Regina (Morge) v Hampshire County Council – WLR Daily

Regina (Morge) v Hampshire County Council [2010] EWCA Civ 608; [2010] WLR (D) 145

“A planning authority considering a development ostensibly affecting the species or habitat of a European Protected Species covered by the Habitats Directive was to have due regard to the requirements of the Directive, which could involve questions as to indirect, as well as direct, impact upon the species, and also deterioration or destruction of their breeding or resting place.”

WLR Daily, 11th June 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v W and others – WLR Daily

Posted May 20th, 2010 in appeals, environmental protection, law reports, waste by sally

Regina v W and others [2010] EWCA Crim 927; [2010] WLR (D) 125

“Where a person was accused of permitting the deposit, disposing or keeping of controlled waste, contrary to s 33 of the Control of Pollution Act 1990, the question whether the material in question amounted to ‘waste’, and if so, ‘controlled waste’, was a question of fact for the jury, as was the question of whether material which was originally waste had been acceptably recovered or disposed of in accordance with the aims of Parliament and Council Directive 2006/12/EC and therefore no longer constituted waste. The recipient’s intention to re-use waste material did not alter its status as waste, although actual re-use, if in accordance with the aims of the Directive, could.”

WLR Daily, 18th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Millionaire wins battle to build eco home on own island – The Independent

Posted April 29th, 2010 in appeals, environmental protection, housing, news, planning by sally

“A millionaire has won a fight with planners to build a luxury eco-home on his own south coast island.”

Full story

The Independent, 29th April 2010

Source: www.independent.co.uk

Flood and Water Management Act 2010

Posted April 12th, 2010 in environmental protection, legislation, water by sally

Flood and Water Management Act 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Government to continue climate change ads despite criticism from watchdog – The Guardian

Posted March 17th, 2010 in advertising, climate change, complaints, environmental protection, news by sally

“Department stands by climate change campaign as ASA bans press adverts that ‘should have been phrased more tentatively’.”

Full story

The Guardian, 17th March 2010

Source: www.guardian.co.uk

Treasury faces legal bid over RBS handout – BBC News

Posted February 3rd, 2010 in banking, environmental protection, human rights, judicial review, news by sally

“Environment and human rights campaigners are suing the Treasury over its injection of capital into the Royal Bank of Scotland last year.”

Full story

BBC News, 3rd February 2010

Source: www.bbc.co.uk

Battery-recycling law in force – The Independent

Posted February 2nd, 2010 in environmental protection, news, waste by sally

“Shoppers will be able to recycle old batteries in thousands of shops across the country from today as part of a crackdown on the throwaway society.”

Full story

The Independent, 1st February 2010

Source: www.independent.co.uk

Marine Bill enters final stages – BBC News

Posted November 12th, 2009 in environmental protection, news by sally

“The Marine and Coastal Access Bill, which will establish a series of marine conservation zones around England and Wales, is set to finally become law.”

Full story

BBC News, 11th November 2009

Source: www.bbc.co.uk

Climate change believer takes firm to tribunal – The Guardian

“A man who claims he was unfairly dismissed from his job because he believes in climate change is attempting to have his environmental views recognised under religious law.”

Full story

The Guardian, 7th October 2009

Source: www.guardian.co.uk

Treasury faces legal action over ‘dirty’ banking investments – The Guardian

Posted July 1st, 2009 in banking, environmental protection, nationalisation, news by sally

“Campaign groups say bank bailout breaches government’s own policies on reducing carbon emissions by lending money to coal, oil and gas companies.”

Full story

The Guardian, 1st July 2009

Source: www.guardian.co.uk

Mass arrests over power station protest raise civil liberties concerns – The Guardian

Posted April 14th, 2009 in demonstrations, environmental protection, news, trespass by sally

“Police have carried out what is thought to be the biggest pre-emptive raid on environmental campaigners in British history, arresting 114 people believed to be planning direct action at a coal-fired power station.”

Full story

The Guardian, 14th April 2009

Source: www.guardian.co.uk

Office of Communications v Information Comr – WLR Daily

Office of Communications v Information Comr; [2009] WLR (D) 71

When balancing the public interest in maintaining an exception to disclosure of environmental information against the public interest in its disclosure the correct test was to consider whether the aggregate public interest in maintaining the exception outweighed the public interest in disclosure. A benefit arising from unlawful use of disclosed information could be taken into account as an aspect of the public interest in disclosure.”

WLR Daily, 27th February 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

 

Office of Communications v Information Commissioner – Times Law Reports

Office of Communications v Information Commissioner”>Office of Communications v Information Commissioner

Court of Appeal

“Beneficial consequences flowing from the unlawful use of disclosed information could be taken into account when balancing the public interest in disclosure of environmental information against the statutory exemption from disclosure.”

The Times, 27th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

Legal fight against airport plans – BBC News

Posted February 25th, 2009 in airports, environmental protection, news, planning by sally

“Plans for an expansion of Stansted Airport in Essex which were given the go-ahead by the government are facing a High Court challenge.”

Full story

BBC News, 24th February 2009

Source: www.bbc.co.uk

Commune de Sausheim v Azelvandre – WLR Daily

Posted February 23rd, 2009 in EC law, environmental protection, freedom of information, law reports by sally

Commune de Sausheim v Azelvandre (Case C-552/07); [2009] WLR (D) 64

“The national authorities could not rely on the protection of public order or other interests in order to oppose the disclosure of information on the location of the release of GMOs into the environment.
The Fourth Chamber of the Court of Justice of the European Community so ruled, inter alia, on a reference for a preliminary ruling by the Conseil d’État, France. Art 6 of Directive 2001/18 provides for a standard authorisation procedure for the deliberate release of GMOs into the environment. Art 25(4) provides: ‘In no case may the following information when submitted according to [art 6] be kept confidential:— … location of release …'”

WLR Daily, 20th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Biofuels ad banned by ASA after George Monbiot complaint – The Guardian

Posted January 15th, 2009 in advertising, environmental protection, news by sally

“A  complaint to the advertising watchdog by Guardian columnist and environmental campaigner George Monbiot has caused a national press ad claiming biofuels offer a sustainable alternative to oil to be banned.”

Full story

The Guardian, 15th January 2009

Source: www.guardian.co.uk

Science paves way for climate lawsuits – The Guardian

Posted December 9th, 2008 in climate change, energy, environmental protection, news by sally

“People affected by worsening storms, heatwaves and floods could soon be able to sue the oil and power companies they blame for global warming, a leading climate expert has said.”

Full story

The Guardian, 9th December 2008

Source: www.guardian.co.uk

Coastal campaigner wins legal battle to save clifftop property – The Guardian

“A 77-year-old retired engineer from Suffolk, known locally as King Canute, yesterday won a two-year high court battle to save his ancestral home from the advancing North Sea.”

Full story

The Guardian, 6th December 2008

Source: www.guardian.co.uk

Botched biofuel legislation stalls climate change initiative – The Guardian

Posted December 8th, 2008 in climate change, energy, environmental protection, news by sally

“The government has blown a hole in its climate change plans by misdrafting a key piece of legislation covering the introduction of ‘green’ fuel for motorists. The Department for Transport admitted last night that there was an ‘error’ in the law governing the Renewable Transport Fuels Obligation (RTFO) and it was going to have to put it right.”

Full story

The Guardian, 8th December 2008

Source: www.guardian.co.uk

Climate Change Act 2008

Posted December 3rd, 2008 in climate change, environmental protection, legislation by sally

Climate Change Act 2008 published

Full text of Act

Source: www.opsi.gov.uk