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Champion, Regina (on The Application of) v North Norfolk District Council and Another: SC 22 Jul 2015

‘The appeal concerns a proposed development by Crisp Maltings Group Ltd (‘CMGL’) at their Great Ryburgh plant in Norfolk, in the area of the North Norfolk District Council (‘the council’). It was opposed by the appellant, Mr Matthew Champion, a member of the Ryburgh Village Action Group. The proposal involved the erection of two silos … Continue reading Champion, Regina (on The Application of) v North Norfolk District Council and Another: SC 22 Jul 2015

Marktgemeinde Strasswalchen and Others v Bundesminister fur Wirtschaft, Familie und Jugen: ECJ 11 Feb 2015

ECJ Environment – Directive 85/337/EEC – Assessment of the effects of certain public and private projects on the environment – Projects which must be made subject to an assessment – Exploratory drillings – Annex 1, No 14 – Concept of ‘extraction of petroleum and natural gas for commercial purposes’ – Obligation to conduct an assessment … Continue reading Marktgemeinde Strasswalchen and Others v Bundesminister fur Wirtschaft, Familie und Jugen: ECJ 11 Feb 2015

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

Gemeinde Altrip v Land Rheinland-Pfalz: ECJ 7 Nov 2013

ECJ Request for a preliminary ruling – Environment – Directive 85/337/EEC – Environmental impact assessment – Aarhus Convention – Directive 2003/35/EC – Right to challenge a development consent decision – Temporal application – Development consent procedure initiated before the period prescribed for transposing Directive 2003/35/EC expired – Decision taken after that date – Conditions of … Continue reading Gemeinde Altrip v Land Rheinland-Pfalz: ECJ 7 Nov 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

Djurgarden-Lilla Vartans Miljoskyddsforening v Stockholms kommun genom dess marknamnd: ECJ 15 Oct 2009

ECJ Directive 85/337/EEC – Public participation in environmental decision-making procedures – Right of access to a review procedure to challenge decisions authorising projects likely to have significant effects on the environment Bonichot P [2009] EUECJ C-263/08 Bailii Directive 85/337/EEC, Directive 2003/35/EC Citing: Opinion – Djurgarden-Lilla Vartans Miljoskyddsforening v Stockholms kommun genom dess marknamnd ECJ 2-Jul-2009 … Continue reading Djurgarden-Lilla Vartans Miljoskyddsforening v Stockholms kommun genom dess marknamnd: ECJ 15 Oct 2009

Boxus And Roua (Environment And Consumers): ECJ 18 Oct 2011

ECJ Grand Chamber – Assessment of the effects of projects on the environment – Directive 85/337/EEC – Scope – Concept of ‘specific act of national legislation’ – Aarhus Convention – Access to justice in environmental matters – Extent of the right to a review procedure in respect of a legislative ac V Skouris J [2011] … Continue reading Boxus And Roua (Environment And Consumers): ECJ 18 Oct 2011

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

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

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

Ayuntamiento de Benferri v Iberdrola Distribucion Electrica: ECJ 27 Mar 2014

ECJ Preliminary ruling – Directive 85/337/EEC – Assessment of the effects of certain projects on the environment – Construction of some airlines power transmission – Expansion of electricity sub-station – Non-submission of the draft environmental assessment J. L. da Cruz Vilaca, P C-300/13, [2014] EUECJ C-300/13 Bailii Directive 85/337/EEC European, Utilities, Environment Updated: 01 November … Continue reading Ayuntamiento de Benferri v Iberdrola Distribucion Electrica: ECJ 27 Mar 2014

Jutta Leth v Republik Osterreich: ECJ 14 Mar 2013

ECJ Environment – Directive 85/337/EEC – Assessment of the effects of certain public and private projects on the environment – Consent for such a project without an appropriate assessment – Objectives of that assessment – Conditions to which the existence of a right to compensation are subject – Whether protection of individuals against pecuniary damage … Continue reading Jutta Leth v Republik Osterreich: ECJ 14 Mar 2013

Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: Admn 14 May 2010

The claimant challenged the order allowing the demolition of a disused listed building saying that the Direction was contrary to European law in not requiring an Environmental Impact Assessment (EIA). The Secretary of State said an EIA was not required for a demolition. Held: The challenge was rejected. Whether an EIA was required for a … Continue reading Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: Admn 14 May 2010

Commission v Spain: ECJ 8 Sep 2005

References: C-121/03 ECJ Failure of a Member State to fulfil obligations – Directives 75/442/EEC and 91/156/EEC – Meaning of ‘waste’ – Directives 85/337/EEC and 97/11/EC – Assessment of the effects of certain public and private projects on the environment – Directive 80/68/EEC – Protection of groundwater against pollution caused by certain dangerous substances – Directive … Continue reading Commission v Spain: ECJ 8 Sep 2005