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News, Articles & Events: September 2016

UK case law update: we discuss the recent case of Burge and another v Gloucestershire Council [2016] UKUT 300 (LC), where the Court decided whether the claimant was entitled to compensation from the local authority for tree root damage caused by an oak protected by a tree preservation order. Background In 2003, the claimants decided […]

Hilde Orleans & Others v Vlaams Gewest (joined cases C-387/15 and C-388/15), decided by the Court of Justice of the European Union on 21 July 2016. We discuss how the CJEU’s decision in this case concerning appropriate assessment under the Habitats Directive 1992, follows on from and clarifies existing case law in this area. Background […]

In January 2016, we brought you the news of the first ever UK High Court case on “environmental damage” under the Environmental Liability Directive. Since then, the claimant, Seiont, Gwyrfai and Llyfni Anglers’ Society, has challenged the decision in the Court of Appeal. We discuss here the results of the appeal. Background The Environmental Liability […]

A key element for the effective management of legal risk in the field of environmental law is to have a robust compliance programme in place. However issues can still arise which leave business and landowners open to the risk of prosecution or other enforcement action by regulators. This article explores some recent outcomes of prosecutions […]

Many of you will no doubt be concerned about the impacts of the Brexit decision on our natural environment legal framework and the health of our natural environment. Those of you working in the ecological services industry may be fearful of the implications of Brexit on your work and businesses. Those of you involved in […]

Submit your EIA planning applications / take other EIA action prior to 16 May 2017 to avoid additional EIA requirements under the new EIA Directive. New EIA Directive By 16 May 2017 the new EIA Directive (2014/52/EU) must be implemented in all Member States. The Brexit decision does not affect this – the UK, as […]

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