Legal insight 

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

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Environmental Law

Why a ruling upholding approval for an oil well extension fails to rule ...

SImon Tilling, partner, Steptoe & Johnson

A recent case left the Court of Appeal split on whether emissions from the downstream use of fossil fuels should be the subject of environmental impact assessment, indicating that future decisions will be made on a case-by-case basis... Read more

Environmental Law

Why a legal challenge born of frustration over government progress on climate policy failed to gain traction

Angus Evers, partner, Shoosmiths

A failed attempt to find that the government had not met its own climate change commitments, impacting on human rights, reflects the frustration some climate change campaigners have with the political process

Environmental Law

Legal comment: Landscape may outweigh climate in wind farm decisions, finds Scottish court

Laura Tainsh

The considerable discretion afforded to those determining consent applications for onshore wind farms has been confirmed in a case brought before the Outer House of the Court of Session

Environmental Law

Is a battery storage facility legally a power station?

Nina Pindham

Northern Ireland’s High Court has backed a judicial review claim that the planning regime should not treat battery storage facilities in the same way as electricity generating stations

Environmental Law

Why a 'green restart' transport plan may face further tests

Ned Westaway, barrister, Francis Taylor Building

Ned Westaway: A London council’s emergency transport plan, introduced to bring about a greener recovery for its streets after covid, can be put in place without an assessment of its wider air quality impacts, the High Court has ruled, but making it permanent is likely to require more scrutiny

Environmental Law

What the Walleys Quarry ruling tells us about the growing role of science in environmental law

A ruling that set a landfill gas emissions limit for the Environment Agency to enforce to protect the health of a vulnerable child shows the approach courts are taking in the face of scientific uncertainty, particularly where there is a lack of consensus on safe chemical limits

Environmental Law

How a failure to disclose breaches took the shine off a waste company deal

Angus Evers: A recent High Court ruling shows the impact that poor environmental compliance can have on a company’s value and the importance of full and frank disclosure in business dealings

Environmental Law

Ruling places burden of remedying storm discharge nuisance claims on regulators

Nina Pindham: In a decision that is unlikely to please any of the parties involved, the High Court has ruled that it is the role of the regulator and not the courts to address nuisance resulting from the discharge of untreated sewage during storms

Products & Chemicals

Will the UK courts play referee on chemicals?

A judgment from the European Court of Justice earlier this year holding that the European Commission must take a more robust approach to its quasi-political decisions on authorising the use of chemicals, could have major implications for UK chemicals regulations

Litigation

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

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

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