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RULING DEMONSTRATES NEED FOR TOUGHER WILDLIFE LAW
25 June 1996
The High Court further demonstrated the weakness of Britain's wildlife law today, when Mr. Justice Sedley dismissed an application for leave to seek judicial review of the Government's decision to build the Newbury Bypass through a proposed Special Area of Conservation [1].
Mr Justice Sedley described his judgement as "regretful" as "one can appreciate the force of the view that if the protection of the natural environment keeps coming second we shall end by destroying our own habitat", but could not find the Government's decision unlawful.
Charles Secrett, speaking on behalf of the applicants, said:
"This decision is yet another demonstration of the urgent need for tougher laws to protect Britain's wildlife. The fact that the Government can legally consult on the designation of a European nature reserve while simultaneously allowing a road to destroy part of it is preposterous.
The applicants hoped their action would lead to the protection of both human and wildlife interests. Instead, the ruling will lead to the destruction of Rack Marsh, a Wildlife Trust reserve.
ENDS
NOTE TO EDITORS:
[1] Mr Justice Sedley today ruled on Regina v Secretary of State for Transport and Secretary of State for the Environment ex parte BBONT, Friends of the Earth, the Wildlife Trusts, WWF UK and Mr Richard and Janet Stephens. The application was for leave to judicially review the Government's decision to carry on building the Newbury bypass while simultaneously consulting on the designation, under the European Habitats Directive, of a Special Area of Conservation to protect the rare Desmoulin's Whorl Snail (Vertigo moulinsiana) which is found along the route. The proposed road will destroy part of the snail habitat.
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Published by Friends of the Earth Trust
Last modified: Sep 2008
