Regina v Jones and another – WLR Daily

Posted August 4th, 2011 in appeals, environmental protection, law reports, waste by sally

Regina v Jones and another [2011] WLR (D) 270

“When a person deposited material on land the question whether the material constituted ‘waste’ for the purposes of section 33 of the Environmental Protection Act 1990 depended on that person’s conduct immediately prior to depositing the material and the landowner’s purpose in receiving it.”

WLR Daily, 27th August 2011

Source: www.iclr.co.uk

New planning laws threaten green belt – Daily Telegraph

Posted July 26th, 2011 in consultations, environmental protection, news, planning by sally

“The biggest shake up in the planning system for 50 years will allow sprawling out of town developments on the green belt, campaigners have warned.”

Full story

Daily Telegraph, 26th July 2011

Source: www.telegraph.co.uk

Ex Cotswold Water Park Society boss jailed for fraud – BBC News

Posted July 13th, 2011 in environmental protection, fraud, news, sentencing by sally

“The chief executive of a water park society has been jailed after admitting fraud totalling more than £660,000.”

Full story

BBC News, 13th July 2011

Source: www.bbc.co.uk

Bund für Umwelt und Naturschutz Deutschland, Landesverband Nordrhein Westfalen eV v Bezirksregierung Arnsberg, Trianel Kohlekraftwerk Lünen GmbH & Co KG, intervening – WLR Daily

Bund für Umwelt und Naturschutz Deutschland, Landesverband Nordrhein Westfalen eV v Bezirksregierung Arnsberg, Trianel Kohlekraftwerk Lünen GmbH & Co KG, intervening (Case C-115/09);  [2011] WLR (D)  160

“A member state was precluded under article 10a of Directive 85/337/EEC from withholding, from a non-governmental organisation promoting environmental protection, the right to rely before a national court on the infringement of a rule flowing from the environmental law of the European Union on the ground that that rule only protected the interests of the general public and not the interests of individuals. Such a non-governmental organisation could derive from article 10a the right to rely, before the courts, on the infringement of rules of national law flowing from Council Directive 92/43/EC even where national law did not permit this.”

WLR Daily, 12th May 2011

Source: www.iclr.co.uk

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

Environmental campaigners angry as green laws labelled as red tape – The Guardian

Posted April 18th, 2011 in consultations, environmental protection, legislation, news by sally

“Environmental campaigners have condemned the coalition’s inclusion of all of Britain’s 278 environmental laws in a list of ‘red tape’ regulations considered by the public for the axe.”

Full story

The Guardian, 17th April 2011

Source: www.guardian.co.uk

Republic of Latvia (supported by Republic of Lithuania and Slovak Republic intervening) v European Commission (supported by United Kingdom intervening) – WLR Daily

Republic of Latvia (supported by Republic of Lithuania and Slovak Republic intervening) v European Commission (supported by United Kingdom intervening) (Case T-369/07);  [2011] WLR (D)  101

“The three-month time limit under article 9(3) of Directive 2003/87/EC during which the Commission might reject a member state’s plan stating the total quantity of greenhouse gas emission allowance that it intended to allocate, started to run from the initial notification and subsequent notifications of different versions of the plan, so that each notification triggered a new three-month time-limit.”

WLR Daily, 22nd March 2011

Source: www.iclr.co.uk

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

Lesoochranárske zoskupenie VLK v Ministerstvo životného prostredia Slovenskej republiky – WLR Daily

Posted March 14th, 2011 in EC law, environmental protection, jurisdiction, law reports, treaties by sally
“Article 9(3) of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (‘the Aarhus Convention’) did not have direct effect in European Union law.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Polytunnels could become widespread after court ruling – Daily Telegraph

Posted January 27th, 2011 in areas of outstanding natural beauty, environmental protection, news by sally

“Polytunnels could become widespread in the English countryside after the Court of Appeal allowed their use in an area of outstanding natural beauty, conservationists fear.”

Full story

Daily Telegraph, 27th January 2011

Source: www.telegraph.co.uk

Residents lose ‘fight the flights’ court battle – The Independent

Posted January 20th, 2011 in airports, environmental protection, judicial review, local government, news, noise by sally

“Local residents have lost their High Court battle to block an ‘extremely large’ increase in the number of flights proposed for London City Airport.”

