In Armstrong Aggregates Ltd v Natural England  EWHC 2009 (Admin), a judgment handed down on 28 July 2022, the Hon. Mr Justice Fordham has thrown out an attempt to challenge the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (SI 2015 No.810) by Part 8 claim, in circumstances where the claimant had, and had already exercised, a statutory right to appeal under the Regulations.
James Burton appeared for Natural England, which made (successful) applications to strike out the claim on grounds of abuse, and also on the basis the Court should decline jurisdiction. In addition to being the first known occasion the Regulations have been considered by the High Court, the judgment also contains helpful guidance regarding ‘shield’ letters. The judgment is available here.