An Analysis of the New Environmental Tribunal in the UK - Essay Example

?Environmental and Social Responsibility: An Analysis of the New Environmental Tribunal in the UK (Established in Table of Contents Introduction 3 1.1 Brief Overview of the Tribunal 3 1.2 Outline of the Paper 4 2. Analysis of New Environmental Tribunal of the UK 5 2.1 Rules & Regulations 5 2.2 Facts That Led to the Establishment of the Tribunal 8 (History of Establishment of the Tribunal) 8 2.3 Effectiveness of the Tribunal 9 2.4 Procedural Elements of the Tribunal 11 2.5 Environmental Solutions of the Tribunal 14 2.6 Issues Related to Appeal to the Tribunal 16 2.7 Importance and Benefits of the Tribunal 18 2.8 Certain Issues against the Tribunal Reforms 21 3.0 Conclusion 23 4.0 References 25 5.0 Cases and Acts 30 1. Introduction 1.1 Brief Overview of the Tribunal The UK Environmental Tribunal in its latest form was established in the year 2010. The tribunal has the authority of hearing to the petitions filed by the regulators against the social sanctions. The tribunal holds several advantages in the form of a forum for application. The tribunal has aroused with huge proficiency in the issues related to environment along with a number of expertise of the judges and an effective procedure which is flexible in nature.1 The recent progression in the form of the tribunal has evolved as a result of the efforts of the UK’s courts of environment and tribunals since the last two decades and even more. The concern of the government towards environmental aspect of the society has been initiated due to the recent remarkable changes in lawful and institutional issues that are inconsistent with the environment. The requirement for a precise and comprehensive system towards betterment of environmental prospects in England as well as Wales led to the establishment of the tribunal during the year 2010.2 At present, the tribunal has quite limited power or jurisdiction in the society but is in a position of demonstrating huge virtual structure. Although the tribunal might deemed to be ineffective for the people due to its initial state of operation, it holds strong impression of holding resisted restructuring of the society’s attitudes towards safeguard of the environment. Before the formulation of this tribunal, there was no particular court for handing of environmental issues; neither in England nor in Wales. At that time, matters related to any issue of environmental concern were used to be taken into consideration in the common civil courts.3 The formation of the tribunal will provide a new dimension to the court of law towards its concern for the environment.4 1.2 Outline of the Paper Taking into consideration various uncertainties of the UK Environmental Tribunal, this paper has been designed that will try to discuss every important aspect associated with the tribunal. The aim of this paper is to analyse the effectiveness of the tribunal as a whole with reference to several associated concepts to it. For evaluating its present effectiveness and prospect for the future, it is essential to start from the scratch. Considering this fact, the paper will deal with the evolution process of the tribunal or the facts that led to the formulation of the tribunal. Various rules governing the implementation of the procedural elements of the tribunal will be evaluated along with appropriate identification of the elements. The issues that any appealing body should adhere to before and during approaching the tribunal will also be identified. Apart from this, the role which is played by the tribunal towards betterment of the environmental prospects will also be dealt within the research paper. On achieving prominence about these aspects, the need and importance of the tribunal at present times will also be evaluated. Advantages and prospects of the tribunal will be anticipated with respect to discussion related to various issues of the tribunal. The aim of this paper will be fulfilled through consideration and evaluation of important aspects of the tribunal. 2. Analysis of New Environmental Tribunal of the UK 2.1 Rules & Regulations The First-tier Tribunal (Environment) was formed as part of England and Wales’ new Tribunal System in 2010. The role of the First-tier Tribunal (Environment) is taking into account the appeals made by the regulators against the civil sanctions. The Environmental Tribunal’s procedural aspects are governed by The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009. The ‘Regulatory Enforcement and Sanctions Act 2008’ has enabling powers to introduce the said civil sanctions. The Statutory Instruments are responsible for introducing such civil sanctions. The tribunal has a panel that comprise of the tribunal judge and other two members, are responsible to hear cases all over England and Wales. The Lord Chancellor appoints the panel members. Regulations Governing the New Environmental Tribunal The Environmental Civil Sanctions (England) Order 2010 The Environmental Sanctions (Misc. Amendments) (England) Regulations 2010. The Environmental Civil Sanctions (Wales) Order 2010 The Environmental Civil Sanctions (Miscellaneous Amendments) (Wales) Regulations 2010 The Eco-design for Energy-Using Products (Amendment) (Civil Sanctions) Regulations 2010. The Eco-design for Energy-Using Products Regulations 2007. The Regulatory Enforcement and Sanctions Act 2008 The Eco-design for Energy-Using Products (Amendment) Regulations 2009 The Single Use Carrier Bags Charge (Wales) Regulations 2010 The Marine Licensing (Notices Appeals) Regulations 2011 The Marine Licensing (Civil Sanctions) (Wales) Order 2011 The Marine Licensing (Notices Appeals) (Wales) Regulations 2011 The Flood and Coastal Erosion Risk Management Information Appeal (Wales) Regulations 2011.5 Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 Part 1: Introduction 1. Interpretation, commencement, application and citation. 