Category: Environment

MWH Associates Ltd v Wrexham County Borough Council: UTLC 19 Jul 2011

UTLC COMPENSATION – modification order – review of mineral planning permission under Environment Act 1995 – basis of claim – whether depreciation of the value of land or loss of profits – Habitats Regulations 1994 – proposed use contrary to law – insufficient evidence to establish depreciation of value of land – whether loss directly attributable to modification order – claimant not intending to work the land – derogation licence to translocate great crested newts would not have been granted in absence of modification order – no compensation payable

Citations:

[2011] UKUT 269 (LC)

Links:

Bailii

Statutes:

Environment Act 1995

Jurisdiction:

England and Wales

Cited by:

Appeal from – MWH Associates Ltd v Wrexham County Borough Council CA 28-Nov-2012
. .
Lists of cited by and citing cases may be incomplete.

Planning, Environment

Updated: 20 September 2022; Ref: scu.445671

The Air Transport Association of America and Others: ECJ 6 Oct 2011

ECJ Environment – Greenhouse gases – Emission allowances – EU scheme for greenhouse gas emission allowance trading (‘EU emissions trading scheme’) – Inclusion of aviation activities – International aviation – Public international law – Compatibility of secondary European Union legislation with international agreements and customary international law – Directives 2003/87/EC and 2008/101/EC

Citations:

C-366/10, [2011] EUECJ C-366/10, [2011] EUECJ C-366/10

Links:

Bailii, Bailii

Jurisdiction:

European

Environment

Updated: 20 September 2022; Ref: scu.445414

Valciukiene And Others v Pakruojo: ECJ 22 Sep 2011

ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Plans which determine the use of small areas at local level – Article 3(3) – Documents relating to land planning at local level relating to only one subject of economic activity – Assessment under Directive 2001/42/EC precluded in national law – Member States’ discretion – Article 3(5) – Link with Directive 85/337/EEC – Article 11(1) and (2) of Directive 2001/42/EC

Judges:

J-C Bonichot P

Citations:

C-295/10, [2011] EUECJ C-295/10, [2012] Env LR 283, [2012] 2 CMLR 21

Links:

Bailii

Statutes:

Directive 2001/42/EC, Directive 85/337/EEC, Directive 2001/42/EC

Cited by:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

European, Planning, Environment

Updated: 20 September 2022; Ref: scu.444671

Commission v Spain: ECJ 22 Sep 2011

ECJ Failure to fulfill obligations – Habitats Directive – Conservation of natural habitats – Wild fauna and flora – Article 4, paragraph 4, and 6, paragraphs 1 and 2 – Establishment of priorities for special areas of conservation and protection Adequate to them – No guarantee of adequate legal protection of special conservation areas located in the Canary Islands

Citations:

C-90/10, [2011] EUECJ C-90/10

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 20 September 2022; Ref: scu.444664

Commission of the European Communities v Grand-duche de Luxembourg: ECJ 15 Jan 2002

ECJ 1 By application lodged at the Court Registry on 8 May 2001, the Commission of the European Communities brought an action under Article 226 EC for a declaration that the Grand Duchy of Luxembourg had failed to fulfil its obligations under Article 1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32) (hereinafter `Directive 75/442′), and Commission Decision 94/3/EC of 20 December 1993 establishing a list of wastes pursuant to Article 1(a) of Directive 75/442 (OJ 1994 L 5, p. 15). 2 Article 1(a) of Directive 75/442 provides as follows: `For the purposes of this Directive: (a) ‘waste’ shall mean any substance or object in the categories set out in Annex I which the holder discards or intends or is required to discard. The Commission, acting in accordance with the procedure laid down in Article 18, will draw up, not later than 1 April 1993, a list of wastes belonging to the categories listed in Annex I. This list will be periodically reviewed and, if necessary, revised by the same procedure’. 3 The list referred to in the above provision was adopted by the Commission, under the title `European Waste Catalogue’ (EWC), by Decision 94/3. According to point 5 of the introductory note of the annex to that decision: `The EWC is to be a reference nomenclature providing a common terminology throughout the Community with the purpose to improve the efficiency of waste management activities….’ 4 The EWC was incorporated into Luxembourg law by the circular of the Minister for the Environment of 20 November 1998 introducing a waste nomenclature (Memorial A 1998, p. 2548). According to the first indent of point 1 of that circular: `This circular has two objectives – to introduce a Luxembourg waste nomenclature – to take over the European Waste Catalogue (EWC).’ 5 In accordance with the procedure provided for in the first paragraph of Article 226 EC, the Commission, after giving the Grand Duchy of Luxembourg an opportunity to submit observations, by letter of 25 July 2000 delivered a reasoned opinion calling upon that Member State to take the necessary measures to comply therewith within two months of notification of the opinion. Since the Grand Duchy of Luxembourg failed to do so, the Commission brought the present action. 6 The Commission submits that the Grand Duchy of Luxembourg infringed Article 1(a) of Directive 75/442 and Decision 94/3, first, by incorporating the EWC by means of a ministerial circular binding on the administration but not on third parties, and, second, by introducing alongside the EWC a purely Luxembourg nomenclature differing from the EWC and having the effect of excluding the use of the EWC for a large number of operations in which the classification of waste is taken into account. 7 The Luxembourg Government does not dispute the Commission’s submissions, but states that a Grand Ducal regulation ensuring integral and accurate use of the EWC is due to enter into force on 1 January 2002. 8 It is settled case-law that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and the Court cannot take account of any subsequent changes (see, inter alia, Case C-261/98 Commission v Portugal [2000] ECR I-5905, paragraph 25). 9 As the Luxembourg Government does not dispute that it did not adopt the necessary measures to comply with Article 1(a) of Directive 75/442 and Decision 94/3, the Commission’s action must be regarded as well founded. 10 It must therefore be held that the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 1(a) of Directive 75/442 and Decision 94/3.

Citations:

C-196/01, [2002] EUECJ C-196/01

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 16 September 2022; Ref: scu.167462

Seaport (NI) Ltd, Magherafelt District Council and Others v Department of the Environment for Northern Ireland: ECJ 14 Jul 2011

ECJ Opinion – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Consultation procedure – Designation of the authorities with environmental responsibilities – Time-limits set for the purposes of the consultation procedure.

Judges:

Bot AG

Citations:

C-474/10, [2011] EUECJ C-474/10

Links:

Bailii

Statutes:

Directive 2001/42/EC

Jurisdiction:

European

Cited by:

Opinion – Seaport (NI) Ltd, Magherafelt District Council and Others v Department of the Environment for Northern Ireland ECJ 20-Oct-2011
Reference for a preliminary ruling – Directive 2001/42/EC – Article 6 – Designation, for consultation purposes, of an authority likely to be concerned by the environmental effects of implementing plans and programmes – Possibility of authority to be . .
Lists of cited by and citing cases may be incomplete.

European, Environment

Updated: 16 September 2022; Ref: scu.441856

Commission v Belgium (Environment And Consumers): ECJ 30 Sep 2004

ECJ Failure to fulfill obligations – Directive 2001/18 / EC – Deliberate release of genetically modified organisms into the environment – Failure to implement within the prescribed period

Citations:

C-417/03, [2004] EUECJ C-417/03

Links:

Bailii

Statutes:

Directive 2001/18/EC

Jurisdiction:

European

Environment

Updated: 16 September 2022; Ref: scu.214651

Attorney General’s Reference (No 1 of 1994): CACD 31 Jan 1995

‘Causing’ polluting of water may be committed jointly as a result of combining different acts. A lack of maintenance can make a sewage system operator guilty of causing a leak.

Citations:

Gazette 08-Mar-1995, Independent 31-Jan-1995, Times 26-Jan-1995

Statutes:

Water Act 1989 107

Jurisdiction:

England and Wales

Environment

Updated: 13 September 2022; Ref: scu.77966

Buglife, Regina (on The Application of) v Natural England: Admn 30 Mar 2011

The court established a new principle (concerning time limits for starting judicial review proceedings and the effect of the ECJ’s decision in Uniplex) and extended the law (concerning multi-stage EIAs provided for by the Town and Country Planning (Environmental Impact Assessment (Amendment) (England) Regulations 2008).

