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

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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

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?

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

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?

Environmental Law

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

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

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

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