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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Environment - From: 2002 To: 2002

This page lists 24 cases, and was prepared on 27 May 2018.

 
Environment Agency v M E Foley Contractors ltd and Another Times, 04 March 2002
18 Jan 2002
QBD
Auld, Gage, LLJ
Environment, Evidence
The defendant company did not accept that it had accepted special waste at its disposal plant. Instead they claimed to have the appropriate licence or exemption. Held: The burden of establishing acceptance of special waste was not on the defendant ,on a balance of probabilities, but lay on the prosecution. In effect he was claiming the licence, and so the provisions of the 1980 Act did not transfer the burden of proof.
Environmental Protection Act 1990 33(1)(a) - Magistrates Courts Act 1980 101
1 Citers


 
Thornby Farms Ltd, Murray v Daventry District Council, Derbyshire County Council Gazette, 15 March 2002; [2002] EWCA Civ 31; [2003] QB 503
22 Jan 2002
CA
Lord Justice Pill, Lord Justice Robert Walker, And, Mr Justice Laddie
Environment, Planning
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 objective was something to be kept in mind at all stages of an assessment, and even when considering other matters. The objective of both the Directive and the Act was to find the best overall technique, but without incurring excessive costs. There was no requirement to refuse permission because there was no immediate need for the land or because the decision made no positive contribution to meeting the objective.
Waste Framework Directive (75/442/EEC as amended by 91/156/EEC and 96/350/EEC) - Environmental Protection Act 1990 7(2)
1 Cites

1 Citers

[ Bailii ]
 
Commission v Italy C-466/99 [2002] EUECJ C-466/99
24 Jan 2002
ECJ

Environment
Failure by a Member State to fulfil its obligations - Environment - Waste - Directives 75/442/EEC, 91/689/EEC and 94/62/EC - Waste management plans
[ Bailii ]
 
Commission v United Kingdom C-35/00; [2002] EUECJ C-35/00; [2002] ECR I-00953
24 Jan 2002
ECJ

European, Environment
Europa Failure by a Member State to fulfil its obligations - Environment - Waste -Directives - Waste management plans. "The United Kingdom does not dispute its alleged failure to meet its obligations. It admits that, during the period under consideration, it failed to adopt and/or notify waste management plans capable of covering the entire territory of the United Kingdom … It accepts that the Commission has valid grounds for a declaration of failure to fulfil treaty obligations in the application. It states that competent authorities are engaged in rectifying that situation, by replacing local plans with national strategies, which should constitute the appropriate means of satisfying the requirements of … [the Waste Framework Directive] …"
Council Directive 75/442/EEC - Council Directive 91/689/EEC - Council Directive 94/62/EC
1 Citers

[ Bailii ]
 
Tamworth Borough Council v Cocking [2002] EWCA Civ 61
24 Jan 2002
CA

Environment

Environmental Protection Act 1990 81(6)
[ Bailii ]
 
Emanuela Marchiori v The Environment Agency [2002] EWCA Civ 3
25 Jan 2002
CA
Lord Justice Thorpe, Lord Justice Laws, And, Mr Justice Morland
Environment
The applicant appealed a refusal to order judicial review of the grant of licences for the discharge of radio-active waste from Ministry of Defence installations. The respondent treated the de-commissioning of nuclear warheads and the maintenance of current warheads together, as required for the defence of the nation. It did not see its duty as to weigh up the rationality of a nuclear defence capacity. It was submitted that refusal was an unjustified restriction on the test of the need for the waste discharge. Held: The conduct of defence was a matter for the crown. The 1993 Act did not require assessment of that policy. There was nothing to support the argument that the policy was repugnant to humanitarian principles of international law
Radioactive Substances Act 1993 13(1) - Council Directive 80/836/Euratom
1 Cites

[ Bailii ]
 
Commission v Greece C-103/00 [2002] ECR I-1147; [2002] EUECJ C-103/00
30 Jan 2002
ECJ
Advocate General Leger
Environment
ECJ Failure by a Member State to fulfil its obligations - Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora - Protection of species.
Advocate General Léger explained article 1(I) of the Directive: "conservation status is regarded as 'favourable' when population dynamics data on the species concerned indicate that it is maintaining itself on a long-term basis as a viable component of its natural habitats, that the natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future, and that there is, and probably will continue to be a sufficiently large habitat to maintain its populations on a long-term basis.
the combined effect of those provisions is apparently that a system of strict protection of an animal species of Community interest means a set of co-ordinated measures, of a preventative nature, which ensure in the long term that the population of the species in question is maintained or restored in the type of natural habitat to which it belongs. This assumes that there is a sufficiently large natural habitat for the species in question."
Directive 92/43/EEC 1(I)
1 Citers

