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Edwards, Regina (on the application of) v Environment Agency: HL 16 Apr 2008

The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate. Held: The Agency had been justified in allowing the application in the form presented. Nor had there been inadeqate disclosure. Everything which was required to be … Continue reading Edwards, Regina (on the application of) v Environment Agency: HL 16 Apr 2008

Edwards v Environment Agency: ECJ 18 Oct 2012

ECJ (Opinion) Aarhus Convention – Directive 2003/35/EC – Directive 85/337/EEC – Assessment of the effects of projects on the environment – Directive 96/61/EC – Integrated pollution prevention and control – Access to justice – Concept of ‘prohibitively expensive’ judicial proceedings Judges: Kokott AG Citations: C-260/11, [2012] EUECJ C-260/11 Links: Bailii Statutes: Directive 85/337/EEC, Directive 2003/35/EC, … Continue reading Edwards v Environment Agency: ECJ 18 Oct 2012

Niels Mollerv Haderslev Kommune: ECJ 15 Dec 2011

moller_hadersleyECJ2011 ECJ Integrated pollution prevention and control – Directive 96/61/EC – Annex I, subheading 6.6(c) – Installations for the intensive rearing of pigs with more than 750 places for sows – Inclusion or non-inclusion of places for gilts Judges: Schiemann P Citations: C-585/10, [2011] EUECJ C-585/10 Links: Bailii Statutes: Directive 96/61/EC European, Agriculture Updated: 04 … Continue reading Niels Mollerv Haderslev Kommune: ECJ 15 Dec 2011

Commission v Spain C-29/01: ECJ 7 Mar 2002

Failure by a Member State to fulfil its obligations – Failure to transpose Directive 96/61/EC Citations: C-29/01, [2002] EUECJ C-29/01, [2002] ECR I-2503 Links: Bailii Jurisdiction: European European Updated: 11 June 2022; Ref: scu.168149

Furness and Others v Thames Water Services Ltd, Environment Agency: Admn 17 Dec 2001

The Environment Agency had granted a licence for the incineration of waste, and this was challenged by the claimants, on the basis of the respondents having failed to comply with the procedures required by the Act and Regulations. The regulations included transitional procedures. They said the Agency had no standing under the Act to issue … Continue reading Furness and Others v Thames Water Services Ltd, Environment Agency: Admn 17 Dec 2001

European Commission v United Kingdom of Great Britain And Northern Ireland: ECJ 13 Feb 2014

ECJ Failure of a Member State to fulfil obligations – Public participation in decision-making and access to justice in environmental matters – Concept of ‘not prohibitively expensive’ judicial proceedings R Silva de Lapuerta, P [2014] EUECJ C-530/11, [2014] Env LR D2, [2014] 3 WLR 853, ECLI:EU:C:2014:67, [2014] 3 CMLR 6, [2014] WLR(D) 69 Bailii, WLRD … Continue reading European Commission v United Kingdom of Great Britain And Northern Ireland: ECJ 13 Feb 2014

Edwards v Environment Agency (No 2): ECJ 11 Apr 2013

ECJ Environment – Aarhus Convention – Directive 85/337/EEC – Directive 2003/35/EC – Article 10a – Directive 96/61/EC – Article 15a – Access to justice in environmental matters – Meaning of ‘not prohibitively expensive’ judicial proceedings L Bay Larsen, acting as P [2013] EUECJ C-260/11, [2013] WLR(D) 136, [2013] 1 WLR 2914, [2013] 3 CMLR 18, … Continue reading Edwards v Environment Agency (No 2): ECJ 11 Apr 2013

Edwards and Another, Regina (on The Application of) v Environment Agency and Others (No 2): SC 11 Dec 2013

The court considered the consequences of a finding that the UK was in breach of the Aarhus Convention, as regards the ‘prohibitively expensive’ cost of proceedings. The Agency had given permission for the change of fuel for a cement works to shredded tyres, and the applicants had mounted a sustained challenge. The applicants had not … Continue reading Edwards and Another, Regina (on The Application of) v Environment Agency and Others (No 2): SC 11 Dec 2013

European Commission v United Kingdom of Great Britain And Northern Ireland: ECJ 12 Sep 2013

ECJ Opinion – Aarhus Convention – Directive 2003/35/EC – Access to justice – Concept of ‘prohibitively expensive’ judicial procedures – Transposition Kokott AG C-530/11, [2013] EUECJ C-530/11 Bailii Directive 2003/35/EC European Citing: See Also – Edwards v Environment Agency (No 2) ECJ 11-Apr-2013 ECJ Environment – Aarhus Convention – Directive 85/337/EEC – Directive 2003/35/EC – … Continue reading European Commission v United Kingdom of Great Britain And Northern Ireland: ECJ 12 Sep 2013

Edwards and Another, Regina (on The Application of) v Environment Agency and Others: SC 15 Dec 2010

Clarification was sought of the costs principles applicable on an application to the House of Lords. The paying party said that it was a requirement of the 1998 Convention under which the application fell, that a remedy should not be available only at prohibitive expense. The costs officers asked how the principle should be applied. … Continue reading Edwards and Another, Regina (on The Application of) v Environment Agency and Others: SC 15 Dec 2010

Krizan and Others v Slovenska Inspekcia Zivotneho Prostredia: ECJ 15 Jan 2013

kirzan_sizpECJ2013 ECJ (Grand Chamber) Article 267 TFEU – Annulment of a judicial decision – Referral back to the court concerned – Obligation to comply with the annulment decision – Reference for a preliminary ruling – Whether possible – Environment – Aarhus Convention – Directive 85/337/EEC – Directive 96/61/EC – Public participation in the decision-making process … Continue reading Krizan and Others v Slovenska Inspekcia Zivotneho Prostredia: ECJ 15 Jan 2013