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... Read more
ENDS' panel of environmental law experts on the implications of the latest key judgments
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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.
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
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
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
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'
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
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
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
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
The interaction between environmental permitting and registered exemptions can often be confusing, especially for those new to environmental law and regulation
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