Regulation & Case Law
They are used to protect and benefit people, businesses and the environment and to support economic growth. Case laws are laws established following judicial decisions given in earlier cases. By deciding a disputed point of law a senior court can change or clarify the law, thereby setting a precedent which other courts are bound to follow or apply in later cases. The level of fines and other sanctions established under case law can act as a significant deterrent to any future offences by organisations and/or individuals on environmental protection issues such as waste management and environmental pollution.
Regulation & Case Law articles
The Competition and Markets Authority (CMA) has published a new 'Green Claims Code' to ensure businesses are not misleading consumers about their environmental credentials.
In Elliott-Smith v Secretary of State for Business, Energy and Industrial Strategy, the claimant applied for judicial review of the legality of the defendants’ joint decision to create the UK Emissions Trading Scheme (UK ETS) as a substitute for UK participation in the EU Emissions Trading Scheme (EU ETS).
In R. (on the application of Hudson) v Windsor and Maidenhead RBC, the appellant appealed against a decision to uphold the local authority’s grant of planning permission for the construction of a holiday village at the Legoland Windsor Resort.
In R (on the application of National Farmers Union) v Secretary of State for the Environment, Food and Rural Affairs, the claimant applied for judicial review of the Secretary's direction to Natural England concerning badger culling.