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

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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'... Read more

Environmental Law

Avoided waste costs are proceeds of crime

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

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

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

Court clarifies rights under Aarhus cost rules

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.

Enforcement

Don’t try to blame SSSI convictions on your lawyer

An individual found guilty of criminal action under the Wildlife and Countryside Act 1981 for removing trees at a protected site also failed to claim against his solicitors in a subsequent civil action

Environmental Law

Heathrow ruling raises climate bar for infrastructure projects

The Court of Appeal’s recent, unanimous, ruling that the government’s decision to expand Heathrow airport was unlawful has wide implications for all decision-makers across both the public and private sectors

Environmental Law

Legal comment: Why privatisation is no bar to public accountability

Two recent decisions by the information commissioner suggest that when it comes to requests under the Environmental Information Regulations, many private companies performing public services may also fall under disclosure obligations

Environmental Law

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?

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