FTB Environmental Law Blog

On 13 September 2024, the High Court quashed the decision to grant planning permission for a new underground coal mine in Whitehaven, Cumbria in the case of Friends of the Earth v SoS Levelling Up, Housing and Communities & others [2024] EWHC 2349 (Admin) (‘Whitehaven’). The hearing took place shortly after the handing down of the judgment of the Supreme Court in R (Finch on behalf of the Weald Action Group) v Surrey County Council [2024] UKSC 20 (‘Finch’).  In this latest #elb post, Stephanie Bruce-Smith notes that the decision in Whitehaven will be of interest to practitioners in both planning law and climate change law, not only for its discussion (and helpful summary) of Finch but also for its confirmation that the impact granting consent for a project may have on the ability of the UK to perform its leadership role in promoting international action on climate change may be a legally relevant consideration in the context of a planning decision. https://lnkd.in/eGPUdMBy Subscribe to #elb https://lnkd.in/eX6CStUw #EnvironmentalLaw #Blog #ClimateChange

On 03 September 2024, the Office of Environmental Protection (OEP) released a report (https://lnkd.in/eFMGEXpe) entitled ‘A review of implementation of the Water Framework Directive Regulations and River Basin Management Planning in Northern Ireland.’  The report’s overarching conclusion is that Northern Ireland is not on track to meet the 2027 target for achieving the Environmental Objectives in the Water Environment (Water Framework Directive) (Northern Ireland) Regulations 2017 (https://lnkd.in/e5nTJPKS) or the targets set by the Department of Agriculture, Environment and Rural Affairs (DAERA). In this latest #elb post, Francis Taylor Building's Claire Nevin provides a summary of the report: https://lnkd.in/e3YRnEPH Subscribe to ELB: https://lnkd.in/eX6CStUw #EnvironmentalLaw #Blog #OEP #NorthernIreland

In this latest #elb post, Francis Taylor Building pupil barrister Armin Solimani explores the Supreme Court's decision in Manchester Ship Canal Company Ltd v United Utilities Water Ltd (No. 2) https://lnkd.in/eygPedfe Subscribe to #elb: https://lnkd.in/eX6CStUw #SupremeCourt #Nuisance #RiparianRights

In this latest #elb post, Francis Taylor Building's Jonathan W. provides an overview and comment on the recent judgment in R (Rights Community Action) v Secretary of State for Levelling Up, Housing and Communities [2024] EWHC 1693 (Admin), the first case to consider s.19 of the Environment Act 2021, which requires a Minister to have due regard to the Environmental Principles Policy Statement when making policy. https://lnkd.in/e5jccGQv Subscribe to #elb: https://lnkd.in/eX6CStUw #EnvironmentalLaw #Blog #HighCourt #EnvironmentAct2021

In this #elb post, Francis Taylor Building's Claire Nevin sets out her thoughts on whether Klimaseniorinnen really does constitute a radical departure for the ECtHR or is better understood as a natural development of its jurisprudence. https://lnkd.in/e-3kzaRm Subscribe to #elb https://lnkd.in/eX6CStUw #climatechange #EuropeanCourtofHumanRights #environmentallaw #blog #barrister

The diminutive sand eel – a small, eel-like fish most commonly photographed hanging out of a puffin’s beak – has become the centre of the first UK-EU dispute under the Trade and Co-operation Agreement (TCA), which governs the post-Brexit relationship between the UK and the EU. In this latest #elb post, Francis Taylor Building's Esther Drabkin-Reiter discusses the dispute. https://lnkd.in/eRn9dRys Subscribe to #elb: https://lnkd.in/eX6CStUw #environmentallaw #blog #barristers #TCA #sandeel

In this latest #elb post, Francis Taylor Building pupil barrister Armin Solimani discusses the recent High Court decision in Friends of the Earth v Secretary of State for Energy Security and Net Zero - https://lnkd.in/exrvsa5H Subscribe to #elb https://lnkd.in/eX6CStUw #highcourt #climatechange #carbondelivery #environmentallaw #blog #barristers

In the first of a series of #elb posts that will address the legal questions regarding the CBAM’s compliance with WTO law, Francis Taylor Building pupil, Gabriel Kocjancic-Nelson sets out, broadly, the relevant WTO law and its relationship with Border Carbon Adjustments (BCAs), the category of taxation in which the CBAM sits. The second post (to be published soon) will address the EU ETS and CBAM, specific aspects of the CBAM which have drawn criticism and the potential for disputes arising at the WTO panel - https://lnkd.in/e8t539aq Subscribe to #elb: https://lnkd.in/eX6CStUw #environmentallaw #blog #barristers #wto

In this latest #elb post, Francis Taylor Building pupil barrister, Armin Solimani takes a closer look at the new national policy statements for renewable energy NSIPs: https://lnkd.in/dmd3gAKx Subscribe to #elb: https://lnkd.in/eX6CStUw #renewableenergypolicy #nsips #blog #environmentallaw

In this latest #elb post, Francis Taylor Building's Claire Nevin discusses the Advertising Standard Agency's decision to ban a Toyota SUV advertisement. https://lnkd.in/emj4nFu5 sign up for #elb here: https://lnkd.in/eX6CStUw #environmentallaw #csr #advertising #barrister #corporatesocialresponsiblity