Pensioner fined for huge pile of scrap metal – BBC News
‘A pensioner has been fined thousands of pounds for illegally storing waste, including scrapped cars, at a site in Somerset.’
BBC News, 29th May 2024
Source: www.bbc.co.uk
Category: environmental protection
UK climate activists convicted in first trial of new anti-protest laws – The Guardian
‘Three climate activists have been convicted of “interference with key national infrastructure” by marching in the road in west London for 20 minutes, in the new offence’s first test at trial.’
The Guardian, 15th May 2024
Source: www.theguardian.com
Greenwashing: Where are we now? – Mills & Reeve
‘Organisations are feeling the pressure more than ever to offer sustainable and environmentally conscious products and services to consumers. However, with the push to appear more eco-friendly comes the risk of over-exaggerating or misleading others with statements about green credentials.’
Mills & Reeve, 16th May 2024
Source: www.mills-reeve.com
Biodiversity Net Gain: Big Impacts on Small Sites? – No.5 Chambers
‘The UK is one of the world’s most nature-depleted countries. The headline finding in the State of Nature Report 2023 told us that one in six species is at risk of extinction but this alarming figure obscures greater decline within certain taxonomic groups: 21% of plant species, 39% of vertebrates and 11% of fungi and lichens are classified as being at risk of extinction in Great Britain.’
No.5 Chambers, 18th April 2024
Source: www.no5.com
Environmental Law News Podcast – Six Pump Court
‘In this podcast produced by Lexis PSL, Christopher Badger and Mark Davies look at progress made under the 25 Year Environment Plan, publication of the Green Finance Strategy and more Environment Act 2021 Commencement Regulations.’
Six Pump Court, 18th April 2024
Source: 6pumpcourt.co.uk
First trial of Just Stop Oil activists under new anti-protest laws begins – The Guardian
‘Three Just Stop Oil supporters have appeared in what is thought to be the first trial brought under wide-ranging powers introduced last year to curb protest.’
The Guardian, 8th May 2024
Source: www.theguardian.com
OEP watchdog criticises government’s water clean-up plans for England – BBC News
‘The government’s efforts to clean up England’s rivers, lakes and seas have been criticised by a key environmental watchdog as “poor”.’
BBC News, 9th May 2024
Source: www.bbc.co.uk
The statutory nuisance regime – Local Government Lawyer
‘Piers Riley-Smith analyses a Court of Appeal case concerning whether there was a legal power to vary an Abatement Notice issued under s.80 of the Environmental Protection Act 1990.’
Local Government Lawyer, 8th May 2024
Source: www.localgovernmentlawyer.co.uk
The Pursuit of Corporate Accountability: Climate Change Litigation and the Use of Shareholder Derivative Actions – Cambridge Law Journal
‘ClientTEarth v Shell [2023] EWHC 1897 (Ch) is the first attempt to use the statutory shareholder derivative action (Part 11 Chapter 1 of the Companies Act 2006 (CA 2006)) to hold directors liable for breach of directors’ duties for issues related to climate change. A derivative action can be used by shareholders in limited circumstances to bring an action of recourse on behalf of the company. Derivative actions are typically used to protect minority shareholders. Therefore, its use in ClientEarth v Shell is of interest, especially considering the ongoing discussion on the role and purpose of business in society. Although company law has primarily focused on profits, the more modern view is that companies should exist for profit, public interests and societal goals (See British Academy, Reforming Business for the 21 st Century: A Framework for the Future of the Corporation). The ClientEarth case confirms and clarifies situations in which a claimant may obtain permission to continue a claim; and when an absolute liability may be imposed on directors for a climate change-related breach of director’s duty in shareholder derivative claims. It raises questions around the prospects of success for future claimants due to the difficulty in establishing sufficient legal merit; and the relationship between stage one and stage two of the statutory regime.’
Cambridge Law Journal, 3rd April 2024
Source: www.cambridge.org
Applications determined in the NOx emissions group litigation (Various Claimants v Mercedes-Benz Group AG and others) – Gatehouse Chambers
‘Dispute Resolution analysis: The Managing Judges of the large GLO NOx emissions litigation have dismissed applications seeking the protection of documents used in open Court from use for collateral purposes and for information about the funding arrangements which the Claimants have in place in contemplation of a security for costs application.’