2. Objective overriding and obligation towards the tribunal to co-operate by the parties’. 3. Arbitration and alternative resolutions of dispute. Part 2: ‘General Powers and Provisions’ 1. Staff delegation. 2. Management powers with regard to cases. 3. Giving directions and applying procedure. 4. Failure to abide by the practice directions, rules or tribunal directions. 5. Striking out of a case of a party. 6. Removal, addition and substitution of parties. 7. Costs order. 8. Representatives. 9. Calculating time. 10. Delivery and sending of documents. 11. Prevention of publication or disclosure of information as well as documents. 12. Submissions, disclosure and evidence. 13. Witnesses summoning or citation and orders of producing documents or answering questions. 14. Withdrawal. 15. Lead cases. 16. Transferring cases of charities to the Upper Tribunal. 17. Procedure for pending decision of an appeal and application for a stay-order. Part 3: ‘Proceedings before the Tribunal’ CHAPTER 1: ‘Before the Hearing – cases other than charities cases’ 1. Application of the particular chapter. 2. Appeal notice. 3. The response. 4. Appellant’s reply. CHAPTER 2: Before the Hearing – charities cases 1. Application of the particular chapter. 2. Appeal notice. 3. The response. 4. Appellant’s reply. 5. Secondary disclosure has to be made by the respondent. 6. Copy documents provision. 7. According to the Section 2D incorporated under the Charities Act 1993, the Attorney General should be involved CHAPTER 3: Hearings 1. Decision without or with a hearing. 2. Entitlement to take part and attending a hearing. 3. Hearings notice. 4. Private and public hearings. 5. Hearings while a party is absent. CHAPTER 4: Decisions 1. Consent orders. 2. Decisions. Part 4: Reviewing, correcting, appealing and setting aside of Tribunal decisions 1. Interpretation. 2. Accidental and clerical mistakes or omissions. 3. Proceedings disposal has to be done by keeping aside of a decision. 4. Application for appeal permission. 5. Tribunal’s deliberation of the application for appeal permission. 6. Decision review. 7. Power of treating an application differently.10 2.2 Facts That Led to the Establishment of the Tribunal (History of Establishment of the Tribunal) The prime factor that must be taken into consideration while analysing the acts that led to the creation of environmental tribunals is the rationing factor. Analysis and discussion of tribunals and environmental courts in the United Kingdom has been for more than thirty years now. Traditionally, England and Wales always lacked the presence of special environmental tribunals or courts. The criminal courts handled the prosecutions for any kind of environmental offense with judges who were not specialised. Cases of civil remedies or actions for private civil damages that arose from environmental issues used to be heard and settled in civil courts. Cases of public law where a decision’s legality is made by a government body, such as the Environment Agency, where non-governmental organisations or industry challenges it, are firstly heard in the Administrative Court, which is a part of the High Court, by the High Court judges who are assigned to that particular division. Decisions concerning the environmental matters heard by the judges have been unsystematic and ad hoc. Judges who often hear environmental cases have developed certain sort of informal specialisation with detailed knowledge in this field of environment law. Sir Robert Carnwath, who was a leading barrister back in the year 1989, is now with The Court of Appeal as a judge and is also with Tribunal Service that has been newly formed acting as senior judge, was the first one to record a public call for the need of an environment court.10 Initially, in the year 2004, the proposal of a tribunal of environmental appeals was rejected by the environmental groups. Among the many reasons towards the rejection of the proposal for a tribunal of environmental appeals in 2004 the prominent was the proposal’s failure in particularly addressing the litigation costs, especially during judicial reviewing. A favoured solution to such problems was consideration of a fresh environmental wing of the High Court. Great scale of movement regarding this issue was because its inclusions of publishing of the Sullivan Report on Access to Environmental Justice, the Jackson Review on Civil Litigation, the