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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: 2004 To: 2004

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

 
Regina v Rothschild and RH Tomlinson Ltd [2004] EWCA 3320
2004
CACD

Licensing, Environment
It would be a contravention of a waste management licence requiring controlled waste not to be stored at a height greater that specified, to have a mound greater that that height containing an admixture of controlled and uncontrolled waste.
1 Citers


 
Wells v Secretary of State for Transport, Local Government and the Regions [2004] EUECJ C-201/02; [2004] 1 CMLR 31; [2004] ECR I-723; [2005] All ER (EC) 323; [2004] NPC 1; [2004] Env LR 27
7 Jan 2004
ECJ
P Jann
Environment, Planning
ECJ Directive 85/337/EEC - Assessment of the effects of certain projects on the environment - National measure granting consent for mining operations without an environmental impact assessment being carried out - Direct effect of directives - Triangular situation.
Directive 85/337/EEC
1 Citers

[ Bailii ]
 
Belize Alliance of Conservation Non-Governmental Organisations v The Department of the Environment Belize Electric Company Limited [2004] UKPC 6; [2004] Env LR 761; [2004] Env LR 38
29 Jan 2004
PC
Lord Walker
Commonwealth, Judicial Review, Environment
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".
1 Cites

[ Bailii ] - [ PC ] - [ PC ] - [ PC ] - [ PC ]
 
Newsum and others v Welsh Assembly Government [2004] EWHC 50 (Admin)
4 Feb 2004
Admn
Pitchford J
Environment

Conservation (Natural Habitats etc) Regulations 1994 44(2)(e) - European Directive on the Conservation of Natural habitats and of Wild Fauna and Flora [92/43/EEC]
[ Bailii ]
 
Gateway Professional Services (Management) Ltd v Kingston Upon Hull City Council [2004] EWHC 597 (Admin); [2004] Env LR 42
8 Mar 2004
Admn
Laws LJ
Environment
An employee of the appellant had deposited a number of black bags containing commercial office waste on the land adjoining the appellant's own premises. The prosecutor said that the deposit of the bags of waste in those circumstances amounted to an "escape" within the meaning of section 34(1)(b). Held: The company's appeal succeeded. The issue was whether or not the deposit of waste in those circumstances could amount to an "escape". Linguistically the word "escape" was simply not apt to denote a deliberate act of depositing waste, and did not extend to cover deliberate dumping of waste; the environmental wrong constituted by deliberate dumping was "it would seem" covered by section 33(1)(a) of the Act.
Environmental Protection Act 1990 33(1)(a) 34
1 Citers

[ Bailii ]
 
Commune de Braine-le-Chateau and Michel Tillieut and Others v Region Wallonee C-53/02; [2004] EUECJ C-53/02
1 Apr 2004
ECJ
Advocate General Mishko
European, Environment
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 . . "
Directive 75/442/EEC - Directive 91/156/EEC
1 Citers

[ Bailii ]

 
 Edwards, Regina (on the Application Of) v Environment Agency and Another; Admn 2-Apr-2004 - [2004] EWHC 736 (Admin)
 
King and others v Brandywine Reinsurance Co (UK) Ltd [2004] EWHC 1033 (Comm)
11 May 2004
QBD
Mr Justice Coleman Colman
Environment, Insurance

1 Citers

[ Bailii ]
 
Regina on the Application of Fisher v English Nature [2004] EWCA Civ 663; Times, 04 June 2004
27 May 2004
CA
Lord Justice Auld Mr Justice Pumfrey Lord Justice Wall
Land, Environment
The claimants appealed a refusal of their request for a judicial review of a decision of the respondent to designate their land as being of special scientific interest because of the need to protect the stone curlew. Held: The defendant's policy toward the land had changed in 2000. It was a decision of a specialist body, and therefore the court could interfere only on limited grounds. The defendant had not taken into account immaterial matters, and the claimants had not ever explained how the defendants could have reached any other decision in the light of the material placed before them. The judge had criticised the claimants for not challenging the policy at first, but that was wrong. The claimants would then have been told their action was premature. The power in the defendant not to confirm an order would have to be exercised in the light of a genuine open-minded consultation and investigation. It had been so exercised. The decision did not infringe the clamants' human rights.
Wildlife and Countryside Act 1981 52 - The Conservation (Natural Habitats &c) Regulations 1994 (SI 1194/2716)
1 Cites

1 Citers

[ Bailii ]
 
Community Power Ltd., Regina (on the Application Of) v National Assembly for Wales and Another [2004] EWHC 2186 (Admin)
15 Jun 2004
Admn

Planning, Environment

[ Bailii ]
 
Stancliffe Stone Company Ltd v Peak District National Park Authority [2004] EWHC 1475 (QB)
22 Jun 2004
QBD
The Hon Mr. Justice Moore-Bick
Environment, Planning

Environment Act 1995
[ Bailii ]
 
Express Ltd v The Environment Agency [2004] EWHC 1710 (Admin); Times, 10 August 2004
15 Jul 2004
QBD
Lord Justice Kennedy Mr Justice Treacy
Crime, Environment
The dairy appealed its conviction for allowing cream to enter a brook from the land of its customer. Held: Polluting matter did not need to be itself noxious or poisonous, it was enough that it stained or tinted the water as did cream. Though the land did not belong to the defendant, it was enough that the defendant's customer permitted an escape as a result of a failure by the defendant. The landowner was under an obligation to carry out a risk assessment and respond to it.
Water Resources Act 1991 85(1) 85(6) 271
1 Cites

[ Bailii ]
 