[ Bailii ]
 
Environment Agency v Anglian Water Services Ltd Times, 18 February 2002; [2002] EWCA Civ 5
31 Jan 2002
CA
Thorpe, Laws, Morland LLJ
Utilities, Environment
The Agency had sought the connection of an entire village to the public sewer. The Act provided that such an obligation might exist where there was a threat to environment or amenity. The water company sought judicial review of the decision. Held The contention sought by the Agency would give rise to irrational results, including either under or over provision. An obligation on a water undertaker to connect one or more properties in an area to a public sewer did not imply an obligation to connect all properties in that area similarly.
Water Industry Act 1991 101A - Environment Act 1995
[ Bailii ]
 
Commission v Italy C-65/00 [2002] EUECJ C-65/00
21 Feb 2002
ECJ

Environment
ECJ Failure by a Member State to fulfil obligations - Environment - Hazardous waste - Directives 75/442/EEC and 91/689/EEC
[ Bailii ]
 
Commission v United Kingdom C-39/01 C-39/01; [2002] EUECJ C-39/01
7 Mar 2002
ECJ

Environment
ECJ Failure by a Member State to fulfil its obligations - Failure to transpose Directive 96/61/EC
[ Bailii ]
 
Commission v Netherlands C-268/00; [2002] EUECJ C-268/00
19 Mar 2002
ECJ

Environment, European
ECJ Failure by a Member State to fulfil its obligations - Quality of bathing water - Inadequate implementation of Directive 76/160/EEC
Directive 76/160/EEC
[ Bailii ]
 
Environment Agency v Melland Times, 22 April 2002; Gazette, 10 May 2002
11 Apr 2002
QBD
Mr Justice Harrison
Environment
The Agency sought to prosecute the respondent for causing the tipping of waste on an unlicensed site. The defendant argued that since he had not actually been driving at the time, he was not responsible. The magistrates dismissed the case, and the Agency appealed by way of case stated. Held: The section did not require proof that the defendant himself had driven the vehicle. The magistrates could infer the necessary control by knowledge of the ownership of the vehicle by the defendant. Section 33(7) afforded the defendant an opportunity to rebut any such inference.
Environmental Protection Act 1990 33(1)(a) 33(6) 33(7)

 
Palin Granit Oy v Vehmassalon kansaterveystyon kuntayhtyman hallitus C-9/00; [2002] EUECJ C-9/00
18 Apr 2002
ECJ
Macken P
European, Environment
Harmonisation of laws - Directives 75/442/EEC and 91/156/EEC - Concept of waste - Production residue - Quarry - Storage - Use of waste - No risk to health or the environment - Possibility of recovery of waste
1 Citers

[ Bailii ]
 
Aggregate Industries UK Ltd, Regina (on the Application Of) v English Nature and and Another [2002] EWHC 908 (Admin); [2003] Env LR 3
24 Apr 2002
Admn
Forbes J
Environment, Human Rights
The claimant challenged English Nature's confirmation of a notice that their land was a site of special scientific interest. The land comprised some 600 acres in Hampshire which had planning permission for mineral extraction known as "Bramshill". The basis of the challenge was that: - (1) the decision breached the claimant's right to a fair trial under ECHR Article 6; (2) the decision breached the claimant's legitimate expectations; and (3) there was no justifiable basis for the decision. In the alternative, the claimant sought a declaration that section 28 of the 1981 Act was incompatible with its Article 6 rights. Held: The court rejected all three heads of challenge, and dismissed the application for a declaration of incompatibility. The court decided the Article 6 point on Alconbury principles, namely that whilst English Nature did not have a sufficient appearance of independence and impartiality, there were sufficient safeguards built in to its decision making process which, when added to the court's powers of judicial review rendered the process Article 6 compliant, as the court possessed "full jurisdiction" to deal with the case
1 Cites

1 Citers

[ Bailii ]
 
