ENDS' panel of environmental law experts on the implications of the latest key judgments
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A court ruling clarifying when damages are payable in cases where Japanese Knotweed has caused the amenity value of land to diminish sets an important precedent, writes Angus Evers
Earlier this year an attempt to halt the expansion of Bristol Airport on climate grounds was quashed in the High Court, but the judge’s opening remarks should give food for thought to any chief executives running a high-emitting company, writes Nina Pindham
Contrary to popular understanding – and byelaws dating back to 1989 – there is no right to camp on Dartmoor commons, according to an important judgment from the High Court. However, with the government having just made a commitment to increase public access to nature, the case is unlikely to be the last word on the topic, writes Ned Westaway
The separate legal status of one company director’s waste firm was not enough to prevent him being personally punished in the Court of Appeal for his business’ lack of environmental compliance, and senior managers across the country should take note, writes Simon Tilling
The Court has ruled that despite Brexit, certain parts of the EU-derived Habitats Directive remain enforceable by domestic courts, and has ordered the Environment Agency to prepare a plan for complying with the Directive in respect of the Broads Special Area of Conservation. However, the claimants’ victory may prove short-lived, writes Angus Evers
The court’s decision to uphold a ruling which refused planning permission for an offshore wind farm due to its impact on the landscape is likely to cause uncertainty for developers, as achievement of energy targets is not given decisive weight under the current Scottish planning system, writes Laura Tainsh
When a minerals supplier took Natural England to the High Court this year the case produced some particularly practical advice for lawyers. Nina Pindham of No.5 Barrister’s Chambers explains
A judge’s dismissal of a legal challenge against Natural England’s nutrient neutrality advice is an important restatement of the reluctance of the courts to intervene in technical cases, writes Ned Westaway
In June, judges rejected a private claim against a water company for illegal sewage discharges, reasoning that statutory oversight created by Parliament ousted the role of the court when ruling on cases where the only solution was capital investment in England’s sewerage infrastructure. The case shows why the courts will not step into this controversial fray, writes Simon Tilling
The High Court judgment on the government’s Net Zero Strategy has confirmed just how much detail is needed to discharge legal duties and allow adequate scrutiny under the Climate Change Act, and will be of relevance to all environmental professions, writes Simon Tilling
The Court of Appeal has dismissed an appeal by a former waste company director given a conditional discharge and a five-year disqualification order after being convicted of an environmental permitting offence. The case shows how non-compliance can have consequences outside of fines and community service, writes Angus Evers