follow-up report of the Sullivan, an action of enforcement against the UK due to huge costs by the European Commission followed by an issue of Reasoned Opinion in 2010, condemnation by the Aarhus Compliance Committee of the present British system, and intervening judicially that includes revisiting the present limitations on Protective Costs Order along with the recent referral to the European Court of Justice by the Supreme Court in relation to the requirement meaning, in the Aarhus Convention and environmental legislations in EU, that costs must not be much expensive. Thus, the above stated reasons became hindrances toward the formation of an environmental tribunal in 2004. Although after proper evaluation, reviewing of the problems and possible solutions, the environmental tribunal was finally established in 2010.10 2.3 Effectiveness of the Tribunal The First-tier Tribunal deals with appeals regarding environmental sanctions. Straight forward cases are heard by a particular member whereas complex technical and legal issues are addressed by the panel comprising two members who are expert and one legal chair emphasising on low cost and flexible procedures encouraging alternatives in dispute resolution. The formation of the Environment Tribunal provides opportunity for consolidation of environmental appeals over a vast range of present laws. This is in balance with the existing agenda of regulatory reform that promotes the modernisation and simplification of regulatory structures. This allows developing of expertise both in technical and legal issues needed to tackle many environmental appeals of contemporary nature in a quite effective way. The Tribunal functions under a set of particular rules that will be common and clear to everyone involved and fit inside a structure that is expected among the public and regulated community. Unlike the other forms of appealing bodies, it carries the capacity in providing wider guidance in the decisions undertaken which can significantly assist both the regulated and the regulators and reduce occurrence of further disputes and the costs involved consequently. Set of particular priorities for transferring the Tribunal is acknowledged beginning with appeals made against sanctions of civil environmental. These are new important powers that avoid using the criminal courts but a process of effective appeals is important in preventing abuse. Already different appealing bodies have been developed under the various laws in this particular area. There also exist significant examples providing no chance of appealing apart from Judicial Review. This often happens in the case where the prime decision making is held by a government department. Appeals or other reviewing forms are given in few cases. And there is little coherence in the present system. This new tribunal recommends systematic reviewing of the present provisions that provides no appeal in view to identify good grounds for continuation of the current situation. Regulatory appeals for long have been an important feature of the legal system. Decisions made by regulatory agencies and government bodies might affect the businesses and individuals livelihood. It was fair and right to consider in quite many cases that the individual or company who are affected directly needs to be protected by possessing the appealing right to a different body who can freshly decide the case.6 Since the formation of the Environmental Tribunal of England and Wales in 2010, it is yet to hear the first appeal making it difficult to assess the long-term effectiveness of the presence of a tribunal. 2.4 Procedural Elements of the Tribunal Procedural elements are those elements which are associated with the tribunal that determines the viability of the tribunal as a whole. The viability is again measured with the help of determination of exact accessibility of the population towards the court of justice, the cost associated with the formation of such a tribunal of the environment, issue related to the maintenance of transparency in this type of tribunal. The matter of accessibility addresses the process as to how to enhance the number of population which holds the position of suing and also how to enhance the level of accessibility of the population towards the courts for deriving justice related to the issues of the environment.7 The tribunal is highly concentrated towards maintenance of proper and effective accessibility to information apprehended by it on the part of the population.8 The tribunal aims to promote encouragement through accessibility to the individuals along with various groups who observes any actions of the tribunal to be inefficient. The enhancement of the tribunal is believed to generate prompt action from the court of justice towards the environmental violating acts of the nation.9 It is essential for the tribunal to undertake a rigid approach towards the issue of accessibility of standing. The tribunal aims to make the entire process of accessibility easier where the applicant would just have to state his or her intention regarding an environmental matter and the role of the tribunal in this regard would be