Judges:

Anthony Thornton QC J

Citations:

[2011] EWHC 746 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Judicial Review, Environment

Updated: 12 September 2022; Ref: scu.440073

Boxus And Roua (Environment And Consumers): ECJ 19 May 2011

ECJ Environmental impact assessment – Concept of ‘specific national legislative act’ – Access to justice in environmental matters – Extent of right to judicial remedy.

Judges:

Sharpston AG

Citations:

C-135/09, [2011] EUECJ C-135/09

Links:

Bailii

Jurisdiction:

European

Cited by:

See Also – Boxus And Roua (Environment And Consumers) ECJ 19-May-2011
ECJ Environmental impact assessment – Concept of ‘specific national legislative act’ – Access to justice in environmental matters – Extent of right to judicial remedy. . .
Linked Cases – Boxus And Roua (Environment And Consumers) ECJ 19-May-2011
ECJ Environmental impact assessment – Concept of ‘specific national legislative act’ – Access to justice in environmental matters – Extent of right to judicial remedy. . .
Linked cases – Boxus And Roua (Environment And Consumers) ECJ 19-May-2011
ECJ Environmental impact assessment – Concept of ‘specific national legislative act’ – Access to justice in environmental matters – Extent of right to judicial remedy. . .
Linked Cases – Boxus And Roua (Environment And Consumers) ECJ 19-May-2011
ECJ (Opinion) Environmental impact assessment – Concept of ‘specific national legislative act’ – Access to justice in environmental matters – Extent of right to judicial remedy. . .
Linked Cases – Boxus And Roua (Environment And Consumers) ECJ 19-May-2011
ECJ Environmental impact assessment – Concept of ‘specific national legislative act’ – Access to justice in environmental matters – Extent of right to judicial remedy. . .
Opinion – 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 . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 12 September 2022; Ref: scu.439884

Shell Nederland Verkoopmaatschappij Bv and Belgian Shell Nv: ECJ 18 Jun 2013

ECJ Opinion – Environment – Regulation (EEC) No 259/93 on the supervision and control of shipments of waste – Directive 2006/12/EC on waste – Notion of waste – Off-specification product resulting from accidental contamination

Judges:

Jaaskinen AG

Citations:

C-241/12, [2013] EUECJ C-241/12, [2013] EUECJ C-241/12

Links:

Bailii, Bailii

Statutes:

Regulation (EEC) No 259/93

Jurisdiction:

European

Environment

Updated: 10 September 2022; Ref: scu.511014

Nutrivet DOOEL v Orszagos Kornyezetvedelmi es Termeszetvedelmi Fofelugyeloseg: ECJ 9 Jun 2016

ECJ (Judgment) References for a preliminary ruling – Environment – Waste – Transfers – Regulation (EC) No 1013/2006 – Article 2(35)(g)(iii) – Illegal shipment – Incorrect or inconsistent information entered in the document listed in Annex VII to that regulation – Article 50(1) – Penalties applicable in the event of infringement of the provisions of that regulation – Proportionality

Citations:

ECLI:EU:C:2016:425, [2016] EUECJ C-69/15

Links:

Bailii

Statutes:

Regulation (EC) No 1013/2006

Jurisdiction:

European

Environment

Updated: 08 September 2022; Ref: scu.565625

Pesce And Others v Presidenza del Consiglio dei Ministri and others: ECJ 9 Jun 2016

ECJ (Judgment) Preliminary reference – Protection of plant health – Directive 2000/29 / EC – Protection against the introduction and spread in the EU of organisms harmful to plants or plant products – Implementing Decision (EU) 2015/789 – measures to prevent the introduction and spread in the Xylella fastidiosa Union (Wells and Raju) – Article 6, paragraph 2 a) – Obligation to carry out the immediate removal of host plants, whatever their health status, in a 100 meter radius around the infected plant – Validity – Article 16, paragraph 3 of Directive 2000/29 – Principle of proportionality – precautionary principle – Obligation to state reasons – Right to compensation

Citations:

ECLI:EU:C:2016:428, C-78/16, [2016] EUECJ C-78/16

Links:

Bailii

Statutes:

Directive 2000/29 / EC

Jurisdiction:

European

Environment

Updated: 08 September 2022; Ref: scu.565628

Regina on the Application of Feakins v Secretary of State for Environment, Food and Rural Affairs: CA 4 Nov 2003

The applicant farmer had substantial volumes of potentially contaminated carcasses on his land. The respondent derogated from the European regulations which would have arranged for the disposal of the carcasses. The respondent challenged the standing of the applicant to seek review of the decision. The judge acknowledged the possibility that the applicant had only his private interests at heart, but considered that he could proceed because of the significance of the decision under review. The applicant’s motive was capable of being relevant, but was not such here as to make the application an abuse.
Dyson LJ addressed the question of abuse of process in the context of Judicial Review proceedings, saying: ‘In my judgment, if a claimant has no sufficient private interest to support a claim to standing, then he should not be accorded standing merely because he raises an issue in which there is, objectively speaking, a public interest. As Sedley J said in R v Somerset County Council, Ex p Dixon [1997] JPL 1030, when considering the issue of standing, the court had to ensure that the claimant was not prompted by an ill motive, and was not a mere busybody or a trouble-maker. Thus, if a claimant seeks to challenge a decision in which he has no private law interest, it is difficult to conceive of circumstances in which the court will accord him standing, even where there is a public interest in testing the lawfulness of the decision, if the claimant is acting out of ill-will or for some other improper purpose. It is an abuse of process to permit a claimant to bring a claim in such circumstances. If the real reason why a claimant wishes to challenge a decision in which, objectively, there is a public interest is not that he has a genuine concern about the decision, but some other reason, then that is material to the question whether he should be accorded standing.’

Judges:

Lord Justice Jonathan Parker Lord Justice Thorpe Lord Justice Dyson

Citations:

[2003] EWCA Civ 1546, Times 07-Nov-2003, Gazette 02-Jan-2004, [2004] 1 WLR 1761

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Mount Cook Land Ltd and Another v Westminster City Council CA 14-Oct-2003
The applicants had sought judicial review of the defendant’s grant of planning permission for the redevelopment of the former CandA building in Oxford Street. Though the application for leave to apply had been successful, and a full hearing took . .
Appeal from – Feakins v Secretary of State for Environment, Food and Rural Affairs Admn 20-Dec-2002
. .
See Also – Department for Environment, Food and Rural Affairs v Feakins and Another ChD 26-Nov-2004
The farmer complained that the department had, during the foot and mouth outbreak destroyed animals which did not belong to the owner of the land. The department said that the farmer had disposed of his land at an undervalue to defeat his creditors. . .

Cited by:

See Also – Department for Environment, Food and Rural Affairs v Feakins and Another ChD 26-Nov-2004
The farmer complained that the department had, during the foot and mouth outbreak destroyed animals which did not belong to the owner of the land. The department said that the farmer had disposed of his land at an undervalue to defeat his creditors. . .
Cited – Land Securities Plc and Others v Fladgate Fielder (A Firm) CA 18-Dec-2009
The claimants wanted planning permission to redevelop land. The defendant firm of solicitors, their tenants, had challenged the planning permission. The claimants alleged that that opposition was a tortious abuse because its true purpose was to . .
Now set aside – Feakins and Another v Department for Environment, Food and Rural Affairs CA 8-Jun-2006
The claimants sought to re-open their appeal saying that the respondent department had failed properly to describe the workings of the clawback scheme under which its claim had been made.
Held: A DEFRA official had provided materially . .
Cited – Good Law Project Ltd and Others, Regina (on Application of) v Secretary of State for Health and Social Care Admn 18-Feb-2021
Failure to Publish Contracts awards details
Challenge to alleged failures by the Secretary of State to comply with procurement law and policy in relation to contracts for goods and services awarded following the onset of the COVID-19 pandemic.
Held: The contracts had been awarded under . .
See Also – Department for Environment Food and Rural Affairs v Feakins and Another ChD 26-Nov-2004
. .
See Also – Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513) CA 9-Dec-2005
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Environment, Judicial Review

Updated: 07 September 2022; Ref: scu.187505

Azienda Agro-Zootecnica Franchini And Eolica Di Altamura: ECJ 14 Apr 2011

ECJ Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Directive 79/409/EEC – Conservation of wild birds – Natura 2000 – Directive 2001/77/EC – Renewable energy sources – National rules – Prohibition of location of wind turbines not intended for self-consumption in sites forming part of the ecological network Natura 2000 – No assessment of implications of project for site.

