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Browse \ Tags \ Environmental Law

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Climate Change Litigation: Can the Courts Save the Planet?

Climate change is becoming a more pressing problem everyday, with mankind only having an estimated 11 years left to prevent irreversible damage. In light of the increasing failure of governments to take action, litigants are turning to the courts to force change in this area.

12:00, 23rd July 2019
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Heathrow Expansion: A Potential Developmental Delusion

Recently, the Conservative Party has seemed willing to back the expansion of London's famous Heathrow Airport, despite serious climate change implications. In May 2019, a judicial review claim regarding the plans was struck down in the High Court. Was this the correct decision for the court to make?

12:00, 25th June 2019
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Shareholders v Stakeholders: Companies Protecting the Environment?

Companies have always operated, in accordance with the desires of shareholders, in the most profitable ways. However, this has been at great cost to the health of the environment. New legislation is required to ensure companies act in ways that protect both profits and the world.

12:00, 2nd November 2018
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The Precautionary Approach in the North Sea: Causing More Harm than Good?

The precautionary approach is one of the most fundamental principles of international environmental law. It has been vital to the protection of the environment from harm in many contexts. However, in others like artificial reef creation, its overly rigid application can be counter-productive.

12:00, 19th June 2018
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A New Rule for Company Groups? Knowingly Allowing a Subsidiary to Act Illegally

The current law on company groups allows too much scope for involuntary, unsecured creditors to lose out. Creating a new offence of knowingly allowing a subsidiary to act illegally offers protection to these creditors, without encroaching unduly on the principle of corporate legal personality.

12:00, 4th May 2018
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A Digital Future: The New Electronic Communications Code's Impact on Landowners

The government is aiming to enhance the UK's digital capacity. As part of this, it has introduced new rules that regulate interactions between landowners and telecommunications operators. These rules are more favourable to operators, which might actually undermine the success of government's plans.

12:00, 17th April 2018
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Teeing Off: Opening the Door to Easements for Sporting Facilities

Though sport's prominence in society is widely accepted, the legal world has been slow to catch up. Yet the times they are a changing: excitingly, last summer, the Court of Appeal accepted the public interest in accessing sporting facilities could trigger the recognition of an easement.

12:00, 6th March 2018
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Through the Looking Glass: Law and Interdisciplinarity

There is a tendency among lawyers to focus solely on the black-letter provisions of the law. By doing so, they neglect a valuable method with which to solve problems: examining the issue through a new lens that offers a different perspective that might shed light on a hitherto unknown solution.

12:00, 5th September 2017
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India’s National Green Tribunal: A Blueprint for Environmental Justice?

The National Green Tribunal, established by the National Green Tribunal Act 2010, is a special tribunal created in India to dispose expeditiously and effectively of cases pertaining to environmental matters. Has it worked, and could the same model be deployed in the UK without "floodgates" opening?

12:00, 22nd June 2016
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From Farm to Fork: Legislating Against Food Waste

The Food Waste (Reduction) Bill, supported by Conservative, SNP, Liberal Democrat, and Green MPs comprises two broad objectives: to reduce food waste by individuals, businesses and public bodies, and for businesses to enter into formal agreements with food redistribution organisations.

12:00, 19th April 2016
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Atmospheric Trust Litigation

The 2015 UN Climate Change Conference in Paris has sparked global debate regarding climate change. Sadly, the yardstick will be the relative inaction of the US and China in response. What are private individuals doing about climate change around the world? Is the atmosphere held on trust for us all?

12:00, 30th March 2016
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What could ‘Brexit’ mean for UK environmental law and policy?

In the 1970s and 80s, the UK earned the title ‘the Dirty Man of Europe’ as a result of its poor environmental regulation, which has since improved. However, with the possibility of revoking EU membership following the 2017 referendum comes the threat of great lacunae in environmental law.

12:00, 2nd December 2015
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Setting Precedents: Dutch Judiciary v Climate Change

In June of this year, the Dutch judiciary became the first to take a stand against climate change, holding the Dutch government to account on green house gas emission targets. What was the reason for success, and could NGOs in other jurisdictions follow suit, or will this be the first and last?

12:00, 14th September 2015
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EU Waste Policy: The Commission’s Ambition for Circular Economies

In December 2014, the Commission announced that it was withdrawing its circular economy package and would be reissuing ‘a broader and more ambitious approach’, which looks beyond solely waste in an attempt to ‘close the loop’ on the circular economy. This is a positive move, despite opposition.

12:00, 2nd June 2015
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