‘More than £1.5m will go to projects that help wildlife and the environment as companies pay for breaking green laws, the Environment Agency has said.’
The Guardian, 30th January 2017
Source: www.guardian.co.uk
‘Southern Water has been fined a record £2m for flooding beaches in Kent with raw sewage, leaving them closed to the public for nine days.’
The Guardian, 19th December 2016
Source: www.guardian.co.uk
‘The rogue practice of removing vital pollution filters from the exhausts of diesel vehicles has suffered a blow with the Advertising Standards Agency for the first time banning an advert for the service.’
The Guardian, 14th December 2016
Source: www.guardian.co.uk
‘Four local authorities have formally served legal papers accusing the Government of unlawfully supporting the expansion of Heathrow.’
Local Government Lawyer, 12th December 2016
Source: www.localgovernmentlawyer.co.uk
‘R (ClientEarth No.2) v Secretary of State for Environment, Food & Rural Affairs, Garnham J, 21 November 2016. A quick follow-up ruling to the judgment of 2 November (here) in which the UK’s air pollution plans under EU and domestic laws were found wanting by the Administrative Court. The pollutant was nitrogen dioxide – a major product of vehicle exhaust fumes.’
UK Human Rights Blog, 23rd November 2016
Source: www.ukhumanrightsblog.com
‘It was reasonable for a council to apply for an interim injunction against a company over allegations of a bad odour from its vegetable processing plant, a High Court judge has ruled.’
Local Government Lawyer, 3rd November 2016
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has this week quashed the Government’s Air Quality Plan 2015 over its failure to bring the UK into compliance with the law “as soon as possible”.’
Local Government Lawyer, 3rd November 2016
Source: www.localgovernmentlawyer.co.uk
‘The High Court has ruled against the Government over its failure to tackle illegal air pollution.’
The Independent, 2nd November 2016
Source: www.independent.co.uk
‘The owners of a farm responsible for a smell known as the “Stoulton Stink” have been sentenced this month, after a district council successfully appealed in the summer to the High Court.’
Local Government Lawyer, 24th October 2016
Source: www.localgovernmentlawyer.co.uk
‘UK air quality law now finds itself at a crossroads. Air quality law is a well-established area of environmental law, having been at the vanguard of much of it. It is a well-established area across multiple levels of governance, with local and national regulation in the UK operating against a backdrop of binding EU standards and an international law framework for transboundary air pollution (the 1979 Geneva Convention on Long-Range Transboundary Air Pollution (CLRTAP)). This multilevel body of law highlights that air pollution is a problem that has many sources – local, transboundary, stationary, mobile, manmade, natural – which act and interact via complex pollution pathways, leading to a range of regulatory responses within and beyond jurisdictional boundaries.’
OUP Blog, 3rd October 2016
Source: www.blog.oup.com
‘A High Court Judge has rejected a judicial review challenge to overturn the proposal for a cruise liner terminal at Enderby Wharf, London.’
OUT-LAW.com, 15th August 2016
Source: www.out-law.com
‘Leading group action law firm Leigh Day has been found guilty of professional negligence after 6,624 of the claimants it represented in the high-profile Trafigura case were not paid their share of the £30m settlement.’
Legal Futures, 17th June 2016
Source: www.legalfutures.co.uk
‘The government spent at least £105,000 in legal costs while fighting and losing a court challenge over illegal levels of air pollution, according to data released through freedom of information rules, and now faces further bills from a new case it is contesting.’
The Guardian, 11th May 2016
Source: www.guardian.co.uk
‘The UK government is to be sued in the high court over its air pollution plans, just a year after losing at the supreme court and being ordered to fulfil its legal duty to cut pollution rapidly.’
The Guardian, 28th April 2016
Source: www.guardian.co.uk
‘The government faces a new legal challenge to force it to speed up and improve measures to tackle air pollution in British cities. Environmental law group ClientEarth has asked the high court to urgently review the Department for Environment, Food and Rural Affairs’ (Defra) latest plans to meet EU targets on the toxic gas NO2 which is emitted from vehicles and industry and is thought to kill about 25,000 people in the UK a year.’
The Guardian, 18th March 2016
Source: www.guardian.co.uk
Planning, Environment & Property Newsletter (PDF)
39 Essex Chambers, February 2016+
Source: www.39essex.com
‘The UK government has been warned to drastically reduce air pollution or face renewed legal action.’
BBC News, 1st March 2016
Source: www.bbc.co.uk
‘“Damage” as defined in article 2(2) of Parliament and Council Directive 2004/35/EC on environmental liability was restricted to a deterioration in the environmental situation and did not, in addition, include the prevention of an existing, already damaged environmental state from achieving a level which was acceptable in environmental terms or a deceleration in such achievement.’
WLR Daily, 17th December 2015
Source: www.iclr.co.uk
‘Earlier this month judgment was handed down by the Court of Appeal in R v Thames Water Utilities Ltd [2015] EWCA Crim 960, examining what should be done when a corporate offender’s turnover is so large that it falls outside the scale set down in the sentencing guidelines. This is the first case of its kind to come before the Court of Appeal since publication of the Definitive Guideline for Environmental Offences by the Sentencing Council in July 2014. Rejecting Thames Water’s appeal against a £250,000 fine, the court said that fines levied against very large companies “had to bring home the appropriate message to the directors and shareholders of the company” and could go as high as 100% of pre-tax profits. ‘
Henderson Chambers, June 2015
Source: www.hendersonchambers.co.uk
‘R (ClientEarth) v Secretary of State for Environment, Food & Rural Affairs, Supreme Court, 29 April 2015. Bit of a history to this one, with 5 hearings so far. The short version is that in May 2013, the UK Supreme Court (here), faced with the UK’s non-compliance with EU Directive 2008/50 (nitrogen dioxide etc in air), decide to refer various issues to the CJEU in Luxembourg. In 2014, the CJEU said its piece, (C404-13 and my post here), and its views are now considered by the Supreme Court, hence this second SC judgment.’
UK Human Rights Blog, 30th April 2015
Source: www.ukhumanrightsblog.com
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