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Environment law update

03 July 2008 / Stephen Hockman
Issue: 7328 / Categories: Features , Environment
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NEW COMPLIANCE REGIME

SPECIAL HABITATS PROTECTION

DISILLUSIONMENT
In their latest “Environmental Law bulletin” (March 2008), the editors of the Encyclopaedia of Environmental Law reveal a certain sense of disillusionment. Modern environmental politics they say is:

“...characterised by astonishing levels of double-mindedness, whereby so much self-righteous effort can be put into the minutiae, yet the effects of (say) expansion of Heathrow may be swallowed so easily.”

Yet there have been a range of recent developments both in legislation and in case law which are much too significant to be described as minutiae and at the same time are much more beneficial to the environment than airport expansion.

EMISSION REDUCTIONS
At the European level the EU is considering proposed amendments to the Emissions Trading Scheme (ETS) Directive (the subject of a new consultation exercise by the Department for Environment, Food and Rural Affairs), a draft decision allocating among member states the responsibility for achieving emissions reductions outside the EU ETS sectors and a new Directive and communication relating to carbon capture and storage.

At a national level, and

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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