Greenpeace asserted that the respondent had failed to make adequate arrangements to protect the common dolphin from unintended mortality from fishing activities as it was required to do under the Regulation. Measures had been proposed but they were criticised as inadequate to prevent many dolphin deaths, and was based on inadequate evidence.
Held: the action failed. The minister had exercised his responsibilities and discretions properly. The decision could not be called irrational. There was a stepwise strategy intended which was noy yet fully formed.
Judges:
Stanley Burnton J
Citations:
[2005] EWHC 2144 (Admin)
Links:
Statutes:
Sea Fish Conservation Act 1967, Council Regulation EC No. 812/2004
Cited by:
Appeal From – Greenpeace Ltd v Secretary of State for the Environment, Food and Rural Affairs CA 31-Oct-2005
. .
Lists of cited by and citing cases may be incomplete.
Animals, Environment
Updated: 04 July 2022; Ref: scu.231228