Habitats Directive puts onus on applicants to prove no risk

Dealing with uncertainties is an inherent challenge in complex assessments of environmental risks. A recent High Court decision has provided a valuable summary of the legal principles concerning assessment under the EU Habitats Directive.

The court has also stressed the extent to which the burden is on developers to provide information to the decision-making?authorities if they want to avoid an adverse decision, despite the difficulties of doing so where there are large gaps in scientific knowledge.