Over the past five or so years, there has been what can only be described as a soar in the number of cases being brought around the world relating to climate change.
Article 2 and Article 8 ECHR engaged by failure to regulate hydrogen sulphide emissions from landfill - R (on the application of Richards) v Environment Agency and Walleys Quarry Limited  EWHC 2501 (Admin)
Judgment of Mr Justice Fordham handed down on 16 September 2021. Following an expedited rolled up judicial review hearing, the High Court has issued a declaration in terms that, in order to comply with its legal obligations, the Environment Agency (EA) must:
In March 2021, a joint statement, endorsed by 69 States, was delivered to the UN Human Rights Council calling for the recognition of the right to a healthy environment at the international level. This was complemented by another joint statement to the Human Rights Council, endorsed by fifteen UN Entities, led by the UN Environment Programme, which argued that the time for recognition of the right is now.
1. Biodiversity is presently a key consideration in the planning system only where development is proposed on or nearby a site that is specifically protected, such as a SSSI.
The Conservation of Habitats and Species Regulations 2017 (“the Conservation Regulations”) (and the equivalent offshore SI) is “retained EU law” under the EU Withdrawal Act 2018 (“EUWA 2018”) and, more specifically, “EU-derived domestic legislation”. This post briefly examines what that means, what further changes may be expected and some issues arising.
Mr Justice Holgate handed down judgment on 26 July 2021 in the case of R (Transport Action Network Ltd) v Secretary of State for Transport  EWHC 2095 (Admin). The case was a climate change focussed judicial review of the Government’s second Road Investment Strategy (RIS2) set under s3 of the Infrastructure Act 2015. Highways England is to develop and construct the road schemes identified in RIS2. RIS2 covered 45 road schemes rolled forward from RIS1 and five new schemes, including the Lower Thames Crossing.
Much of the UK’s domestic environmental law is derived from EU law. This covers strategic environmental assessment, environmental impact assessment and the protection of habitats and species, amongst many other areas. The domestic regulations covering these areas qualify as retained EU law and now need to be considered and applied in light of the arrangements for dealing with EU exit