Environment Agency downgrading 93% of prosecutions for serious pollution – The Guardian

‘England’s Environment Agency has downgraded 93% of prosecutions for serious pollution over four years, despite recommendations from frontline staff for the perpetrators to face the highest sanction, a leaked report seen by the Guardian reveals.’

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The Guardian, 2nd March 2022

Source: www.theguardian.com

Bakery handed £26k fine after dishwasher pollutes stream – Local Government Lawyer

Posted January 21st, 2022 in environmental protection, fines, local government, news, pollution, Wales, waste, water by sally

‘A Natural Resources Wales (NRW) prosecution has seen a bakery fined for polluting a stream with its dishwasher.’

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Local Government Lawyer, 20th January 2022

Source: www.localgovernmentlawyer.co.uk

UK government sued over ‘pie-in-the-sky’ net-zero climate strategy – The Guardian

‘The UK government is being sued over its net zero climate strategy, which lawyers argue illegally fails to include the policies needed to deliver the promised cuts in emissions.’

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The Guardian, 12th January 2022

Source: www.theguardian.com

Burials, groundwater activities and related surface water discharge activities – Law & Religion UK

‘On 29 September, Defra announced a consultation on proposed amendments to the Environmental Permitting (England and Wales) Regulations 2016 as they apply to groundwater activities and some related surface water discharges.’

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Law & Religion UK, 24th November 2021

Source: lawandreligionuk.com

What is ecocide and how does it affect our rights? – Each Other

‘Voices from around the world have called for leaders at COP26 to create international law against ‘ecocide’. Lucy Skoulding explores what ecocide means and how existing legislation could be used to prevent it.’

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Each Other, 4th November 2021

Source: eachother.org.uk

ULEZ: New pollution charge zone to begin in London – BBC News

‘In less than a week, ULEZ will become ULEX. If you live in London and drive an older diesel or petrol car, radical changes are just around the corner.’

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BBC News, 19th October 2021

Source: www.bbc.co.uk

Court of Appeal revives “unmanageable” £5bn class action – Legal Futures

‘A decision to strike out an “unmanageable” £5bn group action brought by 200,000 claimants over a dam collapse in Brazil can be appealed, the Court of Appeal has decided.’

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Legal Futures, 28th July 2021

Source: www.legalfutures.co.uk

Southern Water fined record £90m for dumping raw sewage – BBC News

Posted July 13th, 2021 in fines, news, pollution, waste, water, water companies by tracey

‘Southern Water has been fined a record £90m for deliberately dumping billions of litres of raw sewage into the sea. The company admitted 6,971 illegal spills from 17 sites in Hampshire, Kent and West Sussex between 2010 and 2015.’

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BBC news, 10th July 2021

Source: www.bbc.co.uk

Southern Water denies deliberately dumping sewage in coastal waters – BBC News

Posted July 9th, 2021 in news, pollution, waste, water, water companies by tracey

‘Southern Water has denied deliberately dumping raw sewage into seas and rivers on thousands of occasions to avoid investing in its treatment works.’

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BBC News, 8th July 2021

Source: www.bbc.co.uk

The cost of air pollution is captured in a child’s smile: it’s time for ‘Ella’s law’ – The Guardian

Posted April 27th, 2021 in bills, children, environmental protection, news, pollution by sally

‘As the family lawyers at Ella Adoo-Kissi-Debrah’s inquest, we join her mother and the coroner in calling for changes to the environment bill.’

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The Guardian, 26th April 2021

Source: www.theguardian.com

‘Not a mini-trial’: Supreme Court explains the correct approach in jurisdiction challenges – Littleton Chambers

‘In The Spiliada [1987] AC 460, 465 Lord Templeman hoped that in jurisdiction disputes, “the judge will be allowed to study the evidence and refresh his memory of [the legal principles] in the quiet of his room without expense to the parties; that he will not be referred to other decisions on other facts; and that submissions will be measured in hours and not days.”‘

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Littleton Chambers, 3rd March 2021

Source: littletonchambers.com

UK broke law by ‘systematically and persistently’ breaching air pollution limits, top court rules – The Independent

Posted March 5th, 2021 in brexit, EC law, environmental health, government departments, news, pollution by tracey

‘The EU’s top court court has ruled that the UK broke the law by “systematically and persistently” breaching air pollution limits.’