Citations:

C-2/10, [2011] EUECJ C-2/10

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 07 September 2022; Ref: scu.433375

Redland Minerals Ltd, Regina (on The Application of) v Secretary of State for Environment, Food and Rural Affairs and Others: Admn 4 Feb 2010

Application for permission to bring judicial review proceedings to challenge a remediation notice made under section 78E of the Environment Protection Act 1990

Judges:

Sales J

Citations:

[2010] EWHC 913 (Admin), [2011] Env LR 2

Links:

Bailii

Jurisdiction:

England and Wales

Environment

Updated: 06 September 2022; Ref: scu.431928

Clientearth, Regina (on The Application of) v Secretary of State for Business, Energy and Industrial Strategy and Another: CA 21 Jan 2021

This appeal raises questions on the interpretation of the Overarching National Policy Statement for Energy and the National Policy Statement for Fossil Fuel Electricity Generating Infrastructure, and their legal effect in the determination of an application for a development consent order to approve a nationally significant infrastructure project. The NSIP in question is the proposal to construct and operate two gas-fired generating units at the Drax Power Station, near Selby in North Yorkshire.

Judges:

Sir Keith Lindblom, The Senior President of Tribunals

Citations:

[2021] EWCA Civ 43

Links:

Bailii, Judiciary

Jurisdiction:

England and Wales

Planning, Environment

Updated: 06 September 2022; Ref: scu.657334

Save Britain’s Heritage), Regina (on The Application of) v Secretary of State for Communities and Local Government: CA 25 Mar 2011

The court was asked whether the demolition of a building could fall within the Directive and require an Environmental Impact Assessment.

Citations:

[2011] EWCA Civ 334

Links:

Bailii

Statutes:

Council Directive 85/337/EC

Jurisdiction:

England and Wales

Environment, Planning, European

Updated: 04 September 2022; Ref: scu.431250

Latvia v Commission: ECFI 22 Mar 2011

ECFI Environment – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – National allocation plan for the allocation of emission allowances for Latvia for the period from 2008 to 2012 – Three-month time-limit – Article 9(3) of Directive 2003/87

Citations:

T-369/07, [2011] EUECJ T-369/07

Links:

Bailii

Statutes:

Directive 2003/87/EC

European, Environment

Updated: 04 September 2022; Ref: scu.430786

Office Of Communications v UK Information Commissioner: ECJ 10 Mar 2011

ECJ (Opinion of Advocate General Kokott) Directive 2003/4/EC – Access to environmental information – Exceptions – Public interest in disclosure – Interest served by refusal – Balancing exercise – Cumulation of interests.

Citations:

C-71/10, [2011] EUECJ C-71/10

Links:

Bailii

Statutes:

Directive 2003/4/EC on public access to environmental information

Jurisdiction:

European

Cited by:

Opinion – Office Of Communications v UK Information Commissioner ECJ 28-Jul-2011
ECJ Public access to environmental information – Directive 2003/4/EC – Article 4 – Exceptions to the right of access – Request for access involving more than one of the interests protected under Article 4(2) of . .
Lists of cited by and citing cases may be incomplete.

Environment, Information

Updated: 04 September 2022; Ref: scu.430719

Commission v Ireland C-50/09: ECJ 3 Mar 2011

ECJ (Environment And Consumers) Failure of a Member State to fulfil obligations – Directive 85/337/EEC – Obligation of the competent environmental authority to carry out an assessment of the effects of certain projects on the environment – More than one competent authority – Need to ensure an assessment of the interaction between factors likely to be directly or indirectly affected – Application of the directive to demolition works.

Citations:

ECLI:EU:C:2011:109, [2011] EUECJ C-50/09, [2011] PTSR 1122, [2011] ECR I-873, [2011] Env LR 25

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – HS2 Action Alliance Ltd, Regina (on The Application of) v The Secretary of State for Transport and Another SC 22-Jan-2014
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 03 September 2022; Ref: scu.430336

Arnold Martyres v Information Commissioner (Environmental Information Regulations 2004): FTTGRC 6 Jul 2010

Eonmental Information Regulations 2004 – Information Not held r.3 and r.12 – Format and means of Communication r.6 – Advice and Assistance r. 91 EA/2009/0101 – The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 – Overriding objective and Parties’ obligation to co-operate with the Tribunal r.2 – Disclosure Evidence and Submissions r.15

Citations:

[2010] UKFTT EA – 2009 – 0101 (GRC

Links:

Bailii

Statutes:

Environmental Information Regulations 2004

Information, Environment

Updated: 01 September 2022; Ref: scu.428805

Bristol City Council v Ic (Environmental Information Regulations 2004): FTTGRC 24 May 2010

Environmental Information Regulations 2004 – Public interest test, Reg 12(1)(b) – Presumption in favour of disclosure, Reg 12(2) – Exceptions, Regs 12(4) and (5) – Confidential information (5)(e)

Citations:

[2010] UKFTT EA – 2010 – 0012 (GRC

Links:

Bailii

Statutes:

Environmental Information Regulations 2004

Environment, Information

Updated: 01 September 2022; Ref: scu.428789

Elmbridge Borough Council v Information Commissioner and Gladedale Group Ltd (Environmental Information Regulations 2004) (Rev 1): FTTGRC 4 Jan 2011

FTTGRC Exceptions, Reg 12(5)(e) – Confidential information; Reg 12(5)(f) – Interests of an individual.

Citations:

[2011] UKFTT 2010 – 0106 (GRC)

Links:

Bailii

Statutes:

Environmental Information Regulations 2004

Environment, Information

Updated: 01 September 2022; Ref: scu.428730

Edwards and Another, Regina (on The Application of) v The Environment Agency and Others: CA 19 Jul 2006

Citations:

[2006] EWCA Civ 1138

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – 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 . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 01 September 2022; Ref: scu.428306

Morge v Hampshire County Council: SC 19 Jan 2011

The claimants had challenged the allocation of a former railwy line to become a rapid bus service, saying that the Council had failed properly to take account of the Habitats Directive. The Supreme Court was asked as to the extent of doisturbance to an endangered species required to engage the prohibition againsty ‘deliberate disturbance’ under the directive, and secondlly the extent of the obligation imposed by the Regulations.
Held: Account should be taken of the rarity of the species in question and the impact of the proposed disturbance on the local population. Disturbance includes anything likely to impair an animal’s ability to survive, breed, rear its young, hibernate or migrate, and that which is likely to affect the local distribution or abundance of the species. On the second issue, the correct approach to regulation 3(4) is that permission should be granted save only in cases where the Planning Committee conclude that the proposed development would both offend article 12(1) and be unlikely to be
licensed pursuant to the powers to derogate from the requirements of article 12(1).

