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

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Environmental Law

Landfill tax: when is waste just a lot of fluff?

Landfill tax: when is waste just a lot of fluff?

The first environmental law case decision of the new decade concerns a question that has been troubling the environmental sector for past five decades: when is something a waste?

Environmental Law

Why an application error did not invalidate an incinerator's permit

Why an application error did not invalidate an incinerator's permit

The Court of Appeal has ruled that an environmental permit based on an application containing an error is still lawful if the mistake was not material to the decision

Energy from waste

National law has final say on use of bioliquid

National law has final say on use of bioliquid

European directives do not prevent national law from excluding vegetable oils as a fuel source for power plants, the Court of Justice of the EU has ruled

Planning & land use

Planners must consider environmental impacts

Planners must consider environmental impacts

Nina Pindham: Two cases this year have indicated that widely adopted advice has contributed to decision-makers unlawfully failing to consider a development’s full environmental impacts

Environmental Law

Why the Court of Appeal dismissed Thames Water's bid to reduce its £2m penalty

Why the Court of Appeal dismissed Thames Water's bid to reduce its £2m penalty

Ned Westaway: A judgment rejecting Thames Water's attempt to lower is pollution penalty makes clear when companies can expect big fines and under what circumstances they can gain full credit for a guilty plea

Environmental Law

Impure waste: just how good is good enough?

Simon Tilling: The conviction of Biffa Waste Services Limited for shipping prohibited wastes to China has raised concern among waste exporters. But the ruling may resonate more widely

Environmental Law

Court clears up issues on air-quality challenge

The Court of Justice of the EU has clarified two issues relating to air quality sampling in a case involving a challenge to the air quality plan for the Brussels region

Renewable energy

Wind farm falls foul of nuisance noise claim

Compliance with specific noise provisions in a planning permission does not prevent claims for statutory nuisance, according to a recent ruling

Environmental assessment

‘Voluntary’ NPPF avoids strategic assessment

A recent challenge to the validity of the government’s revised National Planning Policy Framework found that even important plans do not need to undergo a strategic environmental assessment if they are not specifically required in legislation

Environmental Law

Privacy ruling opens door to nuisance claims

A case involving Tate Modern's viewing gallery shows developers cannot rely on the planning process as protection against privacy rights

Environmental Law

Should courts trump councils on health?

If decisions affecting health become subject to more intense court scrutiny, many more areas of environmental law could be opened up to challenge

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