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6. The European Union and the environment  

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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10. Access to environmental justice and the role of the courts  

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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13. Environmental assessment  

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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11. Private law and environmental protection  

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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8. Environmental crime and enforcement  

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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12. Town and country planning  

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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17. Water pollution and water quality  

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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2. History and challenges  

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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3. Environmental values, principles, and rights  

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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15. Climate change, ozone depletion, and air quality  

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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20. New technologies  

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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1. What is environmental law? A brief introduction  

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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7. The regulation of environmental protection  

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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6. The European Union and the environment  

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 6.1 Case C-365/97 Commission v. Italy [2003] Env LR 1 (the San Rocco Valley case) 6.1 ).

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11. European Union Environmental Law  

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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10. Access to environmental justice and the role of the courts  

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

A lot of the uncertainty in relation to planning cases was removed by the decision of the House of Lords in Burkett ( Case Case 10.2 Time limits and delay—R v. Hammersmith London

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11. Private law and environmental protection  

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

trespass cases can be initiated in order to frustrate action intended to further environmental protection. Two points can be seen in the case of Monsanto v. Tilly ( Case Case 11.5

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8. Principle and Policy  

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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16. Waste Regulation  

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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4. Public Law  

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