Commission v United Kingdom C-424/02 [2004] EUECJ C-424/02
15 Jul 2004
ECJ

European, Environment
(Judgment) Failure of a Member State to fulfil its obligations - Directive 75/439/EEC - Disposal of waste oils - Priority to be given to the processing of waste oils by regeneration
Directive 75/439/EEC
[ Bailii ]
 
Landelijke Vereniging tot Behoud van de Waddenzee and Nederlandse Vereniging tot Bescherming van Vogels v Staatssecretaris van Landbouw, etc C-127/02; [2004] EUECJ C-127/02; [2005] Env LR 14; [2005] 2 CMLR 31; [2004] NPC 136; [2005] All ER (EC) 353; [2004] ECR-7405
7 Sep 2004
ECJ

Environment, Planning
ECJ Directive 92/43/EEC - Conservation of natural habitats and of wild flora and fauna - Concept of 'plan' or 'project' - Assessment of the implications of certain plans or projects for the protected site.
"other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources" - clearly applies to activities, such as mining or quarrying, or dragging for cockles.
1 Citers

[ Bailii ]
 
South Cambridgeshire District Council v Persons Unknown [2004] EWCA Civ 1280; Times, 11 November 2004
17 Sep 2004
CA
Brooke and Clarke LJJ
Planning, Environment, Litigation Practice
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."
1 Cites

1 Citers

[ Bailii ]
 
Amberley House Investments Ltd., Regina (on the Application Of) v Environment Agency [2004] EWHC 2394 (Admin)
8 Oct 2004
Admn

Environment
Appeal against refusal to permit construction over water course.
Water Resources Act 1991
[ Bailii ]
 
Siomab SA v Institut bruxellois pour la gestion de l'environnement C-472/02
19 Oct 2004
ECJ

European, Environment
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.

 
Derbyshire Waste Ltd v Blewett and Another [2004] EWCA Civ 1508; Times, 12 November 2004
11 Nov 2004
CA
Auld LJ, Buxton LJ, Laws LJ
Planning, Environment
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 as a last resort. Though the Directive was part of English law, by affecting the weight to be given to such considerations. That weight might still be overborne by other considerations. It was not a precondition of a landfill permission that it be the best practicable environmental option. In this cas the local authority had not prepared a waste management strategy, nor set down what it considered to be the best environmental option, and its decision was so seriously flawed as to have been unlawful.
Landfill Directive 1991/31/EC - Council Directive 75/442/EC on Waste
1 Cites

1 Citers

[ Bailii ]
 
Antonio Niselli C-457/02; [2004] EUECJ C-457/02; C-457/02
11 Nov 2004
ECJ

European, Environment, Consumer
(Environment And Consumers) French Text
[ Bailii ]
 
Regina on the Application of JHM Newsum v Welsh Assembly Government [2004] EWCA (Civ) 1565; Times, 07 December 2004
22 Nov 2004
CA
Lord Justice Tuckey Lord Justice Waller Lord Justice Mantell
Environment
The claimant had been granted judicial review of a refusal to translocate a population of great crested newts. They wanted to quarry the land occipied by the newts, and planning permission had been granted for this work. The respondent appealed. Held: The grant of planning permission itself did not demonstrate that the quarrying was a purpose to be described as "an imperative reason of overriding public interest." The Assembly were entitled to take the view, independent of the planning authorities, as to whether the purpose on which the Trustees relied did provide an imperative reason of overriding public interest. On that basis the challenge to their decision was rejected.
Conservation (Natural Habitats etc) Regulations 1994 44(2)(e) - European Directive on the Conservation of Natural habitats and of Wild Fauna and Flora [92/43/EEC]
[ Bailii ]
 
Commission -c- Italy C-447/03; [2004] EUECJ C-447/03
25 Nov 2004
ECJ

European, Environment, Consumer

[ Bailii ]
 
Commission -c- Italy C-97/04; [2004] EUECJ C-97/04
2 Dec 2004
ECJ
K. Lenaerts, P
European, Environment, Consumer
Environment And Consumers - Failure to fulfill obligations - Directive 2000/76/EC - Incineration of waste - Failure
Directive 2000/76/EC
[ Bailii ]
 
Commission v Portugal C-48/04 ECLI:EU:C:2004:772; [2004] EUECJ C-48/04
2 Dec 2004
ECJ

European, Consumer, Environment
Fulfill obligations - Directive 2000/76 / EC - Incineration of waste - Failure to transpose
[ Bailii ]
 
Radlberger Getrankegesellschaft mbH and Co. and S. Spitz KG v Land Baden-Wurttemberg C-309/02
14 Dec 2004
ECJ

Environment
Environment - Free movement of goods - Packaging and packaging waste - Directive 94/62/EC - Deposit and return obligations for non-reusable packaging that depend on the overall percentage of reusable packaging.

 
Commission v Germany (Judgment) C-463/01
14 Dec 2004
ECJ

European, Environment
Europa Environment - Free movement of goods - Packaging and packaging waste - Directive 94/62/EC - Exploitation and marketing of natural mineral waters - Directive 80/777/EEC - Deposit and return obligations for non-reusable packaging that depend on the overall percentage of reusable packaging.

 
Commission v France - French Text [2004] EUECJ C-172/04
15 Dec 2004
ECJ

European, Environment, Consumer

[ Bailii ]
 
EU-Wood-Trading GmbH v Sonderabfall-Management-Gesellschaft Rheinland-Pfalz mbH [2004] EUECJ C-277/02; C-277/02
16 Dec 2004
ECJ

Environment
ECJ Environment - Waste - Regulation (EEC) No 259/93 on shipments of waste - Waste intended for recovery - Objections - Powers of the authority of dispatch - Recovery contravening the requirements of Article 4 of Directive 75/442/EEC or those of national provisions - Power of the authority of dispatch to raise such objections.
[ Bailii ]
 
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