Judges:

Lord Walker, Lady Hale, Lord Brown, Lord Mance, Lord Kerr

Citations:

[2011] UKSC 2, UKSC 2010/0120

Links:

Bailii, SC, SC Summ, Bailii Summary

Statutes:

Habitat’s Directive 92/43/EEC 12(1)(b), Conservation (Natural Habitats, etc) Regulations 1994 3(4)

Jurisdiction:

England and Wales

Citing:

Leave to appeal – Morge v Hampshire County Council CA 28-Jan-2010
. .
At first Instance – Morge v Hampshire County Council Admn 17-Nov-2009
. .
Appeal from – Morge, Regina (on The Application of) v Hampshire County Council CA 10-Jun-2010
Over time, an abandoned railway line had become a habitat for local wildlife. The claimant now objected to the grant of planning permission for a light railway.
Held: The claimant’s appeal failed. For an act to fall within 12(1)(b) of the . .
Lists of cited by and citing cases may be incomplete.

Planning, Environment, Animals

Updated: 31 August 2022; Ref: scu.428046

United Kingdom Renderers Association Ltd and Another v Secretary of State for the Environment Transport and Regions: CA 23 May 2002

The respondent issued a guidance note as to the practice of rendering. The applicants sought a review of the notice. The notice imposed a boundary outside of which rendering smells should not be apparent. The statute required guidance to bear in mind the need to balance best practice and excess cost. It was suggested that the secretary had not included the requirement to limit excess cost.
Held: The guidance did not state under which provision each recommendation was made, and it was consistent with the statute

Judges:

Lord Justice Schiemann Lord Justice May And Lord Justice Clarke

Citations:

[2002] EWCA Civ 749, [2002] LLR 527

Links:

Bailii

Statutes:

Environmental Protection Act 1990

Jurisdiction:

England and Wales

Environment

Updated: 29 August 2022; Ref: scu.172240

Tate and Lyle Industries Ltd and Another, Regina (on The Application of) v Secretary of State for Energy and Climate Change and Another: Admn 2 Nov 2010

The claimant sought judicial review of the 2009 Order, complaining of the reduced allocation to it of a renewables obligation certificate.
Held: The claim failed.

Judges:

Moses LJ

Citations:

[2010] EWHC 2752 (Admin)

Links:

Bailii

Statutes:

Renewables Obligation Order 2009, Directive 2001/77/EC on the promotion of electricity from renewable energy sources in the internal electricity market

Jurisdiction:

England and Wales

Cited by:

Appeal from – Tate and Lyle Sugars Ltd v Secretary of State for Energy and Climate Change and Another CA 3-Jun-2011
The company had developed a means of generating electricity from their excess sugar supplies, and challenged the support given to it by the respondent and in particular that the 2009 Order allowed the respondent to favour some types of energy . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 25 August 2022; Ref: scu.425656

Siomab (Environment And Consumers): ECJ 19 Oct 2004

Environment – Waste – Regulation (EEC) No 259/93 on shipments of waste – Competence of the authority of dispatch to verify the classification of the purpose of a shipment (recovery or disposal) and to object to a shipment based on an incorrect classification – Objection procedure.

Citations:

C-472/02, [2004] EUECJ C-472/02

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 21 August 2022; Ref: scu.216624

Friends of the Earth and Another v Secretary of State for Business Enterprise and Regulatory Reform and Another: Admn 23 Oct 2008

The court refused to grant the declaration requested by the claimant that it had failed in its statutory duties in not implementing properly the 2000 Act.

Judges:

Mr Justice McCombe

Citations:

[2008] EWHC 2518 (Admin)

Links:

Bailii

Statutes:

Warm Homes and Energy Conservation Act 2000

Jurisdiction:

England and Wales

Cited by:

Appeal from – Friends Of the Earth and Others, Regina (On the Application of) v Secretary Of State for Energy and Climate Change CA 30-Jul-2009
The claimant challenged the implementation of the Act by the respondent, saying that they had failed to implement the actions required of it by the Act.
Held: It was for the government not the courts to decide policy issues on expenditure, and . .
Lists of cited by and citing cases may be incomplete.

Environment, Administrative

Updated: 20 August 2022; Ref: scu.277290

Commission v Spain (Environment And Consumers): ECJ 20 May 2010

ECJ Failure of a Member State to fulfil obligations – Directive 92/43/EEC Conservation of natural habitats – Wild fauna and flora – rotection arrangements before a habitat is placed on the list of sites of Community importance Article 12(4) – Project for upgrading a country road.

Citations:

C-308/08, [2010] EUECJ C-308/08

Links:

Bailii

Statutes:

Directive 92/43/EEC

European, Environment

Updated: 19 August 2022; Ref: scu.416418

Arco Chemie Nederland v Minister van Volkshuisvesting, Ruimtelijke Ordening in Milieubeheer: ECJ 15 Jun 2000

ECJ Environment – Directives 75/442/EEC and 91/156/EEC – Concept of ‘waste’.
Advocate General Alber said: ‘The concept of waste underlying Community law on waste is defined in article 1(a) of Directive 75/442. According to that definition, ‘waste’ means ‘any substance or object in the categories set out in Annex I which the holder discards or intends or is required to discard’.’

Judges:

DAO Edward P

Citations:

[2003] All ER (EC) 237, [2002] 2 WLR 1240, C-418/97, [2000] EUECJ C-418/97, [2000] EUECJ C-419/97, [2002] QB 646

Links:

Bailii, Bailii

Jurisdiction:

European

Cited by:

Cited – 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.
Cited – Attorney-General’s Reference (No 5 of 2000) CACD 6-Jun-2001
Waste products could become ‘controlled waste’ and subject to licensing procedures without there being a recovery or disposal operation being involved. A rendering process produced a condensate which the company wished to spread on farm land without . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 18 August 2022; Ref: scu.415236

Terre Wallonne v Wallonia: 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 – Programs of action Designated Vulnerable Areas

Citations:

C-110/09, [2010] EUECJ C-110/09 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Terre Wallonne v Wallonia ECJ 17-Jun-2010
ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources . .
Lists of cited by and citing cases may be incomplete.

Environment, Consumer

Updated: 16 August 2022; Ref: scu.403463

Commission v Italy (Environment And Consumers): ECJ 4 Mar 2010

ECJ Failure of a Member State to fulfil obligations – Environment Directive 2006/12/EC Articles 4 and 5 – Waste management Management plan Integrated and adequate network of disposal installations – Danger for human health or the environment Force majeure Civil disturbances – Organised crime

Judges:

Bonichot, P

Citations:

C-297/08, [2010] EUECJ C-297/08

Links:

Bailii

Statutes:

Directive 2006/12/EC 4 5

European, Environment

Updated: 16 August 2022; Ref: scu.403439

Beevers and Others, Regina (on the Application Of) v Environment Agency: CA 21 Mar 2001

‘whether the Barmby tidal barrage on the river Derwent in Yorkshire fell within the Conservation (Natural Habitats) Regulations 1994 and whether the proposal that was being examined was a plan or project under those Regulations.’

Citations:

[2001] EWCA Civ 424

Links:

Bailii

Statutes:

Conservation (Natural Habitats) Regulations 1994

Jurisdiction:

England and Wales

Environment

Updated: 15 August 2022; Ref: scu.218042

Arcelor Atlantique and Lorraine and Others: ECJ 16 Dec 2008

ECJ (Environment and Consumers) Environment Integrated pollution prevention and control Greenhouse gas emission allowance trading scheme Directive 2003/87/EC Scope Installations in the steel sector included Installations in the chemical and non-ferrous metal sectors excluded Principle of equal treatment

Citations:

[2008] EUECJ C-127/07 – O

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – Arcelor Atlantique and Lorraine and Others ECJ 21-May-2008
ECJ (Environment and Consumers) Integrated prevention and control of pollution trading system of gas emission quotas for greenhouse – Different treatment of the steel sector facilities and aluminum and plastic . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 11 August 2022; Ref: scu.563290

Manley and Another v New Forest District Council: Admn 6 Nov 2007

The defendants appealed by way of case stated against their convictions for noise nuisance for their husky kennels – ‘Howling Dog Kennels’. They said that it was impractical, both for animal welfare and cost reasons further to limit the noise.
Held: It was for the defendants to have shown that the best practicable means were in force at the time of the issue of the notice. The appeal was on the facts alone and failed.

