Targets for reduction in sewage outflow not unlawful, says High Court – UK Human Rights Blog

‘The King (on the application of Wildfish Conservation v Secretary of State for the Environment, Food and Rural Affairs and the Environment Agency (Defendant) and the Water Services Regulation Authority (Interested Parties) [2023] EWHC 2285 (Admin). In 2022, there were over three hundred thousand incidents of overflow into coastal waters, freshwater rivers and estuaries from sewerage works in the UK, following heavy rainfall. The most common cause of the overflows studied was rainwater entering sewers with insufficient capacity.’

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UK Human Rights Blog, 28th September 2023

Source: ukhumanrightsblog.com

Competition Appeal Tribunal gives first judgment under Subsidy Control Act 2022 – OUT-LAW.com

Posted September 21st, 2023 in competition, local government, news, waste by sally

‘The Competition Appeal Tribunal (CAT) has handed down judgment on the first application for review of a subsidy decision under the Subsidy Control Act 2022, dismissing the application made by a local business against a Durham County Council decision on the basis that it did not involve the grant of a subsidy.’

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OUT-LAW.com, 19th September 2023

Source: www.pinsentmasons.com

Government may have broken law over sewage – watchdog – BBC News

Posted September 12th, 2023 in environmental protection, government departments, news, sewerage, waste, water by tracey

‘The UK’s environment watchdog suspects the government and regulators have broken the law over how it regulates sewage releases.’

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BBC News, 12th September 2023

Source: www.bbc.co.uk

The UK’s first case under the Subsidy Control Act 2022 – Local Government Lawyer

Posted August 11th, 2023 in appeals, competition, local government, news, waste by tracey

‘Jonathan Branton and Alexander Rose consider the lessons which can be learned from the Competition Appeal Tribunal’s decision in the Durham Company Limited v Durham County Council.’

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Local Government Lawyer, 11th August 2023

Source: www.localgovernmentlawyer.co.uk

Public could receive hundreds of millions as water firms face sewage lawsuit – The Guardian

‘The public could receive hundreds of millions of pounds in compensation in the first class action against water companies which are alleged to have failed to reveal the true scale of raw sewage discharges, and abused their position as privatised monopolies.’

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The Guardian, 9th August 2023

Source: www.theguardian.com

Swindon resident fined for fly-tipping as council cracks down – BBC News

Posted July 24th, 2023 in fines, local government, news, waste by tracey

‘A person has been issued with a £400 fixed penalty notice (FPN) as a council cracks down on fly-tipping.’

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BBC News, 24th July 2023

Source: www.bbc.co.uk

Loophole lets farmers pollute England’s rivers with excess manure – report – The Guardian

‘A loophole in pollution legislation allows farmers to pollute rivers by spreading excess manure, an investigation has found, with those acting unlawfully not facing any action in most cases.’

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The Guardian, 13th July 2023

Source: www.theguardian.com

Cardiff: Hailey Park sewage pumping station legal bid starts – BBC News

Posted June 30th, 2023 in judicial review, local government, news, parks, planning, sewerage, Wales, waste, water by tracey

‘A judicial review of plans to build a sewage pumping station in a popular park has begun.’

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BBC News, 29th June 2023

Source: www.bbc.co.uk

Raw sewage in the Court of Appeal – UK Human Rights Blog

Posted February 22nd, 2023 in appeals, environmental health, human rights, judicial review, news, pollution, waste, water by tracey

‘The pumping of raw, untreated sewage into Britain’s waterways is one of the defining political issues of the day. Its potency as a legal issue, however, is limited. That, at least, is the outcome of R (Wild Justice) v OFWAT [2023] EWCA Civ 28.’

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UK Human Rights Blog, 21st February 2023

Source: ukhumanrightsblog.com

High Court agrees to hear ancient common law argument in claim government sewage overflow plan is unlawful – Local Government Lawyer

‘The High Court has agreed to hear two judicial review claims of the government’s plan to reduce the discharge of untreated sewage into bodies of water in England, including one claim which argues a seven hundred-year-old common law right has been ignored.’