United Kingdom Renderers Association Ltd and Another v Secretary of State for the Environment Transport and Regions [2002] EWCA Civ 749
23 May 2002
CA
Lord Justice Schiemann Lord Justice May And Lord Justice Clarke
Environment
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
Environmental Protection Act 1990
[ Bailii ]
 
Commission of the European Communities v Kingdom of Spain C-474/99; [2002] EUECJ C-474/99; C-474/99
13 Jun 2002
ECJ

European, Environment
Europa Failure by a Member State to fulfil its obligations - Directive 85/337/EEC - Assessment of the effects of certain public and private projects on the environment - Incomplete transposition.
[ Bailii ]
 
Commission of the European Communities v Hellenic Republic C-33/01; [2002] EUECJ C-33/01
13 Jun 2002
ECJ

European, Environment
Europa Failure by a Member State to fulfil its obligations - Waste - Management of hazardous waste - Failure to provide information required under Article 8(3) of Directive 91/689 - Establishments and undertakings which carry out disposal and/or recovery of hazardous waste.
[ Bailii ]
 
Regina (Greenpeace Ltd) v Secretary of State for the Environment, Food and Rural Affairs and Another Times, 26 August 2002; Gazette, 10 October 2002; [2002] EWCA Civ 1036; [2002] 1 WLR 3304
25 Jul 2002
CA
Lord Justice Mummery, Lord Justice Laws and Lord Justice Dyson
Environment, Animals
The applicant sought an order requiring the respondent to check the circumstances behind the issue of a certificate issued by an exporting country as to the compliance of mahogany with the Convention. The Brazilian institute responsible for issuing certificates had suspended their issue, but then had issued them under threat from the local courts. The importer should have known that the Institute was not satisfied that the provenance of the mahogany satisfied the convention. Held: The importing state had an obligation to check the apparent validity of the certificate issued, but not to check the circumstances behind its issue. The need for commercial certainty required the certificates to be acted upon.
Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973 - Control of Trade in Endangered Species (Enforcement) Regulations 1997 (SI 1997 No 1372)
[ Bailii ]
 
Levy v Environment Agency and Another [2002] EWHC 1663 (Admin)
30 Jul 2002
Admn

Environment, Licensing

[ Bailii ]
 
Regina (on the application of Lebus) v South Cambridgeshire District Council Gazette, 19 September 2002; [2002] EWHC Admin 2009; [2003] JPL 466
27 Aug 2002
QBD
Mr Justice Sullivan, Richards J
Planning, Environment
The applicant opposed permission for an egg-production unit, alleging that an environmental impact assessment was required. The regulations required a screening review to assess whether an assessment was required. There was no formal record of a screening review having been taken into account by the planning committee. Held: The failure to record the screening was a defect in the way the decision had been reached, and nor was the council able to allow the application to proceed on the basis that fuller details would be supplied later. In deciding whether an EIA is required, the focus should be on likely significant environmental effects rather than on remediation or mitigation measures; and if a decision runs two issues together and rests on the view that remediation measures will be effective to prevent otherwise significant effects, it deprives the public of the opportunity to make informed representations in accordance with the EIA procedures about the adequacy of such measures. The claim was allowed.
Town and Country Planning (Environmental Impact Assessment)(England and Wales) Regulations 1999
1 Citers


 
Commission of the European Communities v Kingdom of Spain (Judgment) C-47/01; [2002] EUECJ C-47/01; C-47/01
3 Oct 2002
ECJ

European, Environment
Europa Failure by a Member State to fulfil its obligations - Articles 4(1) and 11 of Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT).
[ Bailii ]
 
Environment Agency v R Newcomb and Sons Ltd and Another [2002] EWHC 2095 (Admin)
16 Oct 2002
Admn

Environment

Environmental Protection Act 1990
[ Bailii ]
 
Murray, Regina (on the Application Of) v Hampshire County Council [2002] EWHC 2491 (Admin)
21 Nov 2002
Admn

Planning, Environment

1 Cites

1 Citers

[ Bailii ]
 
Buckinghamshire County Council v Sarbjit Singh Briar, Lorraine Janesse Briar, LJB Electronics Limited, Deli Bar Limited [2002] EWHC 2821 (Ch)
20 Dec 2002
ChD
Mr Justice Lawrence Collins
Environment
Appeal against order for payment of clean up costs on land.
[ Bailii ]
 
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