to verify as to whether the applicant comprehensively fulfils the procedural requirements generated in the justice.10 However, on strong grounds, the tribunal holds the power of discarding any appeal. For example, in the case of White v IC & South Gloucestershire Council, the former’s appeal was held ‘vexatious’ by the Information Commissioner and accordingly dismissed.11 Another important procedural element of the tribunal is the participatory costs. Although it is true that tribunals of the administration for protecting environmental issues act as an important functionary body towards generating justice to the applicant, the participatory costs often acts as a prohibition towards achievement of justice. The prohibition related to the factor of costs is more prominent in the case of those applicants who generally do not have any financial stake to the issues at hand. Participating costs evolve as a prohibition especially in two cases: the expenditure which is associated with successful participation in the arrangement of the tribunal and the cost associated with the risk perceived by the losing parties who are ordered to bear either certain amount or the entire amount of proceedings of the winning party. The costs at times can be inclusive of not only the winning party’s proceeding but also those of the government, the holder of the permission received from the industry and even costs associated with the tribunal.12 Transparency in the tribunal is also an important procedural element that provides empowerment to the citizens for the purpose of influencing consequences related to any environmental issue. The tribunal aims to bring about this ability of empowerment of the citizens through enabling them to acquire correct information related to the environment, providing opportunity to the citizens for participating in the process of decision making and generating power among the citizens to oppose any denial of the tribunal to disclose any act of the decision making.13 These principles are followed all over the world in matters related to the formation of procedural elements of the tribunal. This is believed to be a fact that effective generation and maintenance of procedural elements of the tribunal will lead to success during the future as well.14 However, it is also essential that the tribunal considers the issues effectively in its initial stage for avoiding any kind of adverse interference from any party.15 2.5 Environmental Solutions of the Tribunal The order of sanctions generated on the new environment tribunal is believed to be providing effective solutions to the prevalent problems related to the issues of environment. The order termed as “The Environmental Civil Sanctions Order 2010 (England and Wales)” will present options in front of the Environment Agency along with the “Natural England and the Countryside Council for Wales”.16 The options will be related to the implementation of environmental issues. The order depicted that along with prosecution of certain adequately serious offences related to the environment, the civil sanctions can also be utilised. Use of the civil sanctions will act as an alternative to prosecution for the application. However, civil sanctions will be more effectively utilised in place of prosecution when any of the companies fail to adhere to the norms of protecting environment without knowing or involuntarily participate in any issue that can cause damage to the environment. Under the order of civil sanctions, complaint can be immediately launched without procession towards the court.17 The Regulator should present strong evidence that has to comply with the fact “beyond reasonable doubt” against the company or any other group which damages the environment. The company will also have the authority of appealing to the first tier tribunal’s General Regulatory Council. However, the appeal should be received by the tribunal within a span of 28 days from the day on which the notice was provided.19 The tribunal can be expected to enhance environmental issues through providing various legal solutions to the previous system of protecting environmental issues by the government.18 The effectiveness of the tribunal towards provision of solution to environmental problems is evident from the following components granted within the order of civil sanctions.19 The first effective component of the sanction is that of compliance notice. This notice demands act from the blameworthy company for ensuring that the deed of damaging the environment will not be committed by it in the future. The company is liable to provide the compliance notice through the inclusion of training programs in the respect of eradicating offensive activities, allocating resources towards methods of preventing such offences and similar others. The second component of the sanction order is notice of restoration which demands active measures from the companies for restoring the harms that has been caused as a result of its activities. The measures can be comprised of restructuring of the plans related to strategic management and similar others. The third important component is that of Fixed Monetary