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The Independent, 4th March 2021

Source: www.independent.co.uk

Case Note: Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd – Blackstone Chambers

‘This note considers the judgment of Turner J in the Technology and Construction Court of 10 November 2020 in the case of Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd. In that judgment, Turner J struck out a claim by a very large group of claimants for compensation for damage caused by the 2015 collapse of the Fundão Dam in South Eastern Brazil, in which over 40 million cubic metres of tailings washed into the Doce River with massive human, environmental, and economic cost. This note presents the factual background of the case and sets out the most relevant features of the judgment for the practice of mass tort litigation in the multinational context.’

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Blackstone Chambers, 15th February 2021

Source: www.blackstonechambers.com

Supreme Court Shell ruling “big step forward” for access to justice – Litigation Futures

Posted February 16th, 2021 in choice of forum, class actions, news, oil wells, pollution, Supreme Court by sally

‘Campaigners have welcomed Friday’s Supreme Court ruling on claims brought by the victims of oil pollution in the Niger Delta as a major step forward for those seeking access to justice for corporate abuses.’

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Litigation Futures, 15th February 2021

Source: www.litigationfutures.com

Air pollution death ruling: What comes next? – BBC News

‘For the first time in the UK – and possibly the world – air pollution has been recognised as a cause of a person’s death. But was the ruling just a one-off? And what does it mean for others?’

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BBC News, 17th December 2020

Source: www.bbc.co.uk

Air pollution a cause in girl’s death, coroner rules in landmark case – The Guardian

Posted December 17th, 2020 in children, environmental health, inquests, news, pollution by tracey

‘A coroner has made legal history by ruling that air pollution was a cause of the death of a nine-year-old girl.’

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The Guardian, 16th December 2020

Source: www.theguardian.com

Landmark inquest to rule if air pollution killed London pupil – The Guardian

‘An inquest is to consider evidence that illegal levels of air pollution caused the death of a nine-year-old girl, in a landmark legal case. A coroner will be asked to rule that toxic levels of nitrogen dioxide, from the South Circular road in south London, led to the acute asthma attack that killed the primary school pupil, Ella Kissi-Debrah. Her mother, Rosamund, a former teacher, has fought for years for an inquiry into the role of air pollution from traffic in Ella’s death.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

High Court strikes out group action as an abuse of process: Municipo de Mariana v BHP Group PLC [2020] EWHC 2930 (TCC) – Henderson Chambers

‘The High Court has struck out claims brought by more than 200,000 Brazilian claimants in the English courts against British and Australian holding companies in relation to the collapse of the Fundao Dam in Brazil in 2015. In Municipo de Mariana v BHP Group PLC ([2020] EWHC 2930 (TCC)) Turner J found the claims to be an abuse of process and also considered that, in the alternative, the proceedings should be stayed under the Recast Brussels Regulation and on the basis of forum non conveniens. While Turner J emphasised that the factual background of this case was central to his conclusions, his judgment contains a detailed analysis of the relevant caselaw and his consideration of the facts surrounding the claim will no doubt be of interest to parties involved in similar cross-jurisdictional and group actions. Charles Gibson QC led the Counsel team for the Defendants.’

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Henderson Chambers, 19th November 2020

Source: www.hendersonchambers.co.uk

Landmark inquest to rule if air pollution killed London pupil – The Guardian

‘An inquest is to consider evidence that illegal levels of air pollution caused the death of a nine-year-old girl, in a landmark legal case.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

High Court strikes out “unmanageable” 200,000-strong group action – Litigation Futures

Posted November 10th, 2020 in abuse of process, choice of forum, class actions, news, pollution, striking out by sally

‘The High Court has struck out a claim brought on behalf of more than 200,000 claimants over a dam collapse in Brazil, saying it risked becoming “the largest white elephant in the history of group actions”.’

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Litigation Futures, 9th November 2020

Source: www.litigationfutures.com