144 results
8 Sep 2021 15:16
Environmental Law News UpdateIn this latest Environmental Law News Update, Charles Morgan, James Harrison and Rukan Hazar consider a new regulatory statement on water and sewage effluent discharges, a legal challenge relating to the emission of noxious landfill site fumes and an announcement on the UK’s new ‘Heat Strategy’. The more...
18 Aug 2021 09:10
Environmental Law News UpdateIn this latest Environmental Law News Update, William Upton QC, Charles Morgan and James Harrison consider practical applications of Coventry v Lawrence, new regulations concerning the spreading of organic manure on agricultural land and a custodial sentence for deliberate offending. Is it still a more...
10 Aug 2021 14:24
Environmental Law News UpdateIn this latest Environmental Law News Update, Charles Morgan, Christopher Badger and James Harrison consider problems with the disposal of sewage sludge, a DEFRA Consultation on Environmental Review and a new UK Innovation Strategy from the BEIS. More Sludge We’ve written several times before about more...
21 Jul 2021 09:59
Environmental Law News UpdateIn this latest Environmental Law News Update, William Upton QC and Charles Morgan consider a case concerning the consensual disposal of judicial review proceedings, developments near COMAH sites, the Southern Water saga and announce a new book on flood claims. Defra found in compromising position more...
13 Jul 2021 10:03
Environmental Law News UpdateIn this latest Environmental Law News Update, William Upton QC and Noémi Byrd consider the countdown to Net Zero, the role of climate change in the Planning Bill reforms and why complaints to the Office of Environmental Protection already matter. Counting down to Net Zero? The Sixth Carbon Budget more...
5 Jul 2021 13:39
EU to lift ban on animal by-products for livestock foodOver ten years ago I posted on the wasteful prohibition under the EU Animal By-Product Regulation on feeding meat and bone meal – waste from slaughterhouses – to omnivorous farm animals, poultry and pigs. See Pigswill and public health: a load of EU Bull, 7 January 2021. While this regulation has more...
21 Jun 2021 14:59
Environmental Law News UpdateIn this latest Environmental Law News Update, William Upton QC, Charles Morgan and Natasha Hausdorff consider lawful development certificates, the Environment Agency’s National Waste Crime Agency and the dangers of sewage sludge. Nocado: not about air quality, but important points of law more...
14 Jun 2021 13:55
Environmental Law News UpdateIn this latest Environmental Law News Update, William Upton QC and James Harrison consider the precautionary principle, the new Dutch case about Shell’s climate change obligations, the latest list of Enforcement Undertakings, and look forward to the UKELA conference. The Precautionary Principle as more...
4 May 2021 14:54
Environmental Law News UpdateIn this latest Environmental Law News Update, Christopher Badger, Nicholas Ostrowski and James Harrison consider the Government’s commitment to a 78% reduction in emissions by 2035, the publication of a climate change strategy by the Pensions Regulator and a case which rules that fluff is subject to more...
4 May 2021 10:23
Health and safety risk assessmentsYou must carry out regular and comprehensive risk assessments within your business . These are not just a box-ticking exercise . You must take action to minimise any risks to health and safety that you find . Failure to do so can endanger your staff and other people , and even result in criminal more...
15 Mar 2021 12:46
Environmental Law News UpdateIn this latest Environmental Law News Update, Charles Morgan and Christopher Badger consider the Supreme Court decision on parent company liability in Okpabi v Royal Dutch Shell plc, another case concerning the scope of the Environment Agency’s liabilities in common law negligence and environmental more...
8 Mar 2021 11:50
Environmental Law News UpdateIn this latest Environmental Law News Update, Christopher Badger and Mark Davies consider water pollution fines for Thames Water and fines in the US for a UK company found to be in breach of air pollution limits. Thames Water fined £2.3 million for ‘foreseeable’ pollution Thames Water has been fined more...
8 Feb 2021 10:55
Environmental Law NewsIn this latest Environmental Law News Update, Charles Morgan, Noémi Byrd and Mark Davies consider a recent case involving the application of Energy National Policy Statements to nationally significant infrastructure projects, developments on legislation to curb sewage overflows and further delays more...
1 Feb 2021 12:21
What is a continuing nuisance?Harrison Jalla and others v. (1) Shell International Trading and Shipping Company (2) Shell Nigeria Exploration and Production Company Limited [2021[ EWCA Civ 63 – read judgment A traditional phrase in the common law, such as “continuing nuisance”, may mean a number of things in different contexts, more...
25 Jan 2021 10:29
Environmental Law News UpdateIn this latest Environmental Law News Update, Charles Morgan, Nicholas Ostrowski and Mark Davies consider disputes over riparian rights and related land drainage issues, more public interest litigation from environmental groups and charities and the news that the US will re-join the Paris Agreement. more...
12 Jan 2021 12:07
Environmental Law News UpdateIn this latest Environmental Law News Update, Charles Morgan, Christopher Badger and Nicholas Ostrowski consider some environmental predictions for 2021, whether an Environmental Impact Assessment should consider ‘indirect’ emissions and a further case dealing with the complexities of assessing more...
PREVENTING PRESCRIPTIVE RIGHTS ARISING: NO MORE MR NICE GUY?
WHEN WILL USER BE PERMISSIVE?
INTRODUCTION 1. This talk concerns the issue of when user will be permissive so as to prevent the following rights from arising: · Private rights of way (easements) · Public Rights of Way (highways) · Village Greens and/or Recreational Easements 2. All these rights can only be acquired where the more...
ABATING NATURAL NUISANCES:
WHAT STEPS WILL SATISFY THE MEASURED DUTY OF CARE?
INTRODUCTION 1. Where there is a naturally occurring nuisance on a landowner’s land it is now well established that he will owe a “measured duty of care” to adjoining landowners who are affected by it. 2. What is meant by a “measured duty of care” in broad terms is a duty that reflects the more...
11 Dec 2020 09:32
Environmental Law News UpdateIn this latest Environmental Law News Update, Charles Morgan, Christopher Badger and Mark Davies consider the fatal accident at Avonmouth, publication of the UK’s Sixth Carbon Budget and consultation on the Environment Agency’s charges for a UK Emissions Trading Scheme. Fatal Accident at Avonmouth more...
20 Nov 2020 16:55
Environmental Law News UpdateIn this latest Environmental Law News Update, Gordon Wignall, Christopher Badger and Mark Davies consider clarification on the sentencing guidelines from the Court of Appeal, measures to tackle misleading environmental claims and the announcement of the Government’s Ten Point Plan for a Green more...
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