Environmental Protection in UK Law
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Nicola Squire v Shropshire Council
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He was able to advise the Defendant Council, on the basis of his experience and expertise, that localised odour from manure spreading is short—lived where agricultural best practice takes place and that whilst stockpiled manure produces odour for a time until a crust forms thereafter there is little odour.
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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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R (Winchester College) v Hampshire County Council
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In my judgment, section 67(6) requires that, for the purposes of section 67(3), the application must be made strictly in accordance with paragraph 1. That is not to say that there is no scope for the application of the principle that the law is not concerned with very small things (de minimis non curat lex ). Indeed this principle is explicitly recognised in regulation 8(1) of the 1993 Regulations. Thus minor departures from paragraph 1 will not invalidate an application.
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R (Zoolife International Ltd) v Secretary of State for Environment, Food and Rural Affairs
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In my view, these statements show clearly that academic issues cannot and should not be determined by courts unless there are exceptional circumstances such as where two conditions are satisfied in the type of application now before the court.
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R (on the application of Langton) v Secretary of State for Environment, Food and Rural Affairs
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Further, as outlined earlier in the judgment, the points raised by those such as the claimant and ZSL had been considered over the years prior to the consultation and in some cases rejected in favour of supplementary culling, which was seen as a logical extension of the existing policy. As the decision-maker in June 2017, the Secretary of State had already been provided with the draft consultation document and guidance at the time of the December 2016 submission.
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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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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 ......
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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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Chapter CIRD61001
...... with the phrase ‘contaminated land’ as defined in the Environmental Protection Act, Part IIA. Although both sets of legislation are seeking to ......
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Chapter IDG50140
......Scottish Environmental...Scottish Environmental Protection......
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Chapter BIM67545
...... a waste management licence under Part 2 Environmental Protection Act 1990 or any corresponding provision in force in Northern ......
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Chapter IHTM11115
......, religious or racial harmony, equality and diversity, environmental protection, animal welfare, and. the promotion of the efficiency of the ......