Environmental Democracy archive

  • Discussions in Brussels could lead to improved environmental democracy

    High hopes for improved public access to EU courts after talks at a meeting of the Council of the EU.

  • statue

    Belgian court provides opportunity to set binding precedent on the right of the public to enforce air quality monitoring rules

    The Court of First Instance of Brussels issued an interim judgment in the clean air case that ClientEarth is pursuing against the Brussels Regional government.

  • German NGO refused standing to challenge passenger car type approval

    On 13 December 2017 the Administrative Court of Schleswig Holstein handed down judgment in a case on access to justice for NGOs decided under the newly amended Environmental Appeals Act 2017. Following the entry into force of the amendment in August last year, legal discussions on its scope continue.

  • New project will help Europeans go to court to protect the environment

    Europeans should be able to bring environmental cases to court more easily in future, as ClientEarth and Justice and Environment have jointly launched the “Access to Justice for a greener Europe” (A2J EARL) project.

  • The challenge of challenging air quality programs in Poland – The Silesian air quality program and the issue of standing

    In February 2016, a resident of the town of Rybnik located in the region of Silesia, Poland, demanded that the Silesian Regional Assembly amend the air quality program it had adopted in 2014 for the region of Silesia.

  • European Parliament calls on the Commission to propose legislation on Access to Justice in Member States and the EU

    On 15 November, the European Parliament adopted Resolution 2017/2819 calling on the Commission to ensure better implementation of EU nature laws by proposing legislation on access to justice in Member States and the EU.

  • glass wall

    EU court enforces transparency obligations in Commission administrative procedures

    New analysis by Maximillian Kemp – EU court enforces transparency obligations in Commission administrative procedures.

  • children playing next to water

    European Parliament adopts Resolution on EU Action for Sustainability

    In September 2015, the United Nations adopted a resolution on “Transforming our world: the 2030 agenda for sustainable development”. This resolution established 17 sustainable development goals and overall 169 targets to be reached by 2030.

  • New Commission strategy: infringement proceedings only for policy priorities

    The Commission has clarified its new strategy to only open infringement proceedings where they align with its policy priorities

  • woodland

    Aarhus Convention Meeting of Parties refuses to adopt EU position and defers decision to 2021

    Following the Aarhus Convention Compliance Committee’s findings that the EU is in breach of the access to justice provisions of the Aarhus Convention, the EU Council adopted a decision to merely “take note” of the findings, rather than endorse them,

  • burning-rubbish

    Landowner can be held liable for waste incineration he did not know about

    The Court of Justice has ruled that a national law requiring a landowner to pay a pecuniary fine for the incineration of waste on his land that he did not know about is compatible with EU law.

  • biogas plant

    Ex-post environmental impact assessments can be compatible with EU law

    The Court of Justice (ECJ) has held that an environmental impact assessment (EIA) carried out following the realisation of the project in question is compatible with EU law in the situation where the authorities and the constructors acted in good faith.

  • nuclear power cooling towers

    The ACCC confirms public participation obligations regarding the construction of a nuclear power plant in a transboundary context

    The construction of nuclear power plants in a transboundary context require the government of the country of origin to ensure participation of the public concerned in its own territory as well as that of the neighbouring countries affected.

  • Aarhus Convention Compliance Committee confirms that access to courts to challenge wind turbine permits cannot be dependent only on distance

    The Aarhus Convention Compliance Committee has ruled that access to courts to challenge wind turbine permits cannot be dependent only on the distance from the complainer’s property.

  • Stem Cell Research

    European Court of Justice confirms presumption of confidentiality covering EU pilot procedure documents

    The European Court of Justice has confirmed the existence of yet another category of documents that can be covered by a presumption of confidentiality.

  • dramatic glass architecture

    On environmental information, only docs revealing deliberations can be kept secret

    In this case, the European Court of Justice relies on the Aarhus Convention to confirm that, when it comes to environmental information, only documents that reveal the decision-makers’ deliberations can be kept secret.

  • lorries on road

    Chemicals imported for subsequent export do not need to be registered under REACH

    The ECJ has confirmed that substances that are imported into the EU with the purpose of being subsequently exported, and which are not placed on the EU market, do not need to be registered under REACH.

  • Studen Kladenets Dam, Bulgaria

    Bulgarian proposals threaten environmental access to justice

    A coalition supported by ClientEarth has called on the European Commission to protect access to justice in Bulgaria in the face of new proposals from the country’s ruling party.

  • Woman in yellow coat by red train for story saying New UN report is damning on UK environmental justice

    New UN report criticises UK environmental justice

    A new UN report has attacked the UK’s record on court access for people bringing environmental cases.

  • barcelona

    EU Council rebuff Commission in access to justice case

    The EU Council of Ministers has dismissed a proposal by the Commission to reject a UN committee’s finding that it is breaching international law.

  • man walking up stairs for story saying Commission is planning to reject UN finding on rule of law

    Rule of law scandal rocks EU as Commission calls to reject UN finding

    The Commission is proposing to reject a UN finding that the EU is breaching international law. This is the biggest scandal to hit the EU in 20 years.

  • detail of top of big greek pillars in sunlight

    Commission publishes guidance on access to justice for member states

    Environmental Democracy lawyer Anne analyses the Commission’s long-awaited guidance on access to justice in environmental matters.

  • Confidentiality provisions make pesticide statistics unfit for purpose

    The commission published a report on the application of Regulation 1185/2009 concerning statistics on pesticides. Analysis by Ludwig Kramer.

  • Stonechat on barbed wire

    Commission white paper on the future of Europe gives little importance to the environment

    Ludwig Kramer explains why the Commission’s white paper on the future of Europe fails to recognize the environmental challenges facing Europe.