Category: environmental protection

Reasons – Local Government Law

Posted December 8th, 2017 in environmental protection, local government, news, planning, reasons by sally

‘In Dover District Council v CPRE Kent [2017] UKSC 79 the Supreme Court reviewed various statutory rules relating to the provision of reasons for planning decisions, observing that these rules are to be found in subordinate legislation and that it is hard to detect a coherent approach to their development. The three main categories of planning decision are: (i) decisions of Secretaries of State and inspectors, (ii) decisions by local planning authorities in connection with planning permission, and (iii) decisions, at any level, on applications for EIA development.’

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Local Government Law, 6th December 2017

Source: local-government-law.11kbw.com

Environmental Law News Update – Six Pump Court

Posted December 8th, 2017 in agriculture, consultations, enforcement, environmental protection, news, planning by sally

‘In this latest Environmental Law News Update Christopher Badger and Charles Morgan consider the Environment Agency’s consultation on a new Enforcement and Sanctions Policy, an inquiry into Green Finance by the Environmental Audit Committee and new farming rules for water.’

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Six Pump Court, 4th December 2017

Source: www.6pumpcourt.co.uk

Environmental Law News Update – Six Pump Court

Posted November 23rd, 2017 in climate change, energy, environmental protection, news, regulations, roads, transport by sally

‘In this latest Environmental Law News Update William Upton, Nicholas Ostrowski, Frances Lawson and Mark Davies consider the failure of Highways England’s plan for a Kent Lorry Park, the recent publication of the Environment Agency’s Enforcement and Sanctions Guidance, revisions to the EU ETS and the Powering Past Coal Alliance, and the new Conservation of Habitats and Species Regulations 2017.’

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Six Pump Court, 20th November 2017

Source: www.6pumpcourt.co.uk

CPRC: no need yet for new privacy rule on costs in environmental cases – Litigation Futures

Posted November 23rd, 2017 in civil procedure rules, costs, environmental protection, news, privacy by sally

‘There is no immediate need for the Civil Procedure Rule Committee (CPRC) to introduce a new privacy rule for certain costs issues in environmental cases as it could conflict with its open justice review, it has decided.’

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Litigation Futures, 22nd November 2017

Source: www.litigationfutures.com

UK government proposes independent body to advise on post-Brexit environmental issues – OUT-LAW.com

Posted November 21st, 2017 in consultations, environmental protection, news by sally

‘The UK government is to consult on the formation of an independent body to hold it to account for upholding environmental standards in England following the withdrawal from the EU.’

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OUT-LAW.com, 20th November 2017

Source: www.out-law.com

Trader jailed for offering to sell elephant tusks and rhino horns – Crown Prosecution Service

Posted November 10th, 2017 in animals, environmental protection, press releases, sentencing by tracey

‘An illegal trader who offered to sell elephant tusks, rhino horns, and hippopotamus teeth has been jailed for a total of 14 months after breaking wildlife protection laws.’

Full press release

Crown Prosecution Service, 10th November 2017

Source: www.cps.gov.uk

UK government sued for third time over deadly air pollution – The Guardian

Posted November 8th, 2017 in criminal damage, environmental protection, health, judicial review, news, pollution, road traffic by tracey

‘The UK government is being sued for a third time over the widespread illegal levels of air pollution, which cause 40,000 early deaths every year.’

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The Guardian, 7th November 2017

Source: www.theguardian.com

UK mining firm in court over claims it mistreated environmental activists – The Guardian

Posted November 1st, 2017 in assault, environmental protection, human rights, news, security companies, subsidiary companies by sally

‘A UK-registered mining company, which is now part of Glencore, is facing claims in a London court that it hired security forces to mistreat environmental activists protesting about a copper mine in Peru.’

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The Guardian, 31st October 2017

Source: www.theguardian.com

On the spot litter fines to double to £150 as drivers face penalties for rubbish thrown from their cars – Daily Telegraph

Posted October 25th, 2017 in environmental protection, fines, litter, local government, news by michael

‘From April next year, the maximum fixed penalty councils can hand out to people dropping litter or throwing rubbish from cars will rise from £80 to £150.’

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Daily Telegraph, 24th October 2017

Source: www.telegraph.co.uk

Planning for Infrastructure in Wales – No. 5 Chambers

Posted October 20th, 2017 in devolution, environmental protection, news, planning, Wales by sally

‘The Wales Act 2017 received Royal Assent on 31 January 2017. Some provisions are already in force; others will come into effect in April 2018.’

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No. 5 Chambers, 18th October 2017

Source: www.no5.com

Environmental Law News Update – Six Pump Court

Posted October 20th, 2017 in environmental protection, news, penalties, pollution, water by sally

‘In this latest Environmental Law News Update, Christopher Badger and William Upton consider penalties incurred by United Utilities for drinking water contamination, the publication of the Government’s Clean Growth Strategy, and Defra’s annual report on air quality.’

