Environmental Protection in UK Law
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South Bucks District Council v Secretary of State for Transport, Local Government and the Regions and another
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They must enable the reader to understand why the matter was decided as it was and what conclusions were reached on the "principal important controversial issues", disclosing how any issue of law or fact was resolved. The reasoning must not give rise to a substantial doubt as to whether the decision-maker erred in law, for example by misunderstanding some relevant policy or some other important matter or by failing to reach a rational decision on relevant grounds.
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Environment Agency v Biffa Waste Services Ltd
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I have set out the required monitoring methodology in detail because it demonstrates, first, the extent of the operator's duty to monitor and, secondly, the close co-operation contemplated between the operator and the officers of the Environment Agency in achieving environmental protection. The procedure provided does not support a construction of 2.6.12 which gives the first and last word in determining whether a breach of condition has occurred to the officer of the Agency.
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South Lakeland District Council v Secretary of State for the Environment and Another
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Second, the statute does not in terms require that a development must perform a preserving or enhancing function. The court is not here concerned with enhancement, but the ordinary meaning of "preserve" as a transitive verb is "to keep safe from harm or injury; to keep in safety, save, take care of, guard" (OED (2nd edn) Vol XII, P 404). In my judgment character or appearance can be said to be preserved where they are not harmed.
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Clientearth (No.2) v Secretary of State for the Environment, Food and Rural Affairs Mayor of London and Others (Interested Parties)
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But I reject any suggestion that the state can have any regard to cost in fixing the target date for compliance or in determining the route by which the compliance can be achieved where one route produces results quicker than another. In those respects the determining consideration has to be the efficacy of the measure in question and not their cost. That, it seems to me, flows inevitably from the requirements in the Article to keep the exceedance period as short as possible.
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Trevelyan v Secretary of State for the Environment, Transport and the Regions
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Where the Secretary of State or an inspector appointed by him has to consider whether a right of way that is marked on a definitive map in fact exists, he must start with an initial presumption that it does. If there were no evidence which made it reasonably arguable that such a right of way existed, it should not have been marked on the map. In the absence of evidence to the contrary, it should be assumed that the proper procedures were followed and thus that such evidence existed.
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South Lakeland District Council v Secretary of State for the Environment and Another
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If any proposed development would conflict with that objective, there will be a strong presumption against the grant of planning permission, though, no doubt, in exceptional cases the presumption may be overridden in favour of development which is desirable on the ground of some other public interest.
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R (Smith) v North Eastern Derbyshire Primary Care Trust
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The defendants would have to show that the decision would inevitably have been the same and the court must not unconsciously stray from its proper province of reviewing the propriety of the decision making process into the forbidden territory of evaluating the substantial merits of the decision.
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The application of information technology and environmental protection
The Aarhus Convention became a part of the Serbian legal system through the adoption of the Law on Ratification of the Convention on Access to Information, Public Participation in Decision Making a...
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New Opportunities, Same Constraints: Environmental Protection and China's New Development Path
Since coming to power in 2002, China's ‘fourth generation’ leadership has attempted to steer the country on to a new development path that emphasises environmental protection and resource conservat...
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The evolution of collaborative networks: A social network analysis of Chinese environmental protection policy
Interagency collaboration helps governments to better resolve various complex societal problems. This contribution examines the mechanisms underlying the collaboration of disparate national governm...
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The evolution of collaborative networks: A social network analysis of Chinese environmental protection policy
Interagency collaboration helps governments to better resolve various complex societal problems. This contribution examines the mechanisms underlying the collaboration of disparate national governm...
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International trade law and environmental protection – a new era?
The UK’s decision to leave the EU has raised inevitable questions about whether the UK will continue to align itself to European environmental laws and standards or take a divergent path. There is ...
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EPA Seeks Joint Applications from U.S. and UK Partners Regarding Nano Research
On March 31, 2009, the U.S. Environmental Protection Agency (EPA) announced the funding opportunity for its joint U.S. — United Kingdom (UK) Research Program: Environmental Behavior, Bioavailabilit......On March 31, 2009, the U.S. Environmental Protection Agency (EPA) announced the funding opportunity for its joint ......
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EPA Announces Joint Research Partnership with UK Agencies Regarding the Behavior and Effects of Nanomaterials in the Environment
On December 29, 2008, the U.S. Environmental Protection Agency (EPA) announced that it is in the process of finalizing a major joint research effort with a number of United Kingdom (UK) agencies th......On December 29, 2008, the U.S. Environmental Protection Agency (EPA) announced that it is in the process of finalizing ......
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Post-Brexit Environmental Principles and Governance Bill Consultation Launches in UK
Consultation document proposes replacing the European Commission with a new environmental watchdog, among other recommendations. By Paul A. Davies and Michael D. Green The UK government has announc......... relation to the proposed new Environmental Principles and Governance Bill, which aims to ensure maintained and strengthened environmental protection following the UK’s exit from the EU. While this particular consultation, which was announced on 10 May, relates to England, the government has ......