Articles

Biodiversity damage from authorised activities: the polluter pays and precautionary principles and the significance threshold in the Environmental Liability Directive
VALERIE FOGELMAN
Professor of Law, School of Law and Politics,
Cardiff University; Consultant, Stevens & Bolton LLP

In July 2020, the Court of Justice of the European Union (CJEU) ruled that measures carried out by a public law association could potentially cause environmental damage under the Environmental Liability Directive (ELD) to a protected species of bird, even though the measures were part of the management of a site in accordance with the association’s statutory obligations.
This article discusses the relationship between the ELD and the Nature Directives and also includes an examination of Naturschutzbund Deutschland and the background to the case

The European Union’s Forest Law Enforcement Governance and Trade (FLEGT) regime: overview of the evolution of the Union’s legal framework on combating illegal logging
MARTIN HEDEMANN- ROBINSON ,
Senior Lecturer, University of Kent Law School (UK)

For almost twenty years, the European Union (EU) has been developing its own policy and accompanying legislative arrangements for combatting illegal logging. Despite efforts, it remains a significant international environmental problem. Throughout this article, the author considers the ways in which the EU has developed its own policy on combatting illegal logging, with particular focus on the legislative rules that underpin it

Case Commentary

Resource recovery plan for plastics in Africa
JONATHAN D COCKER, SALLY-ANNE KÄSNER,
Directors, Circular Vision

Habitats directive, adequate environmental assessment and multi-phase projects – comment on case c-411/19, WWF Italy onlus, judgment of the CJEU of 16 July 2020
AGUSTÍN GARCÍA-URETA,
Professor of Law, University of the Basque Country

High Court finds claims arising out of oil spill cannot proceed as representative action under CPR 19.6
ALAN WATTS, NEIL BLAKE, MAURA MCINTOSH
Herbert Smith Freehills, London

US Litigation and Regulation
AMERICAN COLLEGE OF ENVIRONMENTAL LAWYERS
Implementing the CLCPA: New York is amping up the electrification of its transportation sector
GAIL PORT, SENIOR COUNSEL,
Proskauer, New York

‘Purple Haze … is It tomorrow, or just the end of time?’
SAMUEL L GUTTER

Current Survey

European Union
MARTIN HEDEMANN-ROBINSON, University of Kent, Canterbury
Key Policy Developments May–June 2019

Climate Change
Waste
Water
Chemicals
Biodiversity
Law Enforcement Issues
Water
Waste

EU Environmental Legislation Update