R (Harris) v Environment Agency

Subject Matter

ENVIRONMENT — Natural habitats — Conservation of wild fauna and flora — Environment Agency responsible for grant of licences for abstraction of ground water — Agency commencing investigation into effect of licences on three of number of sites of special scientific interest in special area of conservation — Whether agency obliged to consider impact of licences across entirety of area — Whether breaching obligation under EU law 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 — Environment Act 1995 (c 25), s 6(1)(b) — European Union (Withdrawal) Act 2018 (c 16), ss 4(2)(b), 6 — Conservation of Habitats and Species Regulations 2017 (SI 2017/1012), reg 9(3) — Council Directive 92/43/EEC, art 6(2)

[2022] EWHC 2264 (Admin); [2022] PTSR 1751; [2022] WLR(D) 367, QBD