Gatehouse Chambers, 9th April 2024
Source: gatehouselaw.co.uk
AI and Climate Change – 39 Essex Chambers
‘In this episode Katherine Apps KC speaks with environmental law pioneer Stephen Tromans KC about similarities, differences and lessons which can be learned for AI from the development of environmental, nuclear, chemicals and contaminated land law. They touch on the balance between international and domestic legal toolmaking, the effectiveness, or otherwise, of human rights and the common law and how law can best work in the context of rapidly developing technology and complex market pressures.’
39 Essex Chambers, 19th April 2024
Source: www.39essex.com
Environmental Corporate Social Responsibility in Action: The Advertising Standards Authority bans a Toyota SUV advert for not being prepared with a sense of social responsibility – Francis Taylor Building
‘In November 2023, the Advertising Standards Authority (“the ASA”) made the unprecedented decision to ban two Toyota SUV advertisements on the basis that they had “not been prepared with a sense of responsibility to society.”’
Francis Taylor Building, 21st March 2024
Source: www.ftbchambers.co.uk
Retired UK GP suspended for five months after climate protests – The Guardian
‘A doctor who went to jail after a series of climate protests has been taken off the medical register for five months – and still faces being permanently struck off. The Medical Practitioners Tribunal Service (MPTS) – the disciplinary arm of the General Medical Council (GMC) – suspended Dr Sarah Benn on Tuesday, having found last week that her fitness to practise as a doctor had been impaired by reason of misconduct.’
The Guardian, 23rd April 2024
Source: www.theguardian.com
Greenwashing enforcement is not going away – Kingsley Napley Criminal Law Blog
‘For many years, companies have been selling or promoting products under claims that they have high ethical, social and governance (ESG) and/or sustainability credentials. In many cases, these claims are accurate and can help in the ongoing efforts to create a more sustainable society. In other cases, however, ESG claims can be overstated or even false – this is greenwashing.’
Kingsley Napley Criminal Law Blog, 16th April 2024
Source: www.kingsleynapley.co.uk
Human Rights embrace Climate Change – Law Pod UK
‘Strasbourg Court fashions human rights out of climate change. David Hart KC discusses latest developments with Rosalind English.’
Law Pod UK, 10th April 2024
Source: audioboom.com
Extinction Rebellion co-founder avoids jail term for drone action near Heathrow – The Guardian
‘Extinction Rebellion and Just Stop Oil’s co-founder Roger Hallam has avoided imprisonment after attempting to bring disruption to Heathrow airport by getting involved in an action to fly toy drones in the vicinity.’
The Guardian, 5th April 2024
Source: www.theguardian.com
Businesses braced for new recycling law challenges – BBC News
‘Cost, space and contamination are some of the worries facing business owners as a new workplace recycling law comes into force across Wales.’
BBC News, 4th April 2024
Source: www.bbc.co.uk
Environment Agency CARs Under Scrutiny: rights of appeal should generally be available to those aggrieved by these “regulatory decisions” – Francis Taylor Building
‘The common law duty of fairness was, and continues to form, a basis upon which aggrieved parties can challenge regulatory decisions in judicial review. More recently, these standards have been given a legislative footing in the Legislative and Regulatory Reform Act 2006 and the Regulators’ Code, published in April 2014 pursuant to s22 of that Act.’
Francis Taylor Building, 6th February 2024
Source: www.ftbchambers.co.uk
Mandatory Biodiversity Net Gain (BNG) Explained and Critiqued – Francis Taylor Building
‘This article sets out how the new mandatory Biodiversity Net Gain (BNG) requirements are to function, but also the missed opportunities that remain present in the legislation. Three points will be made: that the 10% BNG minimum is poor, that the scheme allows for the undoing of increased biodiversity and that there is potential for developers to bypass the hierarchy.’
Francis Taylor Building, 29th February 2024
Source: www.ftbchambers.co.uk
The Court of Appeal has held that if the Government’s interpretation of the Paris Agreement is “tenable” the courts will not interfere – Six Pump Court
‘The case concerned the UK Government’s approval of UK Export Finance’s (“UKEF”) $1.15 billion investment in a liquified natural gas project in Mozambique. UKEF is the Government’s export credit agency and its aim is to ensure that no viable UK export fails for lack of finance or insurance from the private sector.’
Six Pump Court, 16th January 2024
Source: 6pumpcourt.co.uk