Judges:

Moses LJ, Jackson J

Citations:

[2007] EWHC 3188 (Admin)

Links:

Bailii

Statutes:

Environmental Protection Act 1990 79 80, Statutory Nuisance (Appeals) Regulations 1995

Jurisdiction:

England and Wales

Citing:

Cited – Saddleworth Urban District Council v Aggregate and Sand Ltd 1970
. .
Lists of cited by and citing cases may be incomplete.

Crime, Environment

Updated: 09 August 2022; Ref: scu.271178

Breyer Group Plc and Others v Department of Energy and Climate Change: QBD 9 Jul 2014

‘This large and (in some respects) novel claim arises out of the defendant’s proposal, announced in a Written Ministerial Statement on Monday 31 October 2011 and a consultation document published on the same day, to bring forward the cut-off date by which certain Feed-in-Tariffs (‘FIT’) at a particular rate would be paid to generators (or their nominated recipients) involved in small-scale solar panel installations. The FIT scheme was designed to encourage small-scale low carbon generation installations. However, by October 2011, the defendant thought that the initial rates for solar photovoltaic installations were too generous to generators. So the defendant proposed to bring forward, from 1 April 2012 to 12 December 2011, the date by which the installations had to be commissioned/registered in order to qualify for the highest FIT rate. ‘

Judges:

Coulson J

Citations:

[2014] EWHC 2257 (QB), [2014] JPL 1346, [2015] 2 All ER 44

Links:

Bailii

Jurisdiction:

England and Wales

Utilities, Environment

Updated: 07 August 2022; Ref: scu.534045

Wandsworth London Borough Council v Railtrack plc: QBD 2 Nov 2000

The defendant owned a bridge which attracted large numbers of feral pigeons. Although the owner was not at fault, they were held liable to contribute to the local authority’s costs of steps taken, by surfacing the bridge to deal with the nuisance. The number of pigeons were enough to constitute a public nuisance, and the defendants became liable where they had not remedied the nuisance after a reasonable time. The fact that the pigeons were wild, and that the nuisance was one of inconvenience rather than the causing of actual damage were not relevant. The local authority’s request was reasonable.

Citations:

Gazette 07-Sep-2000, Times 12-Oct-2000, Gazette 02-Nov-2000

Jurisdiction:

England and Wales

Cited by:

Appeal from – Wandsworth London Borough Council v Railtrack plc CA 30-Jul-2001
Where the defendant land-owner was aware of a nuisance on his land, and had both the reasonable opportunity, and the means to abate it, he had a duty to abate the nuisance. It did not matter that the nuisance may have its creation in the acts of . .
Lists of cited by and citing cases may be incomplete.

Nuisance, Land, Environment

Updated: 06 August 2022; Ref: scu.90288

Ethos Recycling Ltd v Barking and Dagenham Magistrates Court: Admn 13 Nov 2009

The company sought judicial review of the deceision by the respondent to issue an abatement notice. It said that under section 79 of the 1990 Act, such a notice fell within the term ‘summary proceedings’ and that therefore the consent of the secretary of State should first have been obtained.
Held: The notice did not require the consent suggested. Historically urgent action was often required, and requiring the consent would go against that. A notice was not itself the commencement of proceedings. Consent would be required when, on a non-compliance, the authority wanted to take the matter forward to the court.

Judges:

Lord Justice Scott Baker and Mr Justice Cranston

Citations:

[2009] EWHC 2885 (Admin), Times 02-Feb-2010

Links:

Bailii

Statutes:

Environmental Protection Act 1990 79(10)

Jurisdiction:

England and Wales

Environment, Crime

Updated: 05 August 2022; Ref: scu.380331

Pontina Ambiente v Regione Lazio (Environment And Consumers): ECJ 17 Sep 2009

ECJ (Opinion) Landfill of waste – Special tax on the placing of solid waste in a landfill site – Late payments.

Judges:

Sharpston AG

Citations:

C-172/08, [2009] EUECJ C-172/08 – O

Links:

Bailii

Cited by:

Opinion – Pontina Ambiente v Regione Lazio (Environment And Consumers) 25-Feb-2010
ECJ Environment Directive 1999/31/EC Article 10 Special levy on the disposal of solid waste in landfills Operator of a landfill subject to that levy Operating costs of a landfill Directive 2000/35/EC Default . .
Lists of cited by and citing cases may be incomplete.

European, Environment

Updated: 04 August 2022; Ref: scu.375111

Wychavon District Council v National Rivers Authority: QBD 16 Sep 1992

The council maintained the sewage system in its district as agent for the statutory authority, the Severn Trent Water Authority. It operated, maintained and repaired the sewers. As sewage authority, it received raw sewage into its sewers. On the occasion in question one of the sewers became blocked. The sewage flowed into the stormwater drainage system and into the River Avon.
Held: The Council had not done any positive act which caused the pollution. If it had known of the blockage it might have been liable for ‘knowingly permitting’ but it could not be liable for causing. Negligent inactivity which fell short of a positive act was insufficient to be a ’cause’ of pollution.

Citations:

Gazette 16-Sep-1992, [1993] 1 WLR 125

Statutes:

Water Act 1989 107(1)

Jurisdiction:

England and Wales

Cited by:

Disapproved – Empress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that . .
Restricted to its facts – National Rivers Authority v Yorkshire Water Services Ltd HL 21-Nov-1994
The defendant sewerage undertaker received sewage, treated it in filter beds and discharged the treated liquid into the river. One night someone unlawfully discharged a solvent called iso-octanol into the sewer. It passed through the sewage works . .
Lists of cited by and citing cases may be incomplete.

Environment, Utilities

Updated: 03 August 2022; Ref: scu.90635

Friends Of the Earth and Others, Regina (On the Application of) v Secretary Of State for Energy and Climate Change: CA 30 Jul 2009

The claimant challenged the implementation of the Act by the respondent, saying that they had failed to implement the actions required of it by the Act.
Held: It was for the government not the courts to decide policy issues on expenditure, and to set appropriate budgets. The Minister had been free to take into account the substantial increases in fuel costs in deciding that it was not reasonably practicable to implement the Act. Without a challenge as to the rationality of the decision taken, it was not for the court to intervene.

Judges:

Sir Mark Potter, President, Lord Justice Maurice Kay and Lord Justice Lloyd

Citations:

[2009] EWCA Civ 810

Links:

Times, Bailii

Statutes:

Warm Homes and Energy Conservation Act 2000

Jurisdiction:

England and Wales

Citing:

Appeal from – Friends of the Earth and Another v Secretary of State for Business Enterprise and Regulatory Reform and Another Admn 23-Oct-2008
The court refused to grant the declaration requested by the claimant that it had failed in its statutory duties in not implementing properly the 2000 Act. . .
Lists of cited by and citing cases may be incomplete.

Administrative, Environment

Updated: 30 July 2022; Ref: scu.368594

Stefan v Bundesministerium fur Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft: ECJ 8 May 2014

ECJ Order Of The Court – Article 99 of the Rules of Procedure – Directive 2003/4/EC – Validity – Public access to environmental information – Exception to the obligation to disclose environmental information where the disclosure compromises the ability of any person to receive a fair trial – Optional nature of that exception for Member States – Article 6 TEU – Second paragraph of Article 47 of the Charter

Judges:

Safjan P

Citations:

C-329/13, [2014] EUECJ C-329/13

Links:

Bailii

Statutes:

Directive 2003/4/EC

Jurisdiction:

European

Environment, Information, Criminal Practice

Updated: 28 July 2022; Ref: scu.525528

Belize Alliance of Conservation Non-Governmental Organisations v The Department of the Environment Belize Electric Company Limited: PC 29 Jan 2004

PC (Belize) Lord Walker said: ‘It is now clear that proceedings for judicial review should not be conducted in the same manner as hard fought commercial litigation. A Respondent authority owes a duty to the court to co-operate and to make candid disclosure, by way of affidavit, of the relevant facts and (so far as they are not apparent from contemporaneous documents which have been disclosed) the reasoning behind the decision challenged in the judicial review proceedings’.

