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Scotland Case Law

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Administrative law [2026] CSOH 24

Petition of Galloway Without Pylons for Judicial Review (Court of Session)

Petition of Galloway Without Pylons for Judicial Review (Court of Session) [2026] CSOH 24 (10 March 2026)

The Court of Session held that Scottish Ministers gave adequate reasons for granting consent for an overhead power line project, despite departing from reporters’ recommendation.

  • Adequacy of reasons
  • Planning permissions
  • Electricity infrastructure
  • Environmental impact assessment
  • Judicial-review
  • Planning-law
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Environmental law [2026] CSOH 17

Petition of Restore Nature LTD for Judicial Review of a screening decision dated 23 December 2024 by Scottish Forestry (Court of Session)

Petition of Restore Nature LTD for Judicial Review of a screening decision dated 23 December 2024 by Scottish Forestry (Court of Session) [2026] CSOH 17 (03 March 2026)

The Court of Session reduced a forestry screening decision after finding flawed landscape reasoning and failure to properly address risks to the northern brown argus butterfly.

  • Environmental impact assessment
  • Forestry regulation
  • Judicial review
  • Landscape evaluation
  • Biodiversity protection
  • Judicial-review
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Environmental law [2026] CSIH 10

Raeshaw Farms LTD against Scottish Ministers and another (Court of Session)

Raeshaw Farms LTD against Scottish Ministers and another (Court of Session) [2026] CSIH 10 (17 February 2026)

The court held that the reporter materially erred in treating a wind farm and its grid connection separately for EIA purposes and quashed the decision.

  • Environmental impact assessment
  • Project splitting
  • Wind farm development
  • Planning permission
  • Grid connection
  • Salami slicing
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Administrative law [2024] CSOH 74

Petition by Caz Rae for Judicial Review (Court of Session)

Petition by Caz Rae for Judicial Review (Court of Session) [2024] CSOH 74 (01 August 2024)

The court held that Glasgow City Council erred in law in its screening opinion on the Wyndford Estate demolition, but refused to reduce the opinion after finding no different outcome would have followed.

  • Environmental impact assessment
  • Judicial review
  • Statutory interpretation
  • Precautionary principle
  • Biodiversity conservation
  • Environmental-impact-assessment
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Administrative law [2021] ScotCS CSOH_104

NORTH LOWTHER ENERGY INITIATIVE LTD AGAINST SCOTTISH MINISTERS

NORTH LOWTHER ENERGY INITIATIVE LTD AGAINST SCOTTISH MINISTERS [2021] ScotCS CSOH_104 (15 October 2021)

Judicial review of a wind farm refusal failed. The court held a Schedule 9 error was not material, the conservation area analysis was lawful, and no bias or Article 6 breach was shown.

  • Judicial review of planning decisions
  • Interpretation of electricity act 1989 schedule 9
  • Conservation areas and planning
  • Consistency in administrative decision-making
  • Environmental impact assessment
  • Judicial-review
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Environmental law [2021] ScotCS CSIH_53

APPEAL BY GREENPEACE LTD AGAINST THE ADVOCATE GENERAL AND ANOTHER AND BP EXPLORATION OPERATING COMPANY LTD AND AND ANOTHER

APPEAL BY GREENPEACE LTD AGAINST THE ADVOCATE GENERAL AND ANOTHER AND BP EXPLORATION OPERATING COMPANY LTD AND AND ANOTHER [2021] ScotCS CSIH_53 (07 October 2021)

The Inner House refused Greenpeace’s appeal over consent to develop the Vorlich oil field, holding publication defects were minor and that end-use emissions were outside the EIA scope.

  • Environmental impact assessment
  • Public participation
  • Oil and gas regulation
  • Judicial review
  • Transposition of eu directives
  • Environmental-impact-assessment
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Administrative law [2021] ScotCS CSOH_87

PETITION OF WILDLAND LTD FOR JUDICIAL REVIEW OF A DECISION OF THE HIGHLAND COUNCIL DATED 5 AUGUST 2020 GRANTING PLANNING PERMISSION FOR THE CONSTRUCTION OF A VERTICAL LAUNCH SPACE PORT ETC NEAR DUNBUIE, TALMINE, TONGUE

PETITION OF WILDLAND LTD FOR JUDICIAL REVIEW OF A DECISION OF THE HIGHLAND COUNCIL DATED 5 AUGUST 2020 GRANTING PLANNING PERMISSION FOR THE CONSTRUCTION OF A VERTICAL LAUNCH SPACE PORT ETC NEAR DUNBUIE, TALMINE, TONGUE [2021] ScotCS CSOH_87 (20 August 2021)

The Court of Session refused a judicial review challenge to planning permission for Space Hub Sutherland, rejecting complaints about environmental assessment, conditions, publication, and habitats assessment.

  • Judicial review
  • Planning permission
  • Environmental impact assessment
  • Habitats regulations
  • Appropriate assessment
  • Mitigation measures
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Environmental law [2018] ScotIC 010_2018

Salmon and Trout Conservation and Scottish Environment Protection Agency

Salmon and Trout Conservation and Scottish Environment Protection Agency [2018] ScotIC 010_2018 (29 January 2018)

The Commissioner ordered SEPA to disclose a report on the environmental impact of sea lice medicine, finding the public interest favoured release.

  • Freedom of information
  • Environmental impact assessment
  • Public access to environmental information
  • Freedom-of-information
  • Environmental-information
  • Public-interest-test
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Environmental law [2017] ScotIC 191_2017

Salmon and Trout Conservation Scotland v Scottish Ministers

Salmon and Trout Conservation Scotland v Scottish Ministers [2017] ScotIC 191_2017 (20 November 2017)

The Scottish Information Commissioner ordered disclosure of a report on the environmental impact of sea lice medicine, finding the public interest in disclosure outweighed any exemption.

  • Freedom of information
  • Environmental impact assessment
  • Public access to information
  • Freedom-of-information
  • Environmental-information
  • Public-access-to-information
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Environmental law [2017] ScotCS CSIH_31

Royal Society for the Protection of Birds v The Scottish Ministers & Ors

Royal Society for the Protection of Birds v The Scottish Ministers & Ors [2017] ScotCS CSIH_31 (16 May 2017)

The Inner House considered a judicial review of offshore wind farm consents, addressing consultation, habitats assessment, scientific methodology, and draft SPAs.

  • Habitats directive
  • Environmental impact assessment
  • Appropriate assessment
  • Special protection areas
  • Judicial review of administrative action
  • Renewable energy consents
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.