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In this second podcast of 2019, Mark Davies and Christopher Badger of 6 Pump Court consider and discuss:
- the Clean Air Strategy 2019
- hot topics in the relationship between investment treaties and environmental protection, and
- the problems causing hyperactivity of eels in the River Thames
To listen to the podcast click here
For a discussion of the 2019
clean air strategy – listen from 0.41minutes
Mark and Chris discuss reasons for the continued lack of improvement in air quality until now and ask
are we turning a corner with the government's latest clean air strategy which prioritises air quality
and aims to improve human health?
They outline the government’s
ambitious plans to legislate to prohibit sale of the most polluting fuels; to
phase out oil and coal heating; and to extend environmental permitting to the
dairy and intensive beef farming sectors.
Investment treaties and environmental protection - listen from 4.32m
Next Mark and Chris turn to
investment treaties and ask, as we head towards a no-deal Brexit, what role do
investment treaties play in ensuring environmental protection?
Mark asks if the risk of
uncertainty and imprecision in investment treaties is greater where the host
state is desperate for financial investment?
However, a discussion of recent
caselaw, in particular Vattenfall AB v Germany, Zelena N.V. v Serbia and David
R Aven v. Costa Rica shows that things appear to be changing for
the better in terms of the rights of a host state to regulate its own
And finally, the problem of London’s
untreated waste water – listen from 9.50 mins
As the EU Commission threatens
financial sanctions six years after the UK was found to be in breach under the
Urban Waste Water Directive, Mark Davies looks at the continued problems caused by
discharge of waste water into the Thames. Did you know that a recent report has found
signs of hyperactivity in eels due to high concentrations of cocaine in the Thames?
Mark considers the role of the Commission not just in ensuring compliance with
environmental law, but in ensuring that compliance is both timely and
effective. And Chris Badger asks will the new
Office for Environmental Protection be in a position to chastise or penalise
the government, at a time of significant investment in London’s waste water
treatment infrastructure, including the construction of the Lee Tunnel and the
For more information on these stories,
Lexis PSL News Analysis: Clean Air Strategy 2019
Arbitration Analysis: David Aven
Lexis PSL News: - VattenfallEurope Generation AG
Lexis PSL Practice Note: Urban Waste Water Treatment Directive 91/271/EEC
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