Full story

The Independent, 20th January 2011

Source: www.independent.co.uk

Regina (Morge) v Hampshire County Council – WLR Daily

Posted January 20th, 2011 in animals, EC law, environmental protection, law reports, planning by sally

Regina (Morge) v Hampshire County Council [2011] UKSC; [2011] WLR (D) 5

“A local planning authority, when considering an application for planning permission for a development which was alleged to affect the habitat of a protected species, was entitled to place reliance on the fact that Natural England, the body responsible for enforcing the Council Directive prohibiting the disturbance of protected species, had withdrawn its initial objection to the application. When Natural England had expressed its satisfaction that development would be compliant with the Directive, the planning authority was entitled to presume that that was so.”

WLR Daily, 19th January 2011

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.

Ratcliffe coal protesters spared jail sentences – The Guardian

Posted January 6th, 2011 in demonstrations, environmental protection, news, sentencing, trespass by sally

“Environmental activists who planned to shut down a coal-fired power station near Nottingham were spared jail today after a judge declared they acted with ‘the highest possible motives’.”

Full story

The Guardian, 5th January 2011

Source: www.guardian.co.uk

Regina (Edwards and another) v Environment Agency and others – WLR Daily

Posted December 16th, 2010 in costs, environmental protection, law reports, protective costs orders by sally

Regina (Edwards and another) v Environment Agency and others [2010] UKSC 57; [2011] WLR (D) 327

“The function of costs officers was to carry out detailed assessments of costs, subject to any directions that might be given to them by the court. Decisions as to whether the receiving party should receive less than 100% of the assessed costs were reserved to the court.”

WLR Daily, 15th December 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.

Polluting plant nursery in Norfolk is fined – BBC News

Posted November 19th, 2010 in environmental protection, fines, news, pollution by sally

“A plant nursery has has been fined £10,000 after polluting five miles of a stream in Norfolk.”

Full story

BBC News, 18th November 2010

Source: www.bbc.co.uk

High Court action over London City Airport expansion – BBC News

Posted November 18th, 2010 in airports, environmental protection, local government, news by sally

“A group of residents from east London are taking a council to court over a decision to allow 50% more flights a year from London City Airport.”

Full story

BBC News, 18th November 2010

Source: www.bbc.co.uk

Greenpeace makes legal bid to stop UK offshore drilling – The Independent

Posted November 12th, 2010 in environmental protection, judicial review, offshore installations by sally

“Greenpeace has launched legal action in a bid to stop UK offshore drilling in the wake of the Deepwater Horizon disaster. The environmental group announced today that its lawyers have filed a claim at the Royal Courts of Justice in London.”

Full story

The Independent, 12th November 2010

Source: www.independent.co.uk

Landlords face fines for energy inefficiency – The Guardian

Posted November 2nd, 2010 in energy, environmental protection, news by sally

“The government is to beef up legislation forcing landlords to pay a fine if they rent properties without proper insulation.”

Full story

The Guardian, 2nd November 2010

Source: www.guardian.co.uk

Criminal inquiry into Eastbourne lake sewage leak – BBC News

Posted October 15th, 2010 in environmental protection, news, waste, water by sally

“A criminal investigation is under way following a major sewage leak which threatened fish at an East Sussex lake.”

Full story

BBC News, 15th October 2010

Source: www.bbc.co.uk

High UK legal costs deter challenges to environmental damage, UN warns – The Guardian

Posted August 27th, 2010 in costs, environmental protection, news, United Nations by sally

“The government is making it too expensive for campaigners to take environmental planning battles through UK courts, a UN tribunal has warned.”

Full story

The Guardian, 27th August 2010

Source: www.guardian.co.uk

‘Wildlife criminal’ goes to jail for smuggling falcon eggs – The Guardian

Posted August 20th, 2010 in animal cruelty, birds, environmental protection, news, sentencing by sally

“A serial ‘wildlife criminal’ was sentenced today to 30 months in jail after he was caught trying to smuggle rare peregrine falcon eggs out of Britain.”

Full story

The Guardian, 19th August 2010

Source: www.guardian.co.uk

Mageean v Secretary of State for Communities and Local Government and others – WLR Daily

Posted July 30th, 2010 in environmental protection, law reports, planning by sally

Mageean v Secretary of State for Communities and Local Government and others [2010] WLR (D) 209

 “The validity of a screening direction made by the Secretary of State under reg 6 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 is not limited to two years but a planning inspector should refer the matter back to the Secretary of State where there has been a change of circumstance which could affect the decision.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

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