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

“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 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

Lesoochranárske zoskupenie VLK v Ministerstvo životného prostredia Slovenskej republiky

(Case C-240/09); [2011] WLR (D) 82

“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

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.

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

“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

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

“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

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

“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

“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

“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

“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

“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

“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

“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

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.

Buncefield companies fined £5.35m for oil depot blaze – The Guardian

“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.”

Full story

The Guardian, 16th July 2010

Source: www.guardian.co.uk

Today, the firms behind the Buncefield fire will be held to account. But will they be made to pay? – The Independent

“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.”

Full story

The Independent, 16th July 2010

 Source: www.independent.co.uk

Clay company fined for polluting Dartmoor stream – BBC News

“A clay company has been fined for polluting a stream on the edge of Dartmoor in Devon.”

Full story

BBC News, 9th July 2010

Source: www.bbc.co.uk

Three firms guilty over Buncefield explosion – The Independent

“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

Buncefield explosion: second company guilty of safety breach – The Guardian

“TAV Engineering convicted of health and safety breach in connection with Buncefield oil depot blast in 2005.”

Full story

The Guardian, 18th June 2010

Source: www.guardian.co.uk

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

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

“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

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

“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

“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

“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

“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

“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

“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

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

“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

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

“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

“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

“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

Climate Change Act 2008 published

Full text of Act

Source: www.opsi.gov.uk

Regina v Kelleher – Times Law Reports

Regina v Kelleher

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.

Court action aims to save rare insects from lorries – The Times

“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.”

Full story

The Times, 19th November 2008

Source: www.timesonline.co.uk

Peers win concession on offset limits in climate bill – The Guardian

“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.”

Full story

The Guardian, 18th November 2008

Source: www.guardian.co.uk

Boris Johnson ready to sue over third Heathrow runway – The Times

“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.”

Full story

The Times, 16th November 2008

Source: www.timesonline.co.uk

Legal blunder allows drivers to get away with littering – The Times

“Thousands of motorists who litter Britain’s roads every day are escaping penalty because of a bureaucratic blunder.”

Full story

The Times, 31st October 2008

Source: www.timesonline.co.uk

Climate bill ‘to include planes’ – BBC News

“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.”

Full story

BBC News, 28th October 2008

Source: www.bbc.co.uk

MPs rebelling over climate bill – BBC News

“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.”

Full story

BBC News, 23rd October 2008

Source: www.bbc.co.uk

Judge attacks ‘miserable’ bin laws as serial fly-tipper escapes prison sentence – Daily Telegraph

“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.”

Full story

Daily Telegraph, 9th October 2008

Source: www.telegraph.co.uk

High court challenge to stop toxic French ship arriving in Britain – Daily Telegraph

“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.”

Full story

Daily Telegraph, 3rd Septemeber 2008

Source: www.telegraph.co.uk

Regina (Thames Water Utilities Ltd) v Bromley Magistrates Court, Environment Agency, interested party – Times Law Reports

Regina (Thames Water Utilities Ltd) v Bromley Magistrates Court, Environment Agency, interested party

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.

Swan death case dropped – BBC News

“A case against three men accused of killing 29 swans has been dropped after evidence was lost at a police station.”

Full story

BBC News, 1st August 2008

Source: www.bbc.co.uk

Regina (Thames Water Utilities Ltd) v Bromley Magistrates’ Court (Water Services Regulation Authority intervening) – WLR Daily

Regina (Thames Water Utilities Ltd) v Bromley Magistrates’ Court (Water Services Regulation Authority intervening) [2008] EWHC 1763 (QB); [2008] WLR (D) 264

“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.

R (Wychavon District Council) v Secretary of State for Communities and Local Government and others – WLR Daily

R (Wychavon District Council) v Secretary of State for Communities and Local Government and others [2008] EWCA Civ 692; [2008] WLR (D) 20

“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 – Times Law Reports

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.

‘Disaster’ planning law opposed – BBC News

“Environmental groups are campaigning against planning laws they claim will lead to ‘faceless bureaucrats’ taking decisions on major projects.”

Full story

BBC News, 9th June 2008

Source: www.bbc.co.uk