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Regina v Ministry of Agriculture, Fisheries and Food and Commissioners of Customs and Excise, ex parte National Farmers’ Union and others: ECJ 5 May 1998

Land from which nitrates were leeching off into rivers causing pollution, had to be designated as environmentally vulnerable land, if agricultural activities were a substantial even if only partially cause of the pollution. ‘As regards . . . the principle of proportionality, it is settled law that, in order to establish whether a provision of … Continue reading Regina v Ministry of Agriculture, Fisheries and Food and Commissioners of Customs and Excise, ex parte National Farmers’ Union and others: ECJ 5 May 1998

Earth Walloon ASBL v Walloon Region; Inter-Environnement Wallonie ASBL v Walloon Region: ECJ 4 Mar 2010

ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programs on the environment – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources – Action Programmes on the designated vulnerable zonesAG Kokott set out the background to the SEA Directive, saying: ‘The specific objective pursued by the … Continue reading Earth Walloon ASBL v Walloon Region; Inter-Environnement Wallonie ASBL v Walloon Region: ECJ 4 Mar 2010

Walton v The Scottish Ministers: SC 17 Oct 2012

The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation required by the Strategic Environmental Assessment Directive (‘the SEA Directive’), and that that the scope of the public … Continue reading Walton v The Scottish Ministers: SC 17 Oct 2012

Ezeemo and Others v Regina: CACD 16 Oct 2012

The defendants had been charged with offences relating to their intended transporting of waste materials to Nigeria. They appealed, complaining that the judge had directed that the offence under regulation 23 was an offence of strict liability. Held: The appeals failed. Once a substance or object has been discarded (and has therefore become waste) the … Continue reading Ezeemo and Others v Regina: CACD 16 Oct 2012