UK Government has breached air pollution laws and failed to take enough action on emissions, High Court rules – The Independent

‘The High Court has ruled against the Government over its failure to tackle illegal air pollution.’

Full story

The Independent, 2nd November 2016


Farm owners fined over ‘Stoulton Stink’ after council wins High Court appeal – Local Government Lawyer

Posted October 25th, 2016 in appeals, costs, fines, local government, news, pollution by michael

‘The owners of a farm responsible for a smell known as the “Stoulton Stink” have been sentenced this month, after a district council successfully appealed in the summer to the High Court.’

Full story

Local Government Lawyer, 24th October 2016


Air quality law in the United Kingdom at a crossroads – OUP Blog

Posted October 3rd, 2016 in EC law, environmental protection, news, pollution by sally

‘UK air quality law now finds itself at a crossroads. Air quality law is a well-established area of environmental law, having been at the vanguard of much of it. It is a well-established area across multiple levels of governance, with local and national regulation in the UK operating against a backdrop of binding EU standards and an international law framework for transboundary air pollution (the 1979 Geneva Convention on Long-Range Transboundary Air Pollution (CLRTAP)). This multilevel body of law highlights that air pollution is a problem that has many sources – local, transboundary, stationary, mobile, manmade, natural – which act and interact via complex pollution pathways, leading to a range of regulatory responses within and beyond jurisdictional boundaries.’

Full story

OUP Blog, 3rd October 2016


High Court rejects judicial review challenge of Greenwich cruise liner terminal planning permission –

Posted August 16th, 2016 in news, planning, pollution, ships by sally

‘A High Court Judge has rejected a judicial review challenge to overturn the proposal for a cruise liner terminal at Enderby Wharf, London.’

Full story, 15th August 2016


Leigh Day “breached duty” to thousands of Trafigura claimants who did not receive share of £30m settlement – Legal Futures

Posted June 17th, 2016 in compensation, law firms, negligence, news, pollution by tracey

‘Leading group action law firm Leigh Day has been found guilty of professional negligence after 6,624 of the claimants it represented in the high-profile Trafigura case were not paid their share of the £30m settlement.’

Full story

Legal Futures, 17th June 2016


UK government spent £105,000 in legal fees on lost air pollution case – The Guardian

‘The government spent at least £105,000 in legal costs while fighting and losing a court challenge over illegal levels of air pollution, according to data released through freedom of information rules, and now faces further bills from a new case it is contesting.’

Full story

The Guardian, 11th May 2016


UK government faces second court battle over air pollution plans – The Guardian

‘The UK government is to be sued in the high court over its air pollution plans, just a year after losing at the supreme court and being ordered to fulfil its legal duty to cut pollution rapidly.’

Full story

The Guardian, 28th April 2016


UK faces fresh legal challenge over weak plans to tackle air pollution – The Guardian

Posted March 18th, 2016 in appeals, EC law, environmental health, news, pollution, Supreme Court by tracey

‘The government faces a new legal challenge to force it to speed up and improve measures to tackle air pollution in British cities. Environmental law group ClientEarth has asked the high court to urgently review the Department for Environment, Food and Rural Affairs’ (Defra) latest plans to meet EU targets on the toxic gas NO2 which is emitted from vehicles and industry and is thought to kill about 25,000 people in the UK a year.’

Full story

The Guardian, 18th March 2016


Planning, Environment & Property Newsletter – 39 Essex Chambers

Posted March 15th, 2016 in contamination, energy, environmental protection, news, planning, pollution by sally

Planning, Environment & Property Newsletter (PDF)

39 Essex Chambers, February 2016+


Law firm in new legal threat over UK air pollution – BBC News

Posted March 1st, 2016 in climate change, law firms, news, pollution by sally

‘The UK government has been warned to drastically reduce air pollution or face renewed legal action.’

Full story

BBC News, 1st March 2016


Regina (Seiont, Gwyrfai and Llyfni Anglers’ Society) v Natural Resources Wales – WLR Daily

Posted January 14th, 2016 in EC law, environmental health, law reports, pollution by sally

Regina (Seiont, Gwyrfai and Llyfni Anglers’ Society) v Natural Resources Wales [2015] EWHC 3578 (Admin); [2015] WLR (D) 554

‘“Damage” as defined in article 2(2) of Parliament and Council Directive 2004/35/EC on environmental liability was restricted to a deterioration in the environmental situation and did not, in addition, include the prevention of an existing, already damaged environmental state from achieving a level which was acceptable in environmental terms or a deceleration in such achievement.’

