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ENDS' panel of environmental law experts on the implications of the latest key judgments

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Litigation

Why the Environment Agency is no longer a nuisance

Why the Environment Agency is no longer a nuisance

Angus Evers: Can regulators such as the Environment Agency (EA) cause a nuisance when they exercise their statutory powers? The answer it seems depends on the circumstances.

Environmental Law

Corporate duty of care can transcend borders

Corporate duty of care can transcend borders

Firms have long been held responsible in the eyes of the public, if not the law, for the activities of their subsidiaries abroad, but recent cases show the courts are catching up

Regulation

Public bodies need to be reliable regulators

Public bodies need to be reliable regulators

When exercising statutory powers and making decisions, public bodies are bound to act fairly, reasonably and lawfully, and in accordance with publicised criteria and thresholds

Planning & land use

Are indirect emissions a step too far for EIA?

Are indirect emissions a step too far for EIA?

A recent High Court ruling has held that a requirement introduced by Directive 2014/52/EU for environmental impact assessments to assess climate impacts, including the nature and magnitude of greenhouse gas emissions, does not extend to indirect emissions from an oil extraction project

Waste

Is Brexit an opportunity to redefine waste?

Is Brexit an opportunity to redefine waste?

Another ‘is it waste?’ judgment from the European Court of Justice demonstrates the ongoing challenges for operators and regulators in interpreting EU waste law, and again highlights the inherent tension between protecting the environment and allowing materials back into the ‘circular economy'

Environmental Law

Avoided waste costs are proceeds of crime

Angus Evers: A recent ruling finding that the avoided cost of removing illegally stored waste can be subject to proceeds of crime laws has implications for landowners with tenants running a waste business

Renewable energy

Court quashes crofters’ community wind plans

Crofting land in Scotland cannot be used for community wind farm development if it harms the landowner’s interests, a court has upheld on appeal

Environmental Law

The climate ruling that could limit UK’s wriggle room

Nina Pindham: A recent case in the Irish Supreme Court could have implications for how the UK government may be held to account for meeting its carbon budgets

Access to justice

Court clarifies rights under Aarhus cost rules

Ned Westaway: A recent High Court ruling clarifies the role of interested parties, but also throws up new challenges to the convention’s aim of ensuring access to environmental justice

Regulation

Why firms should beware of exceeding limits for exemptions

The interaction between environmental permitting and registered exemptions can often be confusing, especially for those new to environmental law and regulation

Regulation

When do regulators become a nuisance?

The High Court has found the Environment Agency liable for causing a nuisance, even though it was exercising its statutory powers.

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