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Local Government Lawyer, 15th February 2023

Source: www.localgovernmentlawyer.co.uk

High court grants hearing on ‘weak’ plan to cut England sewage discharges – The Guardian

‘Campaigners are to make a high court challenge to the government’s plan to reduce raw sewage discharges into rivers and seas in England, arguing it does not go far enough.’

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The Guardian, 14th February 2023

Source: www.theguardian.com

Fine for Apley fly-tipper linked to Amazon package – BBC News

Posted August 19th, 2022 in fines, news, waste by tracey

‘A resident has been given a £400 fly-tipping fine after an empty Amazon package found among dumped rubbish was traced back to them.’

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BBC News, 19th August 2022

Source: www.bbc.co.uk

Court of Appeal upholds High Court decision limiting private law actions in pollution disputes – Local Government Lawyer

‘The Court of Appeal has confirmed a judgment of the High Court that affected parties do not have a right to bring private law actions against water companies over unauthorised discharges of sewage.’

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Local Government Lawyer, 28th June 2022

Source: www.localgovernmentlawyer.co.uk

Recommendations to improve safety of coal tips in Wales – Law Commission

Posted March 25th, 2022 in climate change, environmental health, Law Commission, miners, news, Wales, waste by tracey

‘Law Commission recommendations for a new safety regime would help to protect against a range of threats to coal tip safety and ensure all tips are dealt with in a consistent way.’

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Law Commission, 24th March 2022

Source: www.lawcom.gov.uk

Serial fly-tipper jailed after three councils pool legal resources and bring joint prosecution – Local Government Lawyer

Posted March 10th, 2022 in local government, news, prosecutions, sentencing, waste by tracey

‘A joint prosecution by three councils has seen a serial fly-tipper sentenced to 21 months in prison and his van seized. Hillingdon Council teamed up with Buckinghamshire Council and Sutton Council to tackle what was described as Dean Stanley’s “deliberate and flagrant” campaign of dumping.’

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Local Government Lawyer, 10th March 2022

Source: www.localgovernmentlawyer.co.uk

Environment Agency downgrading 93% of prosecutions for serious pollution – The Guardian

‘England’s Environment Agency has downgraded 93% of prosecutions for serious pollution over four years, despite recommendations from frontline staff for the perpetrators to face the highest sanction, a leaked report seen by the Guardian reveals.’

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The Guardian, 2nd March 2022

Source: www.theguardian.com

Court of Appeal dismisses appeal over council waste collection and alleged state aid – Local Government Lawyer

Posted February 3rd, 2022 in competition, EC law, local government, news, state aids, waste by sally

‘Durham County Council did not abuse its position when it ran a commercial waste service with which private firms competed, the Court of Appeal has concluded.’

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Local Government Lawyer, 3rd February 2022

Source: www.localgovernmentlawyer.co.uk

Bucking the Trend on Specific Performance Buckinghamshire Council v FCC Buckinghamshire Limited – Local Government Lawyer

Posted January 24th, 2022 in contracts, local government, news, third parties, waste by tracey

‘Clare Mendelle and James Hughes highlight the wide definition of Third-Party Income and the measures the courts are prepared to take to enforce the terms of longstanding contracts, by analysing the Buckinghamshire Council v FCC Buckinghamshire Limited case.’

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Local Government Lawyer, 21st January 2022

Source: www.localgovernmentlawyer.co.uk

Fly-tipping: Government plans to tackle ‘new narcotics’ of waste crime – BBC News

Posted January 21st, 2022 in environmental health, government departments, news, waste by sally

‘The government has announced plans to tackle what the head of the Environment Agency has called the “new narcotics” of fly-tipping and waste crime.’

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BBC News, 21st January 2022

Source: www.bbc.co.uk

Bakery handed £26k fine after dishwasher pollutes stream – Local Government Lawyer

Posted January 21st, 2022 in environmental protection, fines, local government, news, pollution, Wales, waste, water by sally

‘A Natural Resources Wales (NRW) prosecution has seen a bakery fined for polluting a stream with its dishwasher.’

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Local Government Lawyer, 20th January 2022

Source: www.localgovernmentlawyer.co.uk