WLR Daily, 17th December 2015


Off the scale: Sentencing very large companies for environmental crimes – Henderson Chambers

Posted July 27th, 2015 in environmental protection, news, pollution, sentencing, water companies by sally

‘Earlier this month judgment was handed down by the Court of Appeal in R v Thames Water Utilities Ltd [2015] EWCA Crim 960, examining what should be done when a corporate offender’s turnover is so large that it falls outside the scale set down in the sentencing guidelines. This is the first case of its kind to come before the Court of Appeal since publication of the Definitive Guideline for Environmental Offences by the Sentencing Council in July 2014. Rejecting Thames Water’s appeal against a £250,000 fine, the court said that fines levied against very large companies “had to bring home the appropriate message to the directors and shareholders of the company” and could go as high as 100% of pre-tax profits. ‘

Full story

Henderson Chambers, June 2015


Supreme Court: no excuses, UK must comply with EU air pollution law – UK Human Rights Blog

Posted May 1st, 2015 in EC law, environmental protection, news, pollution, Supreme Court by tracey

‘R (ClientEarth) v Secretary of State for Environment, Food & Rural Affairs, Supreme Court, 29 April 2015. Bit of a history to this one, with 5 hearings so far. The short version is that in May 2013, the UK Supreme Court (here), faced with the UK’s non-compliance with EU Directive 2008/50 (nitrogen dioxide etc in air), decide to refer various issues to the CJEU in Luxembourg. In 2014, the CJEU said its piece, (C404-13 and my post here), and its views are now considered by the Supreme Court, hence this second SC judgment.’

Full story

UK Human Rights Blog, 30th April 2015


R (on the application of ClientEarth) (Appellant) v Secretary of State for the Environment, Food and Rural Affairs (Respondent) – Supreme Court

R (on the application of ClientEarth) (Appellant) v Secretary of State for the Environment, Food and Rural Affairs (Respondent) [2015] UKSC 28 & [2013] UKSC 25 (YouTube)

Supreme Court, 29th April 2015


Court orders UK to cut pollution – BBC News

Posted April 29th, 2015 in EC law, environmental health, news, pollution by sally

‘The UK’s highest court has ruled that the government must take immediate action to cut air pollution.’

Full story

BBC News, 29th April 2015


Supreme Court to rule on illegal pollution levels – The Independent

Posted April 14th, 2015 in appeals, environmental protection, health, news, pollution, Supreme Court by sally

‘A Supreme Court ruling this week could finally force the Government to drastically speed up its plans to deal with dangerous levels of air pollution, as a long-running battle over illegal levels of nitrogen dioxide comes to a head.’

Full story

The Independent, 12th April 2015


EU court rules UK government must clean up dangerous air pollution – The Guardian

Posted November 20th, 2014 in EC law, environmental protection, news, pollution by tracey

‘The government will be forced to urgently clean up illegal air pollution in British cities following a ruling on Wednesday in the European court of justice. It is likely to see many diesel cars and heavy goods vehicles restricted from city centres within a few years.’

Full story

The Guardian, 19th November 2014


Private Law Remedies in Environmental Law – Mouse or Lion? – Thirty Nine Essex Street

Posted November 18th, 2014 in environmental protection, human rights, news, nuisance, planning, pollution by sally

‘With statutory regulation covering an ever increasing area in Environmental Law, the question arises as to whether private law remedies have a meaningful role to play in that arena?’

Full story (PDF)

Thirty Nine Essex Street, September 2014


UK could face substantial EU fines after Supreme Court ruling on air pollution, says expert –

Posted May 3rd, 2013 in EC law, fines, news, pollution, references to European Court, Supreme Court by tracey

“The UK could face legal proceedings and substantial fines from the European
Commission as a result of its failure to meet air pollution limits, an expert
has said.”

Full story, 3rd May 2013


R (on the application of ClientEarth) (Appellant) v. The Secretary of State for the Environment, Food and Rural Affairs (Respondent) – Supreme Court

R (on the application of ClientEarth) (Appellant) v. The Secretary of State for the Environment, Food and Rural Affairs (Respondent) [2013] UKSC 25 | UKSC 2012/0179 (YouTube)

Supreme Court, 1st May 2013