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Six Pump Court, 16th October 2017

Source: www.6pumpcourt.co.uk

The future approach: Using a preventative injunction to protect green spaces? – Hardwicke Chambers

Posted October 20th, 2017 in environmental protection, injunctions, local government, news, waste by sally

‘There are few sights more unpleasant when walking in our green and pleasant land than that of human waste i.e. faeces selfishly deposited on the ground without any thought for those that wish to enjoy the beauty of our green spaces. Added to the problem of personal waste, is domestic waste1 and industrial scale fly-tipping from contractors, the general public at large and travellers involved in a commercial waste business (for example, who dump waste such as asbestos, rubble, soil, and other hazardous materials) and you have a major waste issue up and down the country. Indeed, due to the fact that most authorities now charge for the disposal of domestic and business waste, fly tipping is a major problem as people do not want to pay for it to be disposed of properly.2 This is a particular problem for local authorities in the country whose primary responsibility is to ensure the safety of its green spaces for its residents and visitors.’

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Hardwicke Chambers, 16th October 2017

Source: www.hardwicke.co.uk

UK withdrawal bill ‘rips the heart out of environmental law’, say campaigners – The Guardian

Posted October 18th, 2017 in bills, EC law, environmental protection, news by sally

‘The cornerstones of wildlife and habitat protection have been quietly left out of the withdrawal bill ripping the heart out of environmental law, campaigners say.’

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The Guardian, 17th October 2017

Source: www.theguardian.com

The felling of protest? – UK Police Law Blog

Posted October 2nd, 2017 in contracting out, demonstrations, environmental protection, human rights, injunctions, local government, news, statutory duty, trees, trespass by sally

‘In Sheffield City Council v Fairhall [2017] EWHC 2121 (QB), the Court has been asked to consider the extent to which the decision in DPP v Jones [1999] UKHL 5; [1999] 2 AC 240 can be relied upon as a right to conduct peaceful but disruptive protest on the highway.’

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UK Police Law Blog, 30th September 2017

Source: ukpolicelawblog.com

A weed is a plant in the wrong place – UK Human Rights Blog

Posted October 2nd, 2017 in animals, environmental protection, news by sally

‘“Banker” Ni Li and “estate agent” Zhixong Li bought the live American lobsters and Dungeness crabs from a London fish merchant, hired three boats from Brighton Marina and cast the animals adrift as part of a religious ceremony, fangsheng, which is understood to be the cause of many ecosystem disruptions in Asia.’

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UK Human Rights Blog, 29th September 2017

Source: ukhumanrightsblog.com

Two Buddhists fined £15,000 for releasing crustaceans into sea – The Guardian

Posted September 25th, 2017 in environmental protection, fines, news by sally

‘Two Buddhists who released £5,000 worth of crustaceans into the Channel as part of a religious ceremony have been fined almost £15,000 for causing “untold damage” to the environment.’

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The Guardian, 23rd September 2017

Source: www.theguardian.com

Aarhus costs cap challenge succeeds – UK Human Rights Blog

Posted September 18th, 2017 in charities, civil procedure rules, costs, EC law, environmental protection, judgments, judicial review, news, private hearings by tracey

‘RSPB, Friends of the Earth & Client Earth v. Secretary of State for Justice [2017] EWHC 2309 (Admin), 15 September 2017, Dove J. In my March 2017 post here, I explained that amendments to the costs rules for public law environmental claims threatened to undo much of the certainty that those rules had achieved since 2013. Between 2013 and February 2017, if you, an individual, had an environmental judicial review, then you could pretty much guarantee that your liability to the other side’s costs would be capped at £5,000 (£10,000 for companies) if you lost, and your recovery of your own costs would be limited to £35,000 if you won. In this way, the rules sought to avoid the cost of such claims becoming prohibitively expensive and thus in breach of Art.9(4) of the Aarhus Convention.’

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UK Human Rights Blog, 16th September 2017

Source: ukhumanrightsblog.com

Green groups claim ‘important victory’ in challenge to legal costs rules – The Guardian

Posted September 18th, 2017 in charities, costs, environmental protection, judgments, news, privacy by tracey

‘Conservation and environmental groups have claimed an “important victory” in their high court challenge to new legal costs rules which they say make it much harder to bring cases to protect the environment.’

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The Guardian, 15th September 2017

Source: www.theguardian.com

UK citizens set for “second class status” – EU (Withdrawal) Bill – The Bar Council

Posted September 8th, 2017 in bills, devolution, EC law, environmental protection, jurisdiction, news, treaties by tracey

‘”This Bill will leave UK citizens and businesses with less protection against the power of the state. Rights are not being brought home, they are being abolished.”
Andrew Langdon QC, Chair of the Bar.’

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The Bar Council, 7th September 2017

Source: www.barcouncil.org.uk

Vivienne Westwood’s son challenges Ineos injunction on fracking protest – The Guardian

Posted September 8th, 2017 in demonstrations, environmental protection, fracking, injunctions, news by tracey

‘An environmental campaigner is challenging the legality of a wide-ranging injunction obtained against protesters by a multinational firm that he criticised as being “draconian, anti-democratic and oppressive”.’

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The Guardian, 7th September 2017

Source: www.theguardian.com