Environmental Law and Management最新文献

Human Rights: Steel and others v UK (ECHR lays down limits to legitimate protest in environmental cases); Civil Liability: Baxter v Camden London Borough Council (ruling on noise); Ind v Plant Hire Co.(Stroud)Ltd (compensation for waste nuisance); Health and Safety: R v F Howe & Son (Engineers) Ltd (Court of Appeal criticises fines in health & safety cases as too low and sets new guidelines); Highways: Ramblers Association v Hoogstraten ; IPC/LAAPC: Compton and Gath Drums (important appeal decisions by the DETR on the content and procedure of authorisations); William Blythe & Co.(can low fines elsewhere be used as proportionality argument to reduce other fines?); Agency v Petrus Oils (case against a company collapses - Agency penalised in costs); Oakley v Birmingham City Council (profound implications of location of sanitary facilities); Forthcoming prosecution: HSE v Monsanto (Monsanto to be prosecuted for alleged breaches of rules relating to trials of genetically modified crops); Waste: Mayer Parry Recycling Ltd v The Environmental Agency (extended meaning given to the notion of 'waste' in the context of scrap metal); Customs and Excise v ICI Chemicals and Polymers (restricted meaning given to the notion of 'waste'in the context of certain site engineering activities); Customs and Excise v Taylor Woodrow (important exemption gained for removal of contaminated material).

Commentary on the most recent environmental law decisions—a comprehensive digest delivered, reported or becoming available in October to November 1998—from the Scottish law courts.

This article is third in a series which describes the implementation of the contaminated land provisions of the Environment Act 1995. Initial attempts to implement the new regime on contaminated land were described in “Part I: The Germ of the Idea”¹ and in “Part II”². As indicated in those articles, s. 57 of the Environment Act 1995 (the Act) makes provision for the insertion into the Environmental Protection Act 1990 (EPA 1990) of entirely new provisions (albeit initially framed on the statutory nuisance provisions within Part III of EPA 1990) which attempt to provide a framework to require the clean-up, and to apportion the liabilities associated with such clean-up, of contaminated land. This new system, in common with much recent legislation, will depend heavily upon statutory instruments and ministerially issued guidance to provide the detailed mechanisms and assistance for the enforcing authorities, without which the primary legislation could not be operated.

The Groundwater Regulations 1998; Town and Country Planning General (Amendment) Regulations 1998; The Water Undertakers (Extension of Byelaws) Order 1998, and the Water Undertakers (Extension of Byelaws) (No.2) Order 1998.

Setting Environmental Standards(Twenty-first Report of the Royal Commission on Environmental Pollution, Cm 4053,1998); Regional Development Agencies' Strategy Guidance (Consultation Draft, 1998); Local Authority Progress in Implementing the Local Air Pollution Control Regime (Action Plan and Response, DETR,etc,October 1998); Coal Mining and Colliery Spoil Disposal (Draft Revised MPG 3,October 1998)

A review of official environmental policy documents, research reports and related non-parliamentary publications published or released between September and November 1998.

The Scotland Act 1998

This Legal Update covers developments from 6 October 1998 to 21 November 1998 or, in the case of materials issued by the Stationery Office or published by other sources, those materials issued during this period.