“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.”
The Guardian, 17th April 2011
Source: www.guardian.co.uk
from the Inner Temple Library
“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.”
The Guardian, 17th April 2011
Source: www.guardian.co.uk
“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 once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Local residents have lost their High Court battle to block an ‘extremely large’ increase in the number of flights proposed for London City Airport.”
The Independent, 20th January 2011
Source: www.independent.co.uk
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England, the body responsible for enforcing the Council Directive prohibiting the disturbance of protected species, had withdrawn its initial objection to the application.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.
“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’.”
The Guardian, 5th January 2011
Source: www.guardian.co.uk
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.
“A plant nursery has has been fined £10,000 after polluting five miles of a stream in Norfolk.”
BBC News, 18th November 2010
Source: www.bbc.co.uk
“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.”
BBC News, 18th November 2010
Source: www.bbc.co.uk
“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.”
The Independent, 12th November 2010
Source: www.independent.co.uk
“The government is to beef up legislation forcing landlords to pay a fine if they rent properties without proper insulation.”
The Guardian, 2nd November 2010
Source: www.guardian.co.uk
“A criminal investigation is under way following a major sewage leak which threatened fish at an East Sussex lake.”
BBC News, 15th October 2010
Source: www.bbc.co.uk
“The government is making it too expensive for campaigners to take environmental planning battles through UK courts, a UN tribunal has warned.”
The Guardian, 27th August 2010
Source: www.guardian.co.uk
“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.”
The Guardian, 19th August 2010
Source: www.guardian.co.uk
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.
“Companies owned by oil giants BP, Shell and Total were fined a total of £5.35m today for their involvement in the Buncefield oil storage depot explosion and fire ‑ the worst of its kind since the second world war.”
The Guardian, 16th July 2010
Source: www.guardian.co.uk
“It has taken five years, but today the companies whose negligence caused the biggest fire ever seen in Europe in peacetime and almost destroyed a thriving community around the Buncefield oil depot will face justice.”
The Independent, 16th July 2010
Source: www.independent.co.uk
“A clay company has been fined for polluting a stream on the edge of Dartmoor in Devon.”
BBC News, 9th July 2010
Source: www.bbc.co.uk
“Three companies were facing potentially unlimited fines today after they were found guilty of health and safety breaches in connection with the explosion at the Buncefield oil depot.”
Full story
The Independent, 18th June 2010
Source: www.independent.co.uk
“TAV Engineering convicted of health and safety breach in connection with Buncefield oil depot blast in 2005.”
The Guardian, 18th June 2010
Source: www.guardian.co.uk
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 [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.
“A millionaire has won a fight with planners to build a luxury eco-home on his own south coast island.”
The Independent, 29th April 2010
Source: www.independent.co.uk
“Department stands by climate change campaign as ASA bans press adverts that ‘should have been phrased more tentatively’.”
The Guardian, 17th March 2010
Source: www.guardian.co.uk
“Environment and human rights campaigners are suing the Treasury over its injection of capital into the Royal Bank of Scotland last year.”
BBC News, 3rd February 2010
Source: www.bbc.co.uk
“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.”
The Independent, 1st February 2010
Source: www.independent.co.uk
“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.”
BBC News, 11th November 2009
Source: www.bbc.co.uk
“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.”
The Guardian, 7th October 2009
Source: www.guardian.co.uk
“Campaign groups say bank bailout breaches government’s own policies on reducing carbon emissions by lending money to coal, oil and gas companies.”
The Guardian, 1st July 2009
Source: www.guardian.co.uk
“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.”
The Guardian, 14th April 2009
Source: www.guardian.co.uk
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
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.
“Plans for an expansion of Stansted Airport in Essex which were given the go-ahead by the government are facing a High Court challenge.”
BBC News, 24th February 2009
Source: www.bbc.co.uk
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.
“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.”
The Guardian, 15th January 2009
Source: www.guardian.co.uk
“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.”
The Guardian, 9th December 2008
Source: www.guardian.co.uk
“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.”
The Guardian, 6th December 2008
Source: www.guardian.co.uk
“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.”
The Guardian, 8th December 2008
Source: www.guardian.co.uk
Court of Appeal (Criminal Division)
“A custodial sentence could be appropriate for an offence of commercial flytipping even where aggravating features, such as depositing waste of a dangerous or offensive nature, were not present.”
The Times, 25th November 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“An attempt began yesterday to stop a patch of land described as one of the country’s top three insect homes being turned into a lorry park and warehouse.”
The Times, 19th November 2008
Source: www.timesonline.co.uk
“The government last night moved to tighten its commitment to the 80% reduction of carbon emissions by the year 2050, introducing a safeguard that a limit be placed on reductions achieved by buying international offsetting credits.”
The Guardian, 18th November 2008
Source: www.guardian.co.uk
“Boris Johnson, the mayor of London, has threatened to take legal action against the government if ministers go ahead with plans to build a third runway at Heathrow.”
The Times, 16th November 2008
Source: www.timesonline.co.uk
“Thousands of motorists who litter Britain’s roads every day are escaping penalty because of a bureaucratic blunder.”
The Times, 31st October 2008
Source: www.timesonline.co.uk
“Aviation and shipping look set to be included in a government bill targeting cuts in greenhouse gases, to head off a rebellion by backbench MPs.”
BBC News, 28th October 2008
Source: www.bbc.co.uk
“The government is fighting to head off a backbench rebellion over its plans to exclude aviation and shipping from the UK’s greenhouse gas targets.”
BBC News, 23rd October 2008
Source: www.bbc.co.uk
“A judge has criticised sentencing guidelines which prevented him sending a serial fly-tipper to prison while ‘decent, law-abiding citizens’ fear punishment after falling foul of council bin rules.”
Daily Telegraph, 9th October 2008
Source: www.telegraph.co.uk
“A High Court challenge has been launched to stop a French aircraft carrier being broken up in Britain after it was deemed too toxic to be taken apart in India.”
Daily Telegraph, 3rd Septemeber 2008
Source: www.telegraph.co.uk
Queen’s Bench Divisional Court
“Sewage escaping from pipes maintained by a statutory undertaker was controlled waste within the meaning of section 33 of the Environmental Protection Act 1990.”
The Times, 28th August 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“A case against three men accused of killing 29 swans has been dropped after evidence was lost at a police station.”
BBC News, 1st August 2008
Source: www.bbc.co.uk
“Sewage escaping from pipes maintained by a statutory undertaker was ‘controlled waste’ within the meaning of s 33 of the Environmental Protection Act 1990.”
WLR Daily, 29th July 2008
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.
“The loss of a gipsy family’s home with no immediate prospect of replacement was capable in law of being regarded as a very special factor within para 3.2 of the Planning Policy Guidance Note 2 issued by the Secretary of State to local planning authorities. It was a factor to be weighed in the balance when considering the value society attached to the protection of gipsy homes against the public value of the protection of the Green Belt.”
WLR Daily, 24th June 2008
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.
Golden Fleece Maritime Inc and Another v ST Shipping and Transport Inc
Court of Appeal
“Owners of vessels which failed to comply with the Marine Pollution Convention, as warranted in the charterparty and were unable to carry to all specified ports the full range of petroleum products set out therein, were in breach of time charters.”
The Times, 10th June 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only free on Times Online for 21 days from the date of publication.
“Environmental groups are campaigning against planning laws they claim will lead to ‘faceless bureaucrats’ taking decisions on major projects.”
BBC News, 9th June 2008
Source: www.bbc.co.uk