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Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

leading case on these more general obligations is the San Rocco Valley case ( Case Case 6.2 Case C-365/97 Commission v. Italy [2003] Env LR 1 (the San Rocco Valley case) 6.2 ).

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Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

law cases, such as environmental nuisance cases, it is possible that a PCO may be available in cases where there is a sufficient public interest. Statutory appeals in cases not

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Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

law of prevention’ (see further Case Case 5.8 The Sellafield (or MOX) cases 5.8 and Box Consider This 17.3 ). What little international case law there is, therefore, indicates

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Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

similar case arose today may, however, be doubted, as Case Case 11.1 Dennis v. Ministry of Defence (MOD) [2003] Env LR 34 11.1 and the section on ‘Remedies’ later show. Case 11.1

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Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

merits (see Case Case 8.11 R v. Thames Water Utilities Ltd [2010] EWCA Crim 202 8.11 ). Case 8.11 R v. Thames Water Utilities Ltd [2010] EWCA Crim 202 In this case the Court

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Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

decision in the seminal Tesco case ( Case Case 12.3 Tesco Stores Ltd v. Secretary of State for the Environment [1995] 1 WLR 759 12.3 ). Case 12.3 T esco Stores Ltd v. Secretary

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Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

prosecution. In most cases, the costs of a clean-up operation are likely to be higher than the potential fine. Again, the Thames Water case discussed in Case Case 8.11 R v. Thames Water

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Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

was to sink another borehole at a cost of £1m. CWC eventually lost its case in the House of Lords (see Case Case 11.3 Hunter v. Canary Wharf Ltd [1997] 2 WLR 684 11.3 ). Even had it

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Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

, as illustrated in Case Case 3.1 Case concerning the Gabčíkovo-Nagymaros Project (Hungary/Slovakia) 37 ILM (1998) 162 (Danube Dam) 3.1. Case 3.1 Case concerning the Gabčí

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Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

international law (see Case Case 15.2 Transboundary pollution and customary international law— USA v. Canada (1941) 3 RIAA 1907 (the Trail Smelter case) 15.2 ). Case 15.2 Transboundary

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Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

whereas others are defined as strictly scientific ( Case Case 20.3 Scientific criteria for determining endocrine disruptors— Case T-521/14 Sweden v. Commission 20.3 ). It is not uncommon

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Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

coherent way. ● Environmental disputes and cases with an environmental element are becoming more frequent It is increasingly the case that the public views the results of ‘environmental’

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Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

A. Kraemer (1987) 1 European Env Rev 12. 65 Case C-302/86 Commission v. Denmark [1988] ECR 4607, discussed at Case Case 6.6 Case 302/86 Commission v. Denmark [1988] ECR 4607 (Danish

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when the Court described environmental protection as an ‘essential objective of the Community’, leading to significant case law developments that allowed exceptions from internal market

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see Case C-513/99 Concordia Bus Finland Oy Ab v Helsingin Kaupunki and HKL-Bussiliikenne [2002] ECR I-7213; Case C-236/01 Monsanto Agricoltura Italia [2003] ECR I-8105; Case T-229/04

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paragraphs 1 and 2, Member States may decide case by case whether certain waste has ceased to be waste taking into account the applicable case law … Note the overriding requirement

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245. In cases concerning hazardous activities, the importance of public access to the conclusions of studies undertaken to identify and evaluate risks and to essential information

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law and the case of Case C-224/01 Köbler v Republik Osterreich [2003] ECR I-10239. The case makes interesting reading, particularly in relation to how the CJEU’s case law has evolved

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Authority case before it were not distinguishable from those of the Alphacell case. 46 While Alphacell involved a storage tank for pollutants, the National Rivers Authority case involved

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departing from the practice in this case. So I would reject the claimant’s case based on a failure to consider which method to use in the individual case. There still remains a question