Environmental Democracy archive
High hopes for improved public access to EU courts after talks at a meeting of the Council of the EU.
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.
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.
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.
New analysis by Maximillian Kemp – EU court enforces transparency obligations in Commission administrative procedures.
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.
The Commission has clarified its new strategy to only open infringement proceedings where they align with its policy priorities
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,
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.
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.
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.
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.
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.
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.
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.
A new UN report has attacked the UK’s record on court access for people bringing environmental cases.
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.
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.
Environmental Democracy lawyer Anne analyses the Commission’s long-awaited guidance on access to justice in environmental matters.
The commission published a report on the application of Regulation 1185/2009 concerning statistics on pesticides. Analysis by Ludwig Kramer.
Ludwig Kramer explains why the Commission’s white paper on the future of Europe fails to recognize the environmental challenges facing Europe.