98 results
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...
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...
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...
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...
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...
2 Nov 2020 14:31
Environmental Law News UpdateIn this latest Environmental Law News Update, Charles Morgan, Gordon Wignall and Christopher Badger consider the NCC’s Final Response to the 25 Year Environment Plan Progress Report, the legal arrangements between water companies and local authorities for payment for the supply of mains water to more...
2 Oct 2020 07:41
Environmental Law News UpdateIn this latest Environmental Law News Update, Charles Morgan, Christopher Badger and Nicholas Ostrowski consider compliance with the Water Framework Directive, Law Commission proposals on reforming the confiscation regime and new proposals to hit net zero from the Climate Assembly UK. A [watercourse more...
15 Sep 2020 14:52
Environmental Law News UpdateIn this latest Environmental Law News Update, William Upton QC, Nicholas Ostrowski and Natasha Hausdorff consider a new planning White Paper, publication of the Environment Agency’s latest scorecard and it’s State of the Environment Report. Planning – all change The government has an agenda to more...
9 Jul 2020 13:22
Environmental Law NewsIn this latest Environmental Law News Update, Charles Morgan, Gordon Wignall and Natasha Hausdorff consider the extent of overflows from the sewerage system, the assessment of waste within the Transfrontier Shipment Regulations and new legislation making e-scooters legal. More leaky pipes? Much has more...
25 Jun 2020 13:07
Scotland’s proposed new environmental watchdog – a rottweiler or a poodle?The vigilant gaze of the European Commission will begin to turn away from UK when the post-Brexit transition period ends at the turn of the year. The Commission has used its powers as the ‘guardian of the treaties’ to enforce EU laws relating to nature conservation, waste and air pollution. Its more...
24 Jun 2020 15:06
Environmental Law NewsIn this latest Environmental Law News Update, Charles Morgan, Christopher Badger and Nicholas Ostrowski consider effectiveness of the Bathing Water Directive, the UK Citizens Climate Assembly’s efforts to explore how the UK can achieve net-zero greenhouse gas emissions by 2050 and further caselaw on more...
16 Jun 2020 13:00
Environmental Law News UpdateIn this latest Environmental Law News Update, Charles Morgan, Christopher Badger and Mark Davies consider mustard gas dumped in a Nottinghamshire lake, a challenge to the Department for Transport’s ‘Road Investment Strategy 2’ and COVID-19 waste in the seas and on the beaches. Mustard gas dumped in more...
26 May 2020 13:13
Environmental Law News UpdateIn this latest Environmental Law News Update, Charles Morgan, Christopher Badger and Mark Davies consider a Court of Appeal case on the meaning of exempt waste operations, a new report on financing energy efficient buildings and the impact of COVID-19 on the aqueous environment. Court of Appeal more...
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