Environmental law

The new EIA Regulations: what has actually changed?

 Author: James Gibson, Associate (Scotland), Planning, London The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 came into force on 16 May 2017, implementing the 2014 EU Directive. Similar regulations have also come into force under the infrastructure planning regime. … Continue reading

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Election ‘purdah’ is no excuse for non-publication of revised air quality plan

Author: Julie Vaughan, Senior Associate, Environment, London Yesterday, a spokesman for the Prime Minister announced that the Government won't be pursuing an appeal to the High Court's decision of 27 April 2017, in which the Government failed in its attempt … Continue reading

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The changing cost of environmental claims

Authors: Andrew Lidbetter, Partner, London and Jasveer Randhawa, Of Counsel, London   In environmental (Aarhus Convention) claims, judges can now award costs that take into account the claimant's financial resources. As of 28 February 2017, judges in environmental judicial review claims and … Continue reading

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Air quality – further developments this week

Authors: Julie Vaughan, Senior Associate, Environment and Helena Thompson, Associate, Planning and Environment, London There have been a number of developments in relation to air quality since our blog post last week: Revision of the National Emissions Ceilings Directive was … Continue reading

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Air quality update

Authors: Julie Vaughan, Senior Associate, Environment and Helena Thompson, Associate, Planning and Environment, London This blog gives an overview of the current position on air quality following the recent ClientEarth (No.2) court decision regarding DEFRA's air quality plan. In this … Continue reading

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The Great Repeal Bill: What will this mean for environmental legislation?

Authors: Julie Vaughan, Senior Associate, Environment and Helena Thompson, Associate, Planning and Environment, London On 2 October 2016, Prime Minister Theresa May announced at the Conservative Party's annual conference that all existing EU law – and therefore, environmental law – … Continue reading

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Flooding: Some key considerations for developers

Authors: Julie Vaughan, Senior Associate, Environment and John Buttanshaw, Associate, Environment, London In the aftermath of the extreme flooding of winter 2015/16 the government is currently undertaking a 'National Flood Resilience Review'. This will assess how the country can be better … Continue reading

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Brexit stage left

Julie Vaughan, senior associate in the Environment team at Herbert Smith Freehills, co-authored an article for Estates Gazette on the legal impact of a Brexit. To read the article on EGi, please click here. Please also visit our Herbert Smith Freehills Brexit hub page, … Continue reading

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EIA thresholds reduced

The regulations relating to Environmental Impact Assessment (EIA) set out various 'thresholds' for the purposes of determining whether development needs to be screened for EIA purposes. If the scale of the development is lower than the relevant threshold in the … Continue reading

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Environment Agency softens its approach to Energy Savings Opportunity Scheme (ESOS) compliance

The Environment Agency (EA) has published guidance on its approach to enforcement of ESOS (the Enforcement Guidance). ESOS currently requires organisations to undertake energy audits and confirm full compliance to the EA by 5 December 2015. The Enforcement Guidance now … Continue reading

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