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LATEST HEADLINES
22 Apr 2013
Judge cites NAMA’s delay as crucial factor in decision not to grant stay
On Friday the High Court refused to grant a stay to NAMA pending its appeal to the Supreme Court against the February decision of the High Court that NAMA is a public authority and therefore subject to the Access to Information on the Environment Regulations.
The power to grant a stay pending an appeal is a discretionary power and the Court set out the test that should be applied when exercising its discretion. The Court was of the view that a balance of convenience-type test is appropriate whereby once there is an arguable appeal the Court must examine the relative prejudices flowing to various parties as a consequence of its decision to grant or refuse a stay. This test was recently enunciated in Danske Bank t/a National Irish Bank -v- McFadden.
The Court also drew support from Okunade -v- The Minister for Justice, Equality and Law Reform, a 2012 Supreme Court decision which considered how courts should approach interlocutory injunctions in public law matters.
In reaching his decision the judge acknowledged that more than 1,000 days had elapsed since the request was made and was critical of NAMA’s behaviour in refusing to deal with the request by sticking firmly to the narrow issue that it was not a public authority. Despite having the resources and means to do so, NAMA decided it was not a public authority and took no further steps to process the request thereby neutralising the whole request and ensuring the process will take further time and result in further appeal to the Information Commissioner. This elongation was, the court found, a direct result of the unnecessarily narrow approach adopted by NAMA.
12 Apr 2013
European Court finds against UK on access to environmental justice
The Coalition for Access to Justice for the Environment (CAJE) has welcomed the judgment of the European Court in the meaning of ‘prohibitive expense’ in environmental legal proceedings.
The Court was asked to rule on the concept by the UK Supreme Court in the case of Edwards and the judgment has significant implications for people attempting to use the law to protect the environment across the European Union.
9 Apr 2013
New costs regime 'may lead to surge in claims'
Newly introduced rules to cap claimants' exposure to legal costs in environmental judicial reviews could lead to an upsurge in the number of planning-related legal challenges, legal experts have said.
5 Apr 2013
Philippe Marzolf à Bron: les débats publics doivent commencer en amont des projets
Philippe Marzolf est libéré de son devoir de réserve. Vice-président de la Commission Nationale du Débat public (CNDP) jusqu'au 18 février, il dresse le bilan de dix ans d'actions de la Commission. Il participait jeudi à une Conférence des Savoirs organisée dans le cadre des Rencontres scientifiques Nationales de Bron.
22 Mar 2013
‘Water for Life’ UN-Water Best Practices Award: Category 2. Safe Water and Sanitation for all in The Republic of Moldova
The United Nations Office to Support the International Decade for Action "Water for Life" 2005-2015/UN-Water Decade Programme on Advocacy and Communication (UNW-DPAC) and the UN World Water Assessment Programme (WWAP) are pleased to announce the winners of the 3rd edition of the 'Water for Life' UN-Water Best Practices Award. The prize is awarded yearly in two categories, one in 'best water management practices' and another one in 'best participatory, communication, awareness-raising and education practices'. The 2013 edition has been awarded at a special during World Water Day, on 22 March, in The Hague, the Netherlands, to the following initiative (category 2): Safe Water and Sanitation for all in the Republic of Moldova, for its pedagogical approach and its contribution to the implementation of the Human Right to Water and Sanitation through partnerships between local people and authorities.
12 Mar 2013
Civil servants 'in bid to gag anti-wind farm protesters'
A community councillor who took the UK Government to the United Nations over the building of wind farms has accused civil servants of attempting to gag campaigners.
7 Mar 2013
Scottish courts to "formalise" protective expenses awards in environmental cases
Legal protections which allow those of limited financial means to bring legal challenges on environmental grounds in the Scottish courts are to be formalised in legislation.
31 Jan 2013
Belarus to implement five environmental projects in 2013
MINSK, 31 January (BelTA) – In 2013 the Ministry of Natural Resources and Environment of Belarus is set to implement five projects of international technical aid at the total sum of $18.4 million, First Deputy Minister of Natural Resources and Environment Vitaly Kulik said at the ministerial meeting on 30 January.
24 Jan 2013
Civil Society: New Bill Opens the Door to New Criminal Privatization
Several civil society organizations, asked by the H-Alter.org portal to give their assessment on the Draft-Law on Strategic Investments, submitted for adoption last week, in an urgent procedure, comment that it would lead the country into a second round of robber-baron privatization and ensures a shortcut to exploitation of natural wealth and resources of the country.
24 Jan 2013
Aarhus Convention High risk factories: the security issue raised again
At European level, the draft Directive Seveso 3 must reform the regulation of these sites for 2015, including more stringent inspection and safety facilities and strengthening the obligation to inform the public, to be in line with the Aarhus Convention on access to environmental information.
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