Edie environmental case law update (June 2005)

In this month's Semple Fraser and Edie News update of legal cases to impact the environmental industry sector in the UK, Europe and Internationally: Spain breaches multiple EU rulings on waste, water and wastewater; combustion plants ruling; contaminated land and much more.

European Case Law

· Case C-416/02 Commission v Spain

Judgement was given in the case of Commission v Spain on 12 May 2005. The case concerned alleged breaches by Spain of a number of European Directives.

· Case C-99/04 Commission v Italy (Large Combustion Plants Directive)

The European Court of Justice (ECJ) pronounced judgement in the case of Commission v Italy on 12 May 2005.

UK Case Law

· Alford v Department of Environment, Food and Rural Affairs

Judgement was given in the case of Alford v Department of Environment, Food and Rural Affairs on 5 May 2005. The case concerned the application of the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (England) Regulations 2001.

· Circular Facilities (London) Ltd v Sevenoaks District Council

Judgement was given by the High Court in the case of Circular Facilities (London) Limited v Sevenoaks District Council on 10 May 2005. The case was the first of its kind to reach the High Court following the service of a remediation notice by a local authority in respect of an area of contaminated land.

· R (on the application of Thames Water Utilities Ltd) v Bromley Magistrates Court

Proceedings were initially raised by the Environment Agency, as prosecutor, regarding numerous allegations that Thames Water Utilities Ltd was responsible for unlawfully depositing “controlled waste” in breach of Section 33 of the Environment Protection Act (EPA) 1990.

· Possible future legal challenges

Moray Council announced this month that it intends to take the Scottish Executive to court, by way of an action for judicial review of its decision to grant approval for a controversial wind-farm development near Keith in the north of Scotland.

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