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Latest News

Pigot v. The Environment Agency

13th July, 2020

As anyone in the hydro industry knows only too well, the rights to use water in a watercourse,... Read More »

“Brexit: Environment and Climate Change” – the report of the Parliamentary European Union Committee

24th February, 2017

The parliamentary European Union Committee published its report on Brexit and environmental law (“Brexit: environment and climate change”) on 14 February 2017. In addition to the mammoth task of ensuring adequate implementation of European Law into  domestic legislation post- Brexit, the report discusses the fate of “sectoral policies” such as CAP and CFP and what happens vis a... Read More »

Natural Resources Wales – State of Natural Resources Report

14th February, 2017

Natural Resources Wales (NRW) published its State of Natural Resources Report (SoNaRR) in October 2016.  This document has been prepared under s 8 of the Environment (Wales) Act 2016 – the last of a suite of new statutes including the Planning (Wales) Act 2015 and the Well-being of Future Generations (Wales) Act 2015). The key areas of the... Read More »

Planning: Powers of Entry and Human Rights

26th January, 2017

R (oao Dowley) v Secretary of State for Communities and Local Government [2016] EWHC 2618 (Admin) In this case, Mrs Justice Patterson considered a challenge to the Secretary of State’s authorisation for a nuclear power company to enter onto private land under s 53 of the Planning Act 2008 for site investigations prior to the construction of Sizewell... Read More »

Access to environmental information v confidentiality

16th January, 2017

Peter Higham v Information Commissioner and another (EA/2015/0078) Opinion of Advocate General in Case C-60/15 P Saint-Gobain Glass Deutschland GmbH v European Commission There are often tensions between the right to know and commercial confidentiality. For instance, under Regulation 5 of the Environmental Information Regulations 2004 – which implement EU Directive 2003/4/CE  on access to Environmental Information – ... Read More »

Justin Neal attends The Environmental Law Foundation Anniversary Reception at Clarence House

30th November, 2016

The Environmental Law Foundation celebrated its 25th Anniversary on Thursday 24th November with a reception at Clarence House.  Founded in 1991, the charity was set up to give ordinary people and communities a voice on matters affecting the environment. The reception was hosted by HRH The Prince of Wales, the charity’s President. In attendance was one of our... Read More »

Environmental Brexit

20th September, 2016

In June this year the UK voted to leave the European Union.  The shape of our future environmental law will depend on what direction the negotiations with Europe take and whether the UK  government wishes to retain EU – made laws. Unfortunately, we cannot predict the outcome of the negotiations and the relations with Europe, so that means... Read More »

Landmark legal ruling over Llyn Padarn dispute

2nd August, 2016

The Court of Appeal has handed down a landmark ruling in an environmental case concerning Llyn Padarn in Llanberis. It has dismissed an appeal by Seiont, Gwyrfai and Llyfni Anglers’ Society from the judgment of Mr Justice Hickinbottom on the meaning of “environmental damage” in the Environmental Liability Directive (ELD) and the Environmental Damage (Prevention and Remediation) (Wales)... Read More »

Environmental Justice

26th February, 2016

Bryn Chetwynd and Joanna Chetwynd v Barry Tunmore and Caroline Tunmore [2016] EWHC 156 (QB) S 48A Water Resources Act 1991; Foreseeability and the “but for” test Abstraction of water today is, for the most part, a regulated activity; private rights exist in the interstices of what is permitted. Whether or not there is a right in nuisance... Read More »

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