The WLR Daily case summaries
[2022] WLR(D) 367
Queen’s Bench Division
Regina (Harris and another) v Environment Agency
[2022] EWHC 2264 (Admin)
2022 July 7, 8; Sept 6
Johnson J
Environment— Natural habitats— Conservation of wild fauna and flora— Environment Agency responsible for grant of licences for abstraction of water— Agency commencing investigation into effect of licences on three sites of special scientific interest within special area of conservation— Whether agency obliged to consider impact of licences across entirety of area— Whether breaching EU law obligation to avoid deterioration of protected habitats and disturbance of protected species— Whether domestic law duty to “have regard” to EU obligation mandating compliance with that obligation— Whether agency acting irrationally—
European Union (Withdrawal) Act 2018 (c 16), ss 4(2)(b), 6
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Conservation of Habitats and Species Regulations 2017
(SI 2017/1012), reg 9(3)
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Council Directive 92/43/EEC, art 6(2)