Judges:

Lord Walker

Citations:

[2004] UKPC 6, [2004] Env LR 761, [2004] Env LR 38

Links:

Bailii, PC, PC, PC, PC

Jurisdiction:

Commonwealth

Citing:

See Also – Belize Alliance of Conservation Non-Governmental Organisations v Department of the Environment and Another (No 2) PC 13-Aug-2003
(Belize) The applicants sought an interim order preventing continuation of the building of a dam, saying that the environmental damage had not been properly aanticipated.
Held: The Board of the Council did have power to grant an interim . .
Cited – Regina v Lancashire County Council ex parte Huddleston CA 1986
The respondent council had failed to allocate a university student grant to the claimant and the principle was directed at the duty of that authority to state clearly the reasons for its refusal and the particular factors that had been taken into . .

Cited by:

Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Judicial Review, Environment

Updated: 28 July 2022; Ref: scu.192647

Belize Alliance of Conservation Non-Governmental Organisations v Department of the Environment and Another (No 2): PC 13 Aug 2003

(Belize) The applicants sought an interim order preventing continuation of the building of a dam, saying that the environmental damage had not been properly aanticipated.
Held: The Board of the Council did have power to grant an interim injunction to preserve the situation pending a final ruling. That power derived from the power of any superior court to supervise its own procedures. The principles to be applied were the general ones applying those from American Cynamid, amended as necessary to accord with the context of public law. However, here the very substantial works were already under way, the claimants were understandably unable to undertake for any damages, and the balance of convenience lay against the applicants, and no order should be made.

Judges:

Lord Walker of Gestingthorpe Sir Martin Nourse Sir Andrew Leggatt

Citations:

[2003] UKPC 63, Times 25-Sep-2003, Gazette 16-Oct-2003, [2004] 2 P and CR 2, [2004] Env LR 16, [2003] 1 WLR 2839

Links:

Bailii, PC, PC

Jurisdiction:

Commonwealth

Citing:

Cited – Thomas Reckley v The Minister of Public Safety and Immigration and others (Petition for a stay of execution) PC 13-Jun-1995
(The Bahamas) If a serious constitutional issue is fairly raised by an appeal as to the constitutionality of the death penalty, then the death penalty must be stayed. . .
Cited – Her Majesty’s Attorney General v Punch Limited and another HL 12-Dec-2002
A former MI5 agent, Mr Shayler, was to be prosecuted under the Official Secrets Act, and an injunction against publication was granted. The respondent published further works by Mr Shayler, and now appealed a finding that it had acted in contempt of . .
Cited – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975
Interim Injunctions in Patents Cases
The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of . .

Cited by:

See Also – Belize Alliance of Conservation Non-Governmental Organisations v The Department of the Environment Belize Electric Company Limited PC 29-Jan-2004
PC (Belize) Lord Walker said: ‘It is now clear that proceedings for judicial review should not be conducted in the same manner as hard fought commercial litigation. A Respondent authority owes a duty to the court . .
Cited – Tweed v Parades Commission for Northern Ireland HL 13-Dec-2006
(Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent to him saying that the refusal was disproportionate and infringed his human rights. The respondents said that the documents were . .
Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Litigation Practice, Environment

Updated: 28 July 2022; Ref: scu.185741

Regina v North Yorkshire County Council, ex parte Brown and Another: HL 12 Feb 1999

When a mineral planning authority set conditions on the continued operation of a quarry which had been operating since pre-1947, that decision was a development consent, and it required to be supported by an environmental impact assessment, since it had significant environmental effects. The purpose of the Directive is ‘to ensure that planning permissions which may affect the environment are made on the basis of full information.’

Judges:

Lord Hoffmann

Citations:

Gazette 03-Jun-1999, Times 12-Feb-1999, [1999] UKHL 7, [1999] 2 WLR 452, [2000] 1 AC 397, [1999] 1 PLR 116, [1999] 1 All ER 969

Links:

House of Lords, Bailii

Statutes:

Planning and Compensation Act 1991, Council Directive 85/337/EEC

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v North Yorkshire County Council Ex Parte Brown and Another CA 9-Feb-1998
Local Authority must consider environmental assessments under new EU directives when reconsidering old mining planning permission. . .

Cited by:

Cited – Barker v London Borough of Bromley Admn 23-Nov-2001
The claimant challenged the grant of outline permission to develop the Crystal Palace, arguing that no Environmental Assessment had taken place. The need for one depended upon whether the directive had been properly incorporated into English Law. . .
Appeal to – Regina v North Yorkshire County Council Ex Parte Brown and Another CA 9-Feb-1998
Local Authority must consider environmental assessments under new EU directives when reconsidering old mining planning permission. . .
Cited – Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2) QBD 31-Jul-2000
Developers submitted applications for outline permission for the development of a business park. The applicant sought to quash the grant on the basis that the environmental assessment was insufficiently detailed, and contained reserved matters, and . .
Lists of cited by and citing cases may be incomplete.

Environment, Planning

Updated: 28 July 2022; Ref: scu.87457

Commune De Braine-Le-Chateau (Environment And Consumers): ECJ 1 Apr 2004

ECJ Directives 75/442/EEC and 91/156/EEC – Waste – Management plans – Suitable sites and installations for waste disposal – Permit granted in the absence of a management plan containing a map specifying planned locations for disposal sites

Citations:

C-217/02, [2004] EUECJ C-217/02

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 26 July 2022; Ref: scu.213795

Commune de Braine-le-Chateau and Michel Tillieut and Others v Region Wallonee: ECJ 1 Apr 2004

ECJ Directives 75/442/EEC and 91/156/EEC – Waste – Management plans – Suitable sites and installations for waste disposal – Permit granted in the absence of a management plan containing a map specifying planned locations for disposal sites. The Court referred to the Directive as ‘a policy framework’ . . which need not necessarily describe in minute detail all aspects of current and future waste disposal management, including sites.’ Management plans may not be determinative: ‘ . . management plans cannot in all cases be the only factor which determines the exact location of waste disposal sites, inasmuch as the final decision concerning location in some circumstances depends on the relevant rules relating to land-use planning and, in particular, the consultation and decision-making procedures implemented pursuant to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment . . as amended . . ‘

Judges:

Advocate General Mishko

Citations:

C-53/02, [2004] EUECJ C-53/02

Links:

Bailii

Statutes:

Directive 75/442/EEC, Directive 91/156/EEC

Jurisdiction:

European

Cited by:

Cited – Derbyshire Waste Ltd v Blewett and Another CA 11-Nov-2004
Glapswell Colliery had closed. The owners sought to use it for waste disposal by landfill. The objector had obtained judicial review of the permission granted.
Held: The intention of the Landfill Directive was to discourage its use other than . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 26 July 2022; Ref: scu.195725

Regina v Greenwich London Borough Council, Ex Parte Williams and Others: QBD 29 Dec 1995

QBD A local authority has no power to close a road to control pollution from motor vehicles. Air pollution danger from traffic was not a sufficient ‘likelihood of danger.’

Citations:

Ind Summary 29-Jan-1996, Times 29-Dec-1995

Statutes:

Road Traffic Regulation Act 1984 14

Jurisdiction:

England and Wales

Road Traffic, Environment

Updated: 25 July 2022; Ref: scu.86767

Futura Immobiliare and Others (Environment and Consumers): ECJ 23 Apr 2009

ECJ Directive 2006/12/EC – Waste costs – waste disposal – Principle of ‘polluter pays’ Equal treatmen

Judges:

Kokott AG

Citations:

C-254/08, [2009] EUECJ C-254/08 – O

Links:

Bailii

Statutes:

Directive 2006/12/CE

Cited by:

Opinion – Futura Immobiliare and Others (Environment and Consumers) ECJ 16-Jul-2009
ECJ Reference for a preliminary ruling – Directive 2006/12/EC Article 15(a) – Waste disposal costs not allocated on the basis of actual production of waste – Compatibility with the ‘polluter pays’ principle . .
Lists of cited by and citing cases may be incomplete.

