Environmental Law

Does “environmental damage” include the prevention or deceleration of recovery from an existing, already-damaged environmental state? The EWH Court answered in the negative.

Seiont, Gwyrfai and Llyfni Anglers’ Society, R (on the application of) v Natural Resources Wales & Ors [2015] EWHC 3578 (Admin) (17 December 2015)

This case raises the important issue of whether, for the purposes of Article 2(2) of the Environmental Liability Directive (EU Directive 2004/35/EC), “damage” includes the prevention or deceleration of recovery from an existing, already-damaged environmental state; or whether it is restricted to a deterioration from an existing state. The claimant sought to challenge the decision of Natural Resources Wales (“NRW”) on its notification to it that environmental damage had been caused by discharges into the lake Llyn Padarn.

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The England and Wales Court of Appeal compels the Environment Agency to issue a standard rules environmental permit for the recovery of waste

Tarmac Aggregates Ltd, R (on the application of) v The Secretary of State for Environment, Food and Rural Affairs & Anor [2015] EWCA Civ 1149 (17 November 2015)

This case is concerned with a standard rules environmental permit that is required in relation to operations involving use of waste which constitute the recovery of the waste as described in Article 3(15) of Directive 2008/98/EC (the Waste Framework Directive).

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The England and Wales High Court confirms the grant of an authorisation for emergency use of plant protection products

Friends of the Earth Ltd, R (On the Application Of) v Secretary of State for the Environment, Food And Rural Affairs [2015] EWHC 3283 (Admin) (12 November 2015)

This case is about the placing on the market of plant protection products under Article 53 of Regulation (EC) No 1107/2009. In derogation from the common rules of the Regulation, in special circumstances a Member State may authorise the placing on the market of plant protection products, for limited and controlled use, where such a measure appears necessary because of a danger which cannot be contained by any other reasonable means.

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