News & Analysis as of

Environmental Litigation United Kingdom

Latham & Watkins LLP

UK Supreme Court Requires EIAs to Consider Likely Direct and Indirect Environmental Effects on Climate if Readily Quantifiable

Latham & Watkins LLP on

Finch v. Surrey calls for assessment of all likely direct and indirect environmental effects in EIAs, including certain Scope 3 emissions if a reasonable estimate is feasible. On 20 June 2024, the UK Supreme Court (the...more

Jones Day

Biodiversity Net Gain: A New Requirement for Developments in England to Positively Impact the Environment

Jones Day on

The Situation: On January 17, 2024, mandatory biodiversity net gain ("BNG") regulations took effect, impacting most new developments in England. ...more

BCLP

Município de Mariana v BHP Group: the English High Court casts its jurisdictional net wider in the Fundão Dam class action...

BCLP on

In the High Court’s recent judgment in Município de Mariana & Ors v BHP Group (UK) Limited & Anor the Court found that England was “clearly the appropriate forum” to determine whether Vale SA, a Brazilian company, should...more

A&O Shearman

U.K. Court Gives the Green Light to Mass Environmental Claim

A&O Shearman on

In a significant development for environmental litigation in the U.K., the English Court of Appeal has allowed a £5 billion damages claim brought by around 200,000 Brazilian individuals and other persons to proceed against...more

A&O Shearman

Representative actions – “same interest” test proves a high bar

A&O Shearman on

The UK Court of Appeal endorsed a strict approach to the “same interest” test when it upheld a decision to strike out the representative element of a claim brought on behalf of 27,800 individuals and 457 communities in...more

BCLP

Claims for overseas environmental harm and human rights infringements proceed in England against UK parent companies

BCLP on

Last month, the UK Supreme Court overturned the judgment of the Court of Appeal and allowed a claim for damages from claimants in the Niger Delta to proceed against Royal Dutch Shell plc and its local subsidiary Shell...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - May 2020

Industry Expert Insights - We reached out to one of our Lex Mundi partners and a well-known expert in the United Arab Emirates in the energy and legal industries to get his thoughts on the current energy climate. ...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - December 2018 #3

Energy Companies to Appeal Loss of Forest Service Permit for Atlantic Coast Pipeline - "The builders of the $7 billion Atlantic Coast Pipeline say they will appeal a federal court ruling that invalidated a permit allowing...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - January 2018 - Issue 3

Northeast Could be Second U.S. Petrochemical Hub - "'While the region with its ample and reliable supply of ethane is primed for the emergence as a second major petrochemical manufacturing hub in the United States, it...more

Hogan Lovells

Lord Justice Jackson suggests extending Aarhus Rules to all JR claims… again

Hogan Lovells on

On 31 July, Lord Justice Jackson published a report containing a series of proposals on civil litigation costs. While mainly focused on fixed recoverable costs, the report also contained a radical suggestion: to extend the...more

Latham & Watkins LLP

The Erosion of Cost Caps – at the Expense of Bona Fide Environmental Challenges?

Latham & Watkins LLP on

Key changes to the Protective Cost Order regime (PCO) came into force on 28 February 2017, which could directly limit the ability of individuals and organisations to bring environmental-related legal challenges in England and...more

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