R (on the application of ClientEarth) (Appellant) v Secretary of State for the Environment, Food and Rural Affairs (Respondent) – Supreme Court
Supreme Court, 29th April 2015
Supreme Court, 29th April 2015
‘The UK’s highest court has ruled that the government must take immediate action to cut air pollution.’
BBC News, 29th April 2015
Source: www.bbc.co.uk
‘A Supreme Court ruling this week could finally force the Government to drastically speed up its plans to deal with dangerous levels of air pollution, as a long-running battle over illegal levels of nitrogen dioxide comes to a head.’
The Independent, 12th April 2015
Source: www.independent.co.uk
‘The government will be forced to urgently clean up illegal air pollution in British cities following a ruling on Wednesday in the European court of justice. It is likely to see many diesel cars and heavy goods vehicles restricted from city centres within a few years.’
The Guardian, 19th November 2014
Source: www.guardian.co.uk
‘With statutory regulation covering an ever increasing area in Environmental Law, the question arises as to whether private law remedies have a meaningful role to play in that arena?’
Full story (PDF)
Thirty Nine Essex Street, September 2014
Source: www.39essex.com
“The UK could face legal proceedings and substantial fines from the European
Commission as a result of its failure to meet air pollution limits, an expert
has said.”
OUT-LAW.com, 3rd May 2013
Source: www.out-law.com
“The Supreme Court has taken the UK’s lack of compliance with EU legislation, Directive 2008/50 (limiting the amount of nitrogen dioxide in air) much more seriously than the courts below. It has made a declaration that the UK is in breach and has referred questions of interpretation concerning the Directive and remedies to the CJEU.”
UK Human Rights Blog, 1st May 2013
Source: www.ukhumanrightsblog.com
“The UK government has failed in its legal duty to protect people from the harmful effects of air pollution, the supreme court ruled on Wednesday.”
The Guardian, 1st May 2013
Source: www.guardian.co.uk
“The supreme court could force the government to take steps to urgently reduce dangerous air pollution in many British cities to meet European limits, following a landmark hearing this week.”
The Guardian, 7th March 2013
Source: www.guardian.co.uk
“Back in the late spring, it seemed as if ClientEarth’s claim against Defra in respect of air pollution had run into the buffers. It had been refused by the Court of Appeal, in reasons given extempore: see my earlier post before Bailii received the judgment. Not many such refused cases make it to the Supreme Court, but this one has.”
UK Human Rights Blog, 15th January 2013
Source: www.ukhumanrightsblog.com
“The Government faces a Supreme Court action this week demanding that it slash air pollution levels by 2015. Lawyers acting for the environmental charity ClientEarth are making a legal challenge to force the coalition to cut levels of lethal nitrogen dioxide (NO2) to within European Commission limits.”
The Independent, 15th July 2012
Source: www.independent.co.uk
“A newsflash, really, confirming that ClientEarth’s claim for a declaration and mandatory order against Defra in respect of air pollution was refused by the Court of Appeal, in line with the judgment below. And the lack of a link to the CA’s judgment because it is not available, I imagine, because the judgment was extempore, and it is being transcribed at the moment. Sadly, that does not necessarily mean it gets onto the public access site, Bailli, in due course: the first instance decision still languishes on subscription-only sites. So all I know is that ClientEarth’s appeal did not find favour with Laws and Pitchford LJJ, sitting with Sir John Chadwick, but this, as ClientEarth explains, may not be the end of the line.”
UK Human Rights Blog, 5th June 2012
Source: www.ukhumanrightsblog.com
“The statutory contaminated land regime has changed, with the principal change being to the definition of contaminated land. The changes took effect on 6 April.”
OUT-LAW.com, 11th April 2012
Source: www.out-law.com
“The CA has just held that Collins J was wrong to hold (per my previous post) that the local NGO had a legitimate expectation that the Secretary of State would decide an air pollution issue, rather than leave it to the Environment Agency. In a nutshell, the Inspector (and hence the Secretary of State) was entitled to change his mind on this issue. So the expectation crumbled, and so did this judicial review to quash a decision to allow a waste incinerator to proceed.”
UK Human Rights Blog, 30th March 2012
Source: www.ukhumanrightsblog.com
“Building on land contaminated by industrial pollution or even asbestos will be made easier after government regulations are published today, experts claim.”
The Guardian, 7th February 2012
Source: www.guardian.co.uk
“A Lincolnshire poultry farm has been fined for allowing ‘nauseating’ smells to affect nearby residents.”
BBC News, 24th March 2011
Source: www.bbc.co.uk
“The government has fended off the threat of £300m in fines over air pollution in London after the European commission put on hold infringement proceedings by granting the UK a time extension to meet a key air quality directive, subject to an emergency action plan.”
The Guardian, 11th March 2011
Source: www.guardian.co.uk
“A plant nursery has has been fined £10,000 after polluting five miles of a stream in Norfolk.”
BBC News, 18th November 2010
Source: www.bbc.co.uk
“A clay company has been fined for polluting a stream on the edge of Dartmoor in Devon.”
BBC News, 9th July 2010
Source: www.bbc.co.uk