Category: Environmental Law

Reconceptualising the Role of the New Zealand Environment Court

What does the specialised nature of an environment court entitle it to do? The recent decision of the New Zealand Supreme Court in Environmental Defence Society Incorporated v Marlborough District Council (‘the King Salmon case’)[2014] NZSC 38 helps to answer…

Bund Naturschutz in Bayern Revisited: The Required Standard of Protection under the EU’s Habitats Directive Prior to a Site’s Adoption as a Site of Community Importance

This article presents a fresh analysis of the implications of the 2006 judgment of the Court of Justice of the European Union (CJEU) in Case C-244/05 Bund Naturschutz in Bayern, which clarified the standard of legal protection afforded to sites…

Emissions Trading Schemes – Markets, States and Law. By SANJA BOGOJEVIC

Related Articles: The Top 6 Takeaways From the EPA’s Proposed Greenhouse Gas Rules The Environmental Protection Agency (EPA) released a proposed rule this yesterday that would regulate carbon dioxide (CO2) emissions from existing power plants. The rule would require reductions…

Enforcement at the EPA: High Stakes and Hard Choices. By JOEL A. MINTZ

Related Articles: The High Cost of Whistleblowing In a number of recent posts, we have highlighted the SEC’s whistleblower program, which offers awards of 10%-30% of the money collected where a whistleblower provides high-quality, original information that results in an…

Nuisance and Environmental Protection – A Study of Nuisance Injunctions in Practice. By BEN PONTIN

Related Articles: Environmental Alert: EPA Will Not Require or Enforce Air Permits Solely For GHGs On July 24, 2014 the U.S. Environmental Protection Agency (EPA) Office of Air and Radiation issued a Memorandum to all EPA Regions regarding the issuance…