Penalty (FMP) which states that the company guilty of damaging the environment in minor quantity is required to pay compensation of 300 Euros (100 Euros in case of individual). The fourth component, enforcement notice provides access to the regulator to take actions against the unlawful body depicting offensive actions to the environment. The fifth component is the Variable Monetary Penalty which directs to pay compensation of 250,000 Euros for a major offence on the contrary to the minor offence. The sixth component is that of a stop notice that calls for immediate end to any activity of the companies that are causing harm to the environment. Seventh component is an undertaking which is required to be borne by the companies or individuals harming the environment that directs them to pay compensation to any of the third parties which are adversely affected due to the act of harming the environment. The last and perhaps the most important component in the sanction order is that of the enforcement undertakings. It is an undertaking that provides right to the regulator to carry out any remedial measures against the offending body with the aim of finding out the main cause of the offense and to restore favourable condition of the environment.20 2.6 Issues Related to Appeal to the Tribunal The tribunal of the environment protection initiated by the UK government during the month of April, 2010 provides scope for the parties to appeal. The parties are those against whom any decision of the tribunal have been imposed, for example, in the case of Home Office v Information Commissioner, there were three parties involved in the appeal, Department for Environment, Food and Rural Affairs, Information Commissioner and Mr Simon Birkett, the person who applied for the information.21 The appeal can be launched by the parties against any of the components of the civil sanctions discussed for the protection of any of the certificates related to national security inclusive of environmental protection.22 But, a notice on intention cannot be objected by the parties, even though the parties have the legal privilege of making written depiction of the objection. The written depiction has to be about the application for implementing the sanction and has to be placed by the parties in front of the regulator. Although the parties hold the right of appealing, the appeal should be based upon concrete reasons that can prove the regulators erroneous. Thus, the appeal can be launched if the regulator or the tribunal has taken up the decision on the basis of any realistic error or lawful error. Appeal can also be launched if the decision of the tribunal has been found to pragmatically unreasonable, i.e., the notice was violent in comparison to the significance of offence. Along with these issues, appeal can also be launched if the tribunal is found to charge monetary penalty which is in huge excess to the consequence of the offence. The parties are required to mention on the appealing notice placed in front of the tribunal the exact basis due to which the appeal has been filed.23 Still, there are certain processes or complying issues related to the filing of the appeal to which the parties have to comply for successful results. It has also been discussed earlier that the parties should create a position of appealing against the first tier tribunal on the basis of strong ground which proves that the tribunal has committed any act which is against any point of law. This can be proved evidently with reference to the case of R (Cart) v The Upper Tribunal where the decision of the first tier was reaffirmed based on strong ground of the appellant.24 The upper tribunal has the power of assuring appealing right to the Court of Appeal with the grace of law.25 For appealing against the first tier tribunal to the upper tribunal, the parties should at first acquire grant from the tribunal itself about the launch of appeal within a period of 28 days from the day on which the parties have received the decision in written form. The first tier tribunal takes into consideration whether it should re-evaluate its decision based on the reasons presented by the parties for appealing (case of House of Lords in R v Secretary of State for the Home Department).26 After considering every legal issue and validating each of the reasons, the first tier tribunal, based on its discretion, can either launch a new decision or allow the parties to move to the upper tribunal for appealing. However, the parties also hold the privilege of appealing directly to the upper tribunal in case if the first tier tribunal deviates from granting permission to the parties.27 2.7 Importance and Benefits of the Tribunal According to the Senior President of Tribunals, the commands related to the issues of environment that has been formulated within the tribunal under the chamber of the First-tier General Regulatory will help in filling an apparent breach of the environmental laws. The organisation and form of resources which has been decided to be utilised in the tribunals has been anticipated to provide solution to the environmental problems at a lower cost which until now was