What is it about?

This case report of McMorn v Natural England considers Natural England's approach to licensing the shooting of birds in order to prevent serious damage to agriculture and, in particular, whether different criteria should be applied to the shooting of birds of prey.

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Why is it important?

The case is important in demonstrating the relationship between England's central government environment policies and those of its nature conservation agency. The judge's decision to recognise the claimant's case as an Aarhus claim raises important issues about the purpose of the Aarhus Convention as interpreted in English law.

Perspectives

It is unfortunate that the judgment did not consider the purpose of species conservation and how this related to the interpretation of the law with respect to different species.

Prof Lynda M Warren
Aberystwyth University

Read the Original

This page is a summary of: Pheasant poults – buzzard prey or gamebirds?, Environmental Law Review, June 2016, SAGE Publications,
DOI: 10.1177/1461452916642564.
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