European, Environment

Updated: 24 July 2022; Ref: scu.342028

Waveney District Council v Lowestoft (North East Suffolk) Magistrates’ Court and Another: Admn 25 Nov 2008

The council appealed by case stated against rejection of its claim of an asserted noise nuisance at the defendant’s paint factory. The magistrates had found that the notice had been served on the wrong (though related) company, and refused permission to alter the notice at trial.
Held: The appeal failed. The application to amend amounted to an admission that the defect was real and material. The Regulations did not include such a power, and it would be wrong now to consider an argument not faced by the magistrates. The council had also proceeded despite evidence that any nuisance had been abated.

Judges:

Charles J

Citations:

[2008] EWHC 3295 (Admin)

Links:

Bailii

Statutes:

Environmental Protection Act 1990, Statutory Nuisance (Appeals) Regulations 1995

Citing:

Applied – City of Bradford Metropolitan District Council v Booth Admn 10-May-2000
Lord Bingham set out guidance in respect of costs awarded by magistrates pursuant to section 64(1) of the 1980 Act, saying: ‘I would accordingly hold that the proper approach to questions of this kind can for convenience be summarised in three . .
Lists of cited by and citing cases may be incomplete.

Environment, Magistrates

Updated: 23 July 2022; Ref: scu.293940

Kennedy, Regina (on the Application of) v the Health and Safety Executive: CA 28 Jan 2009

The applicant sought judicial review of an exemption granted by the respondent allowing the importation of a ship for decommissioning where the ship would contain asbestos.

Citations:

[2009] EWCA Civ 25

Links:

Bailii

Statutes:

Health and Safety Control of Asbestos Regulations 2006

Jurisdiction:

England and Wales

Environment, Health and Safety

Updated: 22 July 2022; Ref: scu.280169

Buglife – The Invertebrate Conservation Trust, Regina (on the Application of) v Thurrock Thames Gateway Development Corporation and Another: CA 28 Jan 2009

Buglife appealed against refusal of judicial review of a decision to grant planning permission for the site of a former power station saying that it would adversely affect the environment for invertebrate animals. It now sought a protective costs order, but resisted an order to disclose the mark up on the success fee agreed with their solicitors.
Held: The fact of approaching the court for a protective costs order gave the court and the other party a right to know the amount of the success fee since this affected the cap on liability sought.

Judges:

Sir Anthony Clarke, Master of the Rolls, Lord Justice Maurice Kay and Lord Justice Stanley Burnton

Citations:

[2009] EWCA Civ 29

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Buglife – The Invertebrate Conservation Trust, Regina (on the Application of) v Thurrock Thames Gateway Development Corp CA 4-Nov-2008
The court considered an application for a protective costs order in judicial review proceedings in environmental law cases.
Held: The central decision was Corner House Research, but that was to be applied purposively and not rigidly. It was . .
Lists of cited by and citing cases may be incomplete.

Planning, Environment

Updated: 22 July 2022; Ref: scu.280167

Mayer Parry Recycling Ltd v The Environment Agency: ChD 9 Nov 1998

Whether materials were a waste, requiring waste management licenses and procedures, was determined by whether any further process of reclamation or recycling was required. Materials used without further processing were not waste materials under the Act.

Citations:

Times 03-Dec-1998, Gazette 10-Feb-1999, [1998] EWHC Ch 286

Links:

Bailii

Statutes:

Waste Management Licensing Regulations 1994 (1994/1056)

Jurisdiction:

England and Wales

Environment, Licensing, European

Updated: 19 July 2022; Ref: scu.162965

Thames Water Utilities Ltd, Regina (on the Application of) v Bromley Magistrates Court: Admn 28 Jul 2008

Whether escapes of waste water from a public sewerage system are ‘Directive waste’ within the scope of the Waste Framework Directive, and thus subject to the enforcement authority of the Environment Agency under section 33 of the 1990 Act.

Judges:

Carnwath LJ, Bean J

Citations:

[2008] EWHC 1763 (Admin)

Links:

Bailii

Statutes:

Environmental Protection Act 1990 33

Utilities, Environment, European

Updated: 19 July 2022; Ref: scu.272301

Flughafen Koln v Bonn (Taxation): ECJ 17 Jul 2008

ECJ Directive 2003/96/EC – Community framework for the taxation of energy products and electricity – Article 14(1)(a) – Exemption for energy products used to produce electricity – Option to impose taxation for reasons of environmental policy – Direct effect of the exemption.

Citations:

C-226/07, [2008] EUECJ C-226/07

Links:

Bailii

European, Utilities, Environment, Taxes – Other

Updated: 18 July 2022; Ref: scu.271122

Ecologistas En Accion-Coda v Ayuntamiento de Madrid: ECJ 25 Jul 2008

EU Environment And Consumers – Directives 85/337/EEC and 97/11/EC – Assessment of the effects of projects on the environment – Refurbishment and improvement works on urban roads – Whether subject to assessment.

Citations:

C-142/07, [2008] EUECJ C-142/07

Links:

Bailii

Statutes:

Environmental Impact Assessment Directive (85/337/EEC)

Jurisdiction:

European

Cited by:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 18 July 2022; Ref: scu.271121

Regina ex parte Afton Chemical v Secretary of State for Transport: ECJ 8 Jul 2010

Reference for a preliminary ruling – Validity – Directive 2009/30/EC – Article 1(8) – Directive 98/70/EC – Article 8a – Atmospheric pollution – Fuels – Use of metallic additives in fuels – Limit for methylcyclopentadienyl manganese tricarbonyl (MMT) content – Labelling – Impact assessment – Manifest error of assessment – Precautionary principle – Proportionality – Equal treatment – Legal certainty – Admissibility

Judges:

J.-C. Bonichot, P

Citations:

[2010] EUECJ C-343/09, [2011] 1 CMLR 16, ECLI:EU:C:2010:419, C-343/09

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – Regina ex parte Afton Chemical v Secretary of State for Transport ECJ 8-Jul-2010
Reference for a preliminary ruling – Validity – Directive 2009/30/EC – Article 1(8) – Directive 98/70/EC – Article 8a – Atmospheric pollution – Fuels – Use of metallic additives in fuels – Limit for methylcyclopentadienyl manganese tricarbonyl (MMT) . .

Cited by:

Opinion – Regina ex parte Afton Chemical v Secretary of State for Transport ECJ 8-Jul-2010
Reference for a preliminary ruling – Validity – Directive 2009/30/EC – Article 1(8) – Directive 98/70/EC – Article 8a – Atmospheric pollution – Fuels – Use of metallic additives in fuels – Limit for methylcyclopentadienyl manganese tricarbonyl (MMT) . .
Cited – Wightman and Others v Secretary of State for Exiting the European Union ECJ 10-Dec-2018
Art 50 Notice withrawable unilaterally
Reference for a preliminary ruling – Article 50 TEU – Notification by a Member State of its intention to withdraw from the European Union – Consequences of the notification – Right of unilateral revocation of the notification – Conditions
The . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 17 July 2022; Ref: scu.631161

Societa Edilizia Turistica Alberghiera Residenziale SpA v Comune di Quartu S. Elena: ECJ 18 Dec 2014

ECJ Judgment – Reference for a preliminary ruling – Directive 2008/98/EC- Article 15 – Waste management – Possibility for the waste producer to carry out the waste treatment independently – National transposition law adopted, but not yet in force – Expiry of the transposition period – Direct effect

Judges:

A Borg Barthet, Acting P

Citations:

C-551/13, [2014] EUECJ C-551/13, ECLI:EU:C:2014:2467

Links:

Bailii

Statutes:

Directive 2008/98/EC 15

Jurisdiction:

European

Environment

Updated: 17 July 2022; Ref: scu.540333

Warner v Lambeth London Borough Council: QBD 26 Mar 1984

A complaint of statutory nuisance laid before the magistrates must contain even if in summary form, similar details as would appear in an abatement notice, including the capacity in which the defendant is served and the steps required to be taken to abate the nuisance complained of. The defence available under section 99 was available to the land owner.