not possible following the environmental law. There was an excessive necessity of a tribunal for protecting environment in the UK. Due to the prevailing number of around 350 tribunals specially designed for protecting the environment across the world, extreme requirement was felt for the production of a tribunal in the UK as well. With this perceived necessity for a separate specialised tribunal for protecting the environment, the formation process of the tribunal was undertaken. The tribunal has been designed with the aim of becoming extremely successful in its process of objectives fulfilment.28 For this reason, the tribunal was formulated with the help of concrete structure of governing authorities within it. The jurisdictions related to the issues of environment have been decided to be utilising expertise of various judges and members who have special skills in handling issues of the environment.29 The importance of the tribunal can also be practically felt with respect to the benefits that it would provide to the business houses in performing their duties towards the environment. The businesses can significantly reduce the amount of money associated with the use of energy and resources and bring out efficiency for its businesses’ profitability. Along with reduction in costs associated with energy consumption and inefficient resource utilisation, the businesses can effectively manage the waste produced due to its operations and manufacturing cycles. Moreover, the tribunal is also important for the businesses because it provided basis for the businesses with regard to reduction of premiums associated with insurance and this can be accomplished with the application of enhanced environmental practices. Need and importance for the tribunal is evident not only from the above mentioned short-term benefits for the businesses but also from the long-term and broader benefits such as that of how the businesses are perceived in the society. Efficient handling of issues related to the environment helps the businesses in enhancing their status position in front of the stakeholders which is inclusive of the local community where the business deals.30 In recent times, achievement of sustainable competitive advantage of the businesses is directly associated with effective sustenance of the environmental issues. For transparent and successful handling of the environmental issues by the companies and individuals, the need for a specialist tribunal was perceived as a result of which, the tribunal for protecting the environment in the UK came into force during the year 2010.31 The advantages of the UK tribunal for handling and protecting issues related to the environment are visible in the form of effectiveness of the tribunal in handling appeals against the forms of civil sanctions which has been discussed in the earlier sections of this research paper. There are several benefits for making appeals within the regime of laws related to the environment being looked after by a particular body of appealing. The tribunal addresses issues in public and has its personal form of infrastructure where the handling of environmental issues is undertaken.32 The presence of the upper tribunal for handling appeals against the first-tier tribunal is a significant issue for the society in dealing with cases related to environmental protection. The entire structure of the tribunal creates special advantage in comparison to other forms of legal authorities handling appeals.33 The decisions of the tribunal in relation to the matters of handling appeals will provide supervision to various regulating bodies and authorities where issues of dealing with a comprehensively new policy such as civil sanctions handling exist for the authorities.34 2.8 Certain Issues against the Tribunal Reforms The above discussion related to structure, effectiveness of forms and significance of the tribunal has provided the basis of anticipating consistency of the tribunal. However, there also exist certain loopholes of the tribunal that have been anticipated by the communities. According to the norms of the tribunal, developers can appeal to the tribunal against any decision whereas the objectors are required to discover certain fault of the law for appealing. In the absence of appealing right for the objectors, although, they can recurrently move to the Administrative Court. Thus, there always prevail probabilities of excessive interference of the government that can hinder effective and fast processing of the tribunal. It is essentially required by the tribunal to adequately explain the exact grounds based on which the appeals can be launched by the ordinary people. This is essential so that ordinary people do not have to go thoroughly into the textbooks of law before appealing against any decision of the tribunal.35 The tribunals are essentially subjected to “doctrine of ultra vires” which indicates that the decisions and actions of the tribunal should be within the jurisdictions being provided to them by the government. The persons who become a victim of tribunal’s violation of rules on this part can eligibly appeal directly to the High Court for