Does a risk of an explosion engage Article 8? – UK Human Rights Blog

“This Strasbourg decision is the end of a long saga. Our applicants Hardy and Maile lived near proposed Liquified Natural Gas terminals at Milford Haven. In 2003 and 2004, an oil refiner obtained various consents to enable the LNG to be imported, and the applicants challenged them in the domestic courts. But the image, and the identity of its participants, will tell you that the LNG started to arrive. But Alison Hardy and Rodney Maile were not easily deflected, and after a long battle through the domestic courts ended up in the Strasbourg Court.”

Full story

UK Human Rights Blog, 15th February 2012

Source: www.ukhumanrightsblog.com

List of specialist regulatory advocates in health and safety and environmental law and appointment of Standing Counsel (Unified List) – The Bar Council

“In November, it was announced that the Attorney General had agreed that the Unified List in its current form should draw to a close and that new arrangements would be taken forward by individual departments rather than under the auspices of the Attorney General’s office. On 31 March 2012 the Attorney General’s Unified List of Prosecuting Advocates will come to an end. The Health and Safety Executive, Environment Agency and Office of Rail Regulation wish to appoint a list of advocates to conduct their higher court prosecution work and other regulatory advocacy. HSE and ORR also each wish to appoint two Standing Counsel.”

Full story

The Bar Council, 8th February 2012

Source: www.barcouncil.org.uk

Small solar: Court of Appeal confirms that changes were unlawful – UK Human Rights Blog

Posted January 27th, 2012 in energy, environmental protection, news by tracey

“So, after an anxious wait for the affected businesses, the Court of Appeal has confirmed today that the Minister was too hasty in the way he went about modifying the scheme for subsidising small solar power schemes.”

Full story

UK Human Rights Blog, 25th January 2012

Source: www.ukhumanrightsblog.com

New enforcement powers for Natural England now in force – OUT-LAW.com

Posted January 9th, 2012 in enforcement, environmental protection, news by tracey

“Natural England said its new ‘civil’ sanctioning powers would enable it to stop illegal activities; order the restoration of environmental damage, and accept voluntary enforcement undertakings from offenders. Previously the body could only issue warning letters or proceed to full criminal prosecution.”

Full story

OUT-LAW.com, 6th January 2012

Source: www.out-law.com

Court blow to solar power subsidy cut – The Independent

Posted December 16th, 2011 in energy, environmental protection, judicial review, news by tracey

“Government plans to slash solar power subsidies were dealt a blow yesterday, after a High Court judge ordered an urgent hearing into the move. Mr Justice Mitting ordered a judicial review to be held next week into the Government’s decision to halve so-called feed-in-tariff solar power subsidies after hearing an application by Friends of the Earth.”

Full story

The Independent, 16th December 2011

Source: www.independent.co.uk

 

Waste crime crackdown launched by Environment Agency – BBC News

Posted December 9th, 2011 in environmental protection, news, waste by tracey

“A taskforce has been set up by the Environment Agency (EA) to crack down on illegal waste sites in England and Wales.”

Full story

BBC News, 8th December 2011

Source: www.bbc.co.uk

Prince Charles to challenge ruling set to lift secrecy about his estate – The Guardian

“Prince Charles is to challenge a judicial ruling that threatens to expose the environmental impact of the private estate that provides his £17m-a-year income.”

Full story

The Guardian, 28th November 2011

Source: www.guardian.co.uk

Regina v St Regis Paper Company Ltd – WLR daily

Regina v St Regis Paper Company Ltd; [2011] EWCA Crim 2527;  [2011] WLR (D)  317

“Criminal liability could not be imposed on a company for intentionally making a false entry to an environmental control record contrary to regulation 32(1)(g) of the Pollution Prevention and Control (England and Wales) Regulations 2000, by virtue of the intentions of the employee who committed the offence, if he was not the directing mind and will of the company.”

WLR Daily, 4th November 2011

Source: www.iclr.co.uk

Landmark ruling lifts ‘veil of secrecy’ from Prince of Wales’s Duchy of Cornwall estate – Daily Telegraph

Posted November 4th, 2011 in environmental protection, freedom of information, news, royal family by tracey

“The 700-year-old ‘veil of secrecy’ covering the workings of the Prince of Wales’s Duchy of Cornwall estate will be partially lifted after a landmark legal ruling that could open up the Royal family to far greater public scrutiny.”

