd August 2013
Source: www.iclr.co.uk
Exclusive: UN ruling puts future of UK wind farms in jeopardy – The Independent
“Plans for future wind farms in Britain could be in jeopardy after a United Nations legal tribunal ruled that the UK Government acted illegally by denying the public decision-making powers over their approval and the ‘necessary information’ over their benefits or adverse effects.”
The Independent, 27th August 2013
Source: www.independent.co.uk
Landmark planning judgment holes golf course plan – Law Society’s Gazette
“Green-belt campaigners have successfully challenged a scheme to turn the former home of press baron Lord Beaverbrook into a hotel and golf course, with a judgment that ‘engages the fundamentals of planning law’.”
Law Society’s Gazette, 22nd August 2013
Surce: www.lawgazette.co.uk
Judge blocks attempts to open luxury golf course on Green Belt land in Surrey – The Independent
“A High Court judge has quashed planning permission for a golf course that had been marked for an ecologically sensitive Green Belt location despite there already being nearly 200 courses within 20 miles of the site.”
The Independent, 22nd August 2013
Source: www.independent.co.uk
Court proceedings might not be the best way to deal with fracking protests, says expert – OUT-LAW.com
“Taking court action to remove protestors from the Sussex site where energy firm Cuadrilla is carrying out exploratory drilling linked to shale gas deposits in the area may not be the most effective course of action, an expert has said.”
OUT-LAW.com, 20th August 2013
Source: www.out-law.com
Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina (HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same – WLR Daily
“The Government’s proposed strategy for the promotion, construction and operation of a new high speed rail network, as set out in a command paper and followed after consultation by an announcement of decisions and next steps, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) so as to necessitate an environmental assessment within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC).”
WLR Daily, 24th July 2013
Source: www.iclr.co.uk
Wind farm ban ruled out by ministers – Daily Telegraph
“Councils must not impose blanket bans on wind farms being built near houses, ministers have ruled, weeks after promising to stop the spread of unwanted turbines across the country.”
Daily Telegraph, 29th July 2013
Source: www.telegraph.co.uk
Expert highlights “worrying approach” in Justice Committee’s report on sentencing of environmental offenders – OUT-LAW.com
“It is ‘worrying’ that a Justice Committee report suggests treating companies whose actions risk harm to the environment in the same way as those who cause actual harm, an expert has said.”
OUT-LAW.com, 25th July 2013
Source: www.out-law.com
HS2 challenges fail but powerful dissent – UK Human Rights Blog
“HS2 is the proposed high speed rail link to Birmingham and beyond. Its opponents sought to challenge the decision to promote it by way of a hybrid Bill in Parliament, saying that the process as a whole breached the various EU rules, including the need for Strategic Environmental Assessment under the Strategic Environmental Assessment Directive 2001/42/EC and the Environmental Impact Assessment Directive 2011/92/EU.”
UK Human Rights Blog, 26th July 2013
Source: www.ukhumanrightsblog.com
HS2 challenge rejected by Court of Appeal – BBC News
“The latest legal challenge to the HS2 high-speed rail project has been rejected by the Court of Appeal.”
BBC News, 24th July 2013
Source: www.bbc.co.uk
Deutsche Umwelthilfe eV v Federal Republic of Germany – WLR Daily
Deutsche Umwelthilfe eV v Federal Republic of Germany: (Case C-515/11); [2013] WLR (D) 291
“Pursuant to the first sentence of the second subparagraph of article 2(2) of Parliament and Council Directive 2003/4/EC of 28 January 2003 on public access to environmental information, the option given to member states by that provision of not regarding ‘bodies or institutions acting in a … legislative capacity’ as public authorities, required to allow access to the environmental information which they held, could not be applied to ministries when they prepared and adopted normative regulations which were of a lower rank than a law.”
WLR Daily 18th July 2013
Source: www.iclr.co.uk
Pickles faces legal challenge over Tesco in ‘Portas Pilot’ Margate – Daily Telegraph
“Communities minister Eric Pickles is facing a legal challenge over his decision
to allow Tesco to build a huge superstore in ‘Portas Pilot’ Margate.”
Daily Telegraph, 20th June 2013
Source: www.telegraph.co.uk
Infrastructure Cost Review highlights important new efficiency initiatives, says expert – OUT-LAW.com
“A Government-backed efficiency report seeks to answer some of the criticisms of national infrastructure policy, while highlighting some important new initiatives, an expert has said.”
OUT-LAW.com, 18th June 2013
Source: www.out-law.com
The Chagossian Wikileaks cable judgment, fishing rights and a dose of EU law – UK Human Rights Blog
“The Divisional Court has now dismissed the claim by Mr Bancoult on behalf of the Chagossian islanders. He had challenged the designation of the waters around the islands as a ‘no take’ Marine Protected Area, i.e. one which could not be fished.”
UK Human Rights Blog, 11th June 2013
Source: www.ukhumanrightsblog.com