Citations:

Times 26-Mar-1984

Statutes:

Public Health Act 1936 99

Jurisdiction:

England and Wales

Cited by:

Cited – Carr v Hackney London Borough Council QBD 9-Mar-1995
The council tenant plaintiff alleged a statutory nuisance against the council in the form of condensation, damp and mould in his flat. When it came to the hearing the damp had abated. The magistrates asked whether it was likely to recur. The council . .
Lists of cited by and citing cases may be incomplete.

Housing, Environment

Updated: 17 July 2022; Ref: scu.450968

Regina ex parte Afton Chemical v Secretary of State for Transport: ECJ 6 May 2010

Europa (Environment And Consumers) )Opinion) Directive 98/70/EC – Quality of petrol and diesel fuels – Directive 2009/30/EC – Use of metallic additives in fuels Limit for methylcyclopentadienyl-manganese-tricarbonyl (MMT) Validity Proportionality Precautionary principle.

Judges:

Kokott AG

Citations:

C-343/09, [2010] EUECJ C-343/09 – O

Links:

Bailii

Statutes:

Directive 2009/30/EC, Directive 98/70/EC

Jurisdiction:

European

Environment

Updated: 17 July 2022; Ref: scu.410785

Arcelor Atlantique and Lorraine and Others: ECJ 21 May 2008

ECJ (Environment and Consumers) Integrated prevention and control of pollution trading system of gas emission quotas for greenhouse – Different treatment of the steel sector facilities and aluminum and plastic industries emitting greenhouse gases

Citations:

C-127/07, [2008] EUECJ C-127/07

Links:

Bailii

Statutes:

(Environment & Consumers

Jurisdiction:

European

Cited by:

Opinion – Arcelor Atlantique and Lorraine and Others ECJ 16-Dec-2008
ECJ (Environment and Consumers) Environment Integrated pollution prevention and control Greenhouse gas emission allowance trading scheme Directive 2003/87/EC Scope Installations in the steel sector included . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 15 July 2022; Ref: scu.267957

Commission v Belgium C-54/06: ECJ 7 Dec 2006

CJEU (Environment and Consumers) Failure of a Member State to fulfill obligations Directive 2001/42 / EC – Assessment of the effects of certain plans and programs on the environment Non-transfer within the prescribed period

Citations:

[2006] EUECJ C-54/06, ECLI:EU:C:2006:767

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 15 July 2022; Ref: scu.246853

South Cambridgeshire District Council v Persons Unknown: CA 17 Sep 2004

The council appealed refusal of an order against persons unknown with regard to preventing breaches of planning control at a specific site.
Held: An injunction could properly be granted against persons unknown ‘causing or permitting hardcore to be deposited, caravans, mobile homes or other forms of residential accommodation to be stationed, or existing caravans or other mobile homes to be occupied on land’ adjacent to a gypsy encampment in rural Cambridgeshire. The land adjoined a gipsy caravan site. The council had refused applications to allow infill development between such sites. The courts powers had clearly developed sufficiently to make an order of the kind sought in this kind of situation. Brooke LJ commented: ‘There was some difficulty in times gone by against obtaining relief against persons unknown, but over the years that problem has been remedied either by statute or by rule.’

Judges:

Brooke and Clarke LJJ

Citations:

[2004] EWCA Civ 1280, Times 11-Nov-2004

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Bloomsbury Publishing Group Ltd and J K Rowling v News Group Newspapers Ltd and others ChD 23-May-2003
The publishers had gone to great lengths to keep advance copies of a forthcoming book in the Harry Potter series secret. They became aware that some had been stolen from the printers and sought injunctions against the defendants and another unnamed . .

Cited by:

Cited – X and Y v Persons Unknown QBD 8-Nov-2006
The claimants sought an injunction against unknown persons who were said to have divulged confidential matters to newspapers. The order had been served on newspapers who now complained that the order was too uncertain to allow them to know how to . .
Cited – Secretary of State for Environment, Food, and Rural Affairs v Meier and Others SC 1-Dec-2009
The claimant sought a possession order to recover land from trespassers. The court considered whether a possession order was available where not all the land was occupied, and it was feared that the occupiers might simply move onto a different part. . .
Lists of cited by and citing cases may be incomplete.

Planning, Environment, Litigation Practice

Updated: 15 July 2022; Ref: scu.216385

Regina v Daventry District Council ex parte Thornby Farms: Admn 28 Jul 2000

The council granted licences for the disposal of waste animal carcasses by incineration. The objectors said the council had failed to take note of art 4 of the directive, and that as clinical waste alternative regimes applied.
Held: Animal waste and clinical waste were properly distinguished, and the council had applied the correct guidance. The council was entitled to assume on the evidence that no way of preventing the emissions was available. The requirements of the legislation should have been read to impose a continuing obligation to assess not just the machinery used, but also additional available steps to reduce emissions to a minimum. Nevertheless the decision stood. In the second case, there was no obligation to refuse planning permissions either because there is no immediate need for the land or because the relevant decision makes no positive contribution towards meeting the objective. Appeals refused.

Judges:

Lord Justice Pill, Lord Justice Robert Walker, And Mr Justice Laddie

Citations:

Times 05-Oct-2000, Gazette 14-Sep-2000, [2000] EWHC Admin 382

Links:

Bailii

Statutes:

Hazardous Waste Directive 91/689/EEC, Controlled Waste Regulations 1992, Environmental Protection Act 1990, Council Directive 75/442/EEC, as amended by 91/156/EEC and 96/350/EEC Waste Framework Directive. Article 4, Waste Management Licensing Regulations 1994 (1994/1056), Animal Waste Directive (90/425/EEC), Air Pollution Directive (84/360/EEC), Animal By-products Order 1992 (SI 1992 No 3303)

Jurisdiction:

England and Wales

Citing:

Cited – Commission of the European Communities (Supported by the United Kingdom) v Hellenic Republic ECJ 7-Jul-2000
When assessing the penalty to be imposed on a member state for failing to comply with a judgement of the court the court had to look at the duration of the breach, its seriousness, and its ability to pay. Here a fine of 20.000 Euros per day was . .
Cited – Regina v Leicester County Council Hepworth Building Products Limited and Onyx (UK) Limited, ex parte Blackfordby and Boothcorpe Action Group Ltd Admn 15-Mar-2000
. .
Appealed to – Thornby Farms Ltd, Murray v Daventry District Council, Derbyshire County Council CA 22-Jan-2002
Two parties appealed against the grant of licences for plants for the disposal of animal carcasses. The plants would increase the amount of emissions into the environment.
Held: An objective was different to a material consideration. An . .

Cited by:

Appeal from – Thornby Farms Ltd, Murray v Daventry District Council, Derbyshire County Council CA 22-Jan-2002
Two parties appealed against the grant of licences for plants for the disposal of animal carcasses. The plants would increase the amount of emissions into the environment.
Held: An objective was different to a material consideration. An . .
Lists of cited by and citing cases may be incomplete.

Animals, Agriculture, Environment, European

Updated: 15 July 2022; Ref: scu.140197

Commission v Italy – C-263/05: ECJ 18 Dec 2007

ECJ Environment and Consumers – Failure of a Member State to fulfil obligations – Environment Directives 75/442/EEC and 91/156/EEC – Concept of ‘waste’ – Substances or objects intended for disposal or recovery operations Production residues capable of re-use.

Citations:

[2007] EUECJ C-263/05

Links:

Bailii

Statutes:

Directive 75/442/EEC, Directive 91/156/EEC

Jurisdiction:

European

Environment

Updated: 12 July 2022; Ref: scu.262912