Full story

Daily Telegraph, 3rd November 2011

Source: www.telegraph.co.uk

Mock ‘ecocide’ trial – video – The Guardian

Posted October 6th, 2011 in energy, environmental protection, international law, news, trials by sally

“Top lawyers put fossil fuel bosses on trial in the UK’s supreme court to explore whether environmental destruction could be considered an international crime.”

Video

The Guardian, 5th October 2011

Source: www.guardian.co.uk

Minister promises amendments to radical planning framework – The Guardian

Posted September 23rd, 2011 in environmental protection, news, planning by tracey

“The planning minister, Greg Clark, has pledged to make changes to the government’s proposals to radically overhaul England’s planning system after running into opposition from campaigners.”

Full story

The Guardian, 22nd September 2011

Source: www.guardian.co.uk

Shooting company fined over damage to Farndale – BBC News

“A field sports company has been fined £40,000 after damaging part of the North York Moors National Park.”

Full story

BBC News, 9th September 2011

Source: www.bbc.co.uk

Environmental regulations come under spotlight in ‘red tape challenge’ – The Guardian

Posted September 5th, 2011 in consultations, environmental protection, news, planning by sally

“The government is seeking advice from the public on which pieces of regulation could be made more transparent.”

Full story

The Guardian, 2nd September 2011

Source: www.guardian.co.uk

Who, What, Why: Is it legal to eat wild birds? – BBC News

Posted August 24th, 2011 in birds, environmental protection, food, news by sally

“A pub has stopped selling wild bird on its menu – in the form of rook salad – on police advice. So what is the legality of such dishes?”

Full story

BBC News, 23rd August 2011

Source: www.bbc.co.uk

Regina v Jones and another – WLR Daily

Posted August 4th, 2011 in appeals, environmental protection, law reports, waste by sally

Regina v Jones and another [2011] WLR (D) 270

“When a person deposited material on land the question whether the material constituted ‘waste’ for the purposes of section 33 of the Environmental Protection Act 1990 depended on that person’s conduct immediately prior to depositing the material and the landowner’s purpose in receiving it.”

WLR Daily, 27th August 2011

Source: www.iclr.co.uk

New planning laws threaten green belt – Daily Telegraph

Posted July 26th, 2011 in consultations, environmental protection, news, planning by tracey

“The biggest shake up in the planning system for 50 years will allow sprawling out of town developments on the green belt, campaigners have warned.”

Full story

Daily Telegraph, 26th July 2011

Source: www.telegraph.co.uk

Ex Cotswold Water Park Society boss jailed for fraud – BBC News

Posted July 13th, 2011 in environmental protection, fraud, news, sentencing by tracey

“The chief executive of a water park society has been jailed after admitting fraud totalling more than £660,000.”

Full story

BBC News, 13th July 2011

Source: www.bbc.co.uk

Bund für Umwelt und Naturschutz Deutschland, Landesverband Nordrhein Westfalen eV v Bezirksregierung Arnsberg, Trianel Kohlekraftwerk Lünen GmbH & Co KG, intervening – WLR Daily

Bund für Umwelt und Naturschutz Deutschland, Landesverband Nordrhein Westfalen eV v Bezirksregierung Arnsberg, Trianel Kohlekraftwerk Lünen GmbH & Co KG, intervening (Case C-115/09);  [2011] WLR (D)  160

“A member state was precluded under article 10a of Directive 85/337/EEC from withholding, from a non-governmental organisation promoting environmental protection, the right to rely before a national court on the infringement of a rule flowing from the environmental law of the European Union on the ground that that rule only protected the interests of the general public and not the interests of individuals. Such a non-governmental organisation could derive from article 10a the right to rely, before the courts, on the infringement of rules of national law flowing from Council Directive 92/43/EC even where national law did not permit this.”

WLR Daily, 12th May 2011

Source: www.iclr.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.

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

Posted April 18th, 2011 in consultations, environmental protection, legislation, news by sally

“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 that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.