Seiont, Gwyrfai and Llyfni Anglers' Society, R (on the application of) v Natural Resources Wales & Ors

Seiont, Gwyrfai and Llyfni Anglers' Society, R (on the application of) v Natural Resources Wales & Ors

'Environmental damage' under the Environmental Liability Directive is restricted to deterioration or worsening from an existing state and does not include prevention or deceleration of recovery from an already-damaged state. The Welsh Ministers did not designate SSSIs as 'natural habitats' for equivalent purposes under the EL Directive. NRW did not err in law in its interpretation or application of 'damage' and 'environmental damage', nor in its discretion regarding preventative measures.

Parties
Claimant: Seiont, Gwyrfai and Llyfni Anglers’ Society; Defendant: Natural Resources Wales; Interested Party: Dŵr Cymru Cyfyngedig (trading as Dŵr Cymru Welsh Water); Interested Party: First Hydro Company Limited; Interested Party: The Welsh Ministers
Jurisdiction
England and Wales
Judgment Date
17 December 2015
Procedural Posture
Judicial Review / Final Judgment After Rolled Up Hearing
Outcome
Permission refused on Grounds 2, 4, 5 and 6; permission granted but substantive claim refused on Grounds 1 and 3.
Legal Topics
Environmental Liability Directive, Water Framework Directive, Habitats Directive, Wildlife and Countryside Act, Environmental Damage, Regulatory Compliance
Environmental Law Administrative Law European Union Law Environmental Liability Directive Water Framework Directive Habitats Directive Wildlife and Countryside Act Environmental Damage +1 more

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Parties

Seiont, Gwyrfai and Llyfni Anglers’ Society

Claimant

Natural Resources Wales

Defendant

Dŵr Cymru Cyfyngedig (trading as Dŵr Cymru Welsh Water)

Interested Party

First Hydro Company Limited

Interested Party

The Welsh Ministers

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether 'environmental damage' under the Environmental Liability Directive includes prevention or deceleration of recovery from an already-damaged environmental state or is restricted to deterioration from an existing state
  2. 2 Whether the Welsh Ministers designated SSSIs as 'natural habitats' for equivalent purposes under the EL Directive
  3. 3 Whether NRW erred in its interpretation and application of 'damage' and 'environmental damage'

Ratio Decidendi

'Environmental damage' under the Environmental Liability Directive is restricted to deterioration or worsening from an existing state and does not include prevention or deceleration of recovery from an already-damaged state. The Welsh Ministers did not designate SSSIs as 'natural habitats' for equivalent purposes under the EL Directive. NRW did not err in law in its interpretation or application of 'damage' and 'environmental damage', nor in its discretion regarding preventative measures.

Court Disposition

Permission refused on Grounds 2, 4, 5 and 6; permission granted but substantive claim refused on Grounds 1 and 3.

Orders

  • Claim dismissed
  • Permission to proceed refused on Grounds 2, 4, 5 and 6