making the tribunals’ decision void. In that case, the effectiveness of the tribunal decreases. Thus, the environmental tribunal along with other tribunals can be criticised on this ground for leaving the scope of appealing to the normal court of justice which can ultimately prove the entire tribunal to be ineffective.36 3.0 Conclusion The discussion undertaken until now about the analytical evaluation of the new Environmental Tribunal in the UK depicts that although there are certain loopholes in its process of jurisdiction, the number of advantages offset those loopholes and broad future scope can be expected from the tribunal. The effectiveness of the civil sanctions under the environmental tribunal has become effective after the execution of Enforcement and Sanctions Act 2008.37 With the launching and implementation of the tribunal, access to justice for both the individuals as well as the companies has become more possible.38 In other words, matters related to the proceedings of the environment have been enhanced as a result of the formation of the tribunal. The rights of the human beings are directly related to the protection of the environment and the creation of the tribunal is a successful move towards protection of both the environment and human beings as well. The tribunal not only aims to protect the environment but also addresses greater access of the human beings towards environmental laws’ information with adequate provision of right to the people for taking active participation in processes of decision making. The tribunal developed specifically for handling precise issues related to the protection of the environment is expected to be contributing towards safeguarding the people’s rights to survive in a healthy environment. Thus, it can be mentioned that analytical evaluation of the tribunal provides the basis that the tribunal is not only efficient at preset, but it will also remain efficient in the future as well. This is evident due to the possession of various positive features of the tribunal such as time efficient, economical, activities of expertise staffs, consistency towards environmental law, justice convenience, efficient proceedings of the cases, pledges to governmental requirements, aggressive approaches to problem solving and many more.39 4.0 References Amy Mehta, ‘Commentary on the National Environmental Tribunal Procedure established in Kenya’ (School of Law, 18 May, 2011) accessed 02 July 2011 Business Link, ‘Who can appeal to the First-tier Tribunal (Environment)’ (bdotg, 2011) accessed 02 July 2011 Business Link, ‘How to appeal a First-tier Tribunal (Environment) decision’ (bdotg, 2011) accessed 04 July 2011 Business Wales, ‘Benefits of improving your environmental performance’ (bdotg, 2011) accessed 04 July 2011 David Hart, ‘Why can’t objectors appeal a planning consent or environmental permit?’ (UK Human Rights Blog, 06 June 2011) accessed 04 July 2011 Gordon Bell, Tom Burke & Sharon Turner, ‘Foundation for the Future’ (Review of Environmental Governance in Northern Ireland, May 2007) accessed 02 July 2011 John Joliff, ‘What can an Environmental Tribunal do?’ (UK Human Rights Blog, 6 June 2011) accessed 02 July 2011 Justice, ‘Guidance‘ (Rules & Legislation, 11 May, 2011) accessed 4 July 2011 Legal Directory, ‘Administrative Tribunals’ (UK Legal Services, 2011) accessed 04 July 2011 Louise Gray, ‘Lawyers call for international court for the environment’ The Telegraph (London, 27 November 2008) Local Government Lawyer, ‘New jurisdiction in First-Tier Tribunal to plug environmental law gap, says judge’ (Litigation, 23 May 2011) accessed 04 July 2011 Mike Marston, ‘The Environmental Civil Sanctions Order 2010 (England & Wales)’ (OHES, 2010) accessed 02 July 2011 Mark Haddock, ‘Environmental Tribunals in British Columbia Discussion Paper’ (Press, November 2009) accessed 02 July 2011 National Code, ‘The Importance of Being Able to Complain under the National Codes’ (Complaints Procedures) accessed 04 July 2011 Professor Richard Macrory, ‘Consistency and effectiveness’ (Centre for Law and the Environment, January 2011) accessed 04 July 2011 Richard Macrory, ‘Environmental Courts And Tribunals In England And Wales – A Tentative New Dawn’ (2010) Journal of Court Innovation accessed 02 July 2011 Study on Access to Justice in Environmental Matters - ‘United Kingdom Country Report, Volume III: Portugal – United Kingdom’ Vivek Ramkumar & Elena Petkova, ‘Transparency in Environmental Governance’ (Publications) accessed 02 July 2011 5.0 Cases and Acts Cases Dr Kaye Little Vs. Information Commissioner (2010) EA/2010/0072 R (Cart) v The Upper Tribunal (2011) UKSC 30 Home Office v Information Commissioner (2010) GIA/2098/2010 House of Lords in R v Secretary of State for the Home Department (1999) AC 450 pp 457 White v IC & South Gloucestershire Council (2011) EA/2011/0048 Acts Acts of the Parliament of the United Kingdom Environmental Information Regulations 2004 (EIR) Environmental Sanctions (Misc. Amendments) (England) Regulations 2010) Freedom of Information Act 2000 Regulatory Enforcement and Sanctions Act (the Act) 2008 Tribunals, Courts and Enforcement Act 2007 Read More