UK Power Sector Challenge to National Allocation Plan Under the EU Emissions Trading Scheme Refused by the European Court of Justice

In Case T-130/06 Drax Power and others v European Commission, the Court of First Instance held that an application by Drax Power and others for annulment of Commission Decision (C(2006)426 final of 22 February 2006 concerning a proposed amendment to the National Allocation Plan notified by the UK in accordance with the EU Emissions Trading Directive was inadmissable. The Court ruled that the applicants could not be considered to be 'directly concerned' by the contested decision within the meaning of the fourth paragraph of Article 230 of the European Treaty, on legal standing: 'Any natural or legal person may, under the same conditions, institute proceedings against a decision addressed to that person or against a decision, which, although in the form of a regulation or a decision addressed to another persion, is of direct and individual concern to the former...'

Climate drivers for peatland palaeoclimate records

Reconstruction of hydroclimate variability is an important part of understanding natural climate change on decadal to millennial timescales. Peatland records reconstruct 'bog surface wetness' (BSW) changes, but it is unclear whether it is a relative dominance of precipitation or temperature that has driven these variations over Holocene timescales. Previously, correlations with instrumental climate data implied that precipitation is the dominant control. However, a recent chironomid inferred July temperature record suggested temperature changes were synchronous with BSW over the mid-late Holocene. This paper provides new analyses of these data to test competing hypotheses of climate controls on bog surface wetness and discusses some of the distal drivers of large-scale spatial patterns of BSW change. Using statistically based estimates of uncertainty in chronologies and proxy records, we show a correlation between Holocene summer temperature and BSW is plausible, but that chronologies are insufficiently precise to demonstrate this conclusively. Simulated summer moisture deficit changes for the last 6000 years forced by temperature alone are relatively small compared with observations over the 20th century. Instrumental records show that summer moisture deficit provides the best explanatory variable for measured water table changes and is more strongly correlated with precipitation than with temperature in both Estonia and the UK. We conclude that BSW is driven primarily by precipitation, reinforced by temperature, which is negatively correlated with precipitation and therefore usually forces summer moisture deficit in the same direction. In western Europe, BSW records are likely to be forced by changes in the strength and location of westerlies, linked to large-scale North Atlantic ocean and atmospheric circulation. (C) 2009 Elsevier Ltd. All rights reserved.

Absent Witnesses and the U.K. Supreme Court: Judicial Deference as Judicial Dialogue?

This article analyses the position of absent witness evidence under the UK Criminal Justice Act 2003 after significant European and domestic case law on the topic. It argues that flexibility in the hearsay regime under the 2003 Act and a permissive approach by appellate courts has increased the potential for fair trial violations in recent years. Moreover, the UK Supreme Court decision in R v Horncastle preserves domestic courts’ authority to determine the meaning of European rights and selectively defer to Parliament. This area of the law demonstrates the scope that the domestic system retains for divergence from European standards.