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The Supreme Court Judgment of March 6, 2023 resolves the appeals filed by several companies and entities against the extension of the occupancy concession of a cellulose paste factory in Pontevedra. The judgment is based on the need to justify the occupation of the land and the lack of accreditation of the environmental requirements by the company ENCE. In addition, the need to prove compliance with environmental legislation in the granting of concession extensions in the maritime-terrestrial public domain is discussed. The judgment also mentions the possible impact of the Climate Change and Energy Transition Law and the Royal Decree that modifies the General Coastal Regulation. The Supreme Court has upheld the legality of the extension of occupancy concessions in the maritime-terrestrial public domain, up to a maximum of seventy-five years, with the same regime of use and activity as before the entry into force of the Coastal Law (LC), but subject to environmental requirements. However, Judge Ángeles Huet de Sande issued a dissenting opinion advocating for a restrictive interpretation of the transitional provisions of the 1988 LC, in line with the protection and sustainable use of the coastline. The judgment highlights the need to reconcile acquired rights with the protection of the coastline and mentions the Climate Change and Energy Transition Law as a relevant element in the planning and management of the maritime-terrestrial public domain. [Extracted from the article]

The High Court of Justice of Castilla La Mancha has issued a sentence (451/2001) in which it resolves an appeal filed by a company dedicated to the distillation of vinous alcohol. The company was fined for operating without the necessary environmental authorization, and although the appeal was partially granted, the sanction remains valid and effective. The court examined the arguments of the company and concluded that, even if Law 16/2002 on Integrated Prevention and Control of Pollution were applied, the company would still be committing an infringement due to the lack of necessary authorization. The article highlights the importance of companies adapting to current regulations and criticizes the possibility of unequal treatment between old and new industrial facilities in terms of environmental compliance. [Extracted from the article]

The ruling of the Superior Court of Justice of the Canary Islands on January 13, 2022, resolves the execution of a previous sentence related to a thermal power plant in Arrecife. The sentence mentions that the neighbors who challenged the power plant are owners of illegally constructed homes without a municipal building license. The court dismisses the appeal and imposes the costs on the member of the association who presented the case. The sentence highlights that there is no evidence contradicting the technical reports and expert opinions that support the compliance with the environmental measures of the power plant. [Extracted from the article]

This paper addresses the issue of exceeding the limit values by the Member States of the European Union in the framework of the regulations on ambient air quality and a cleaner atmosphere in Europe. The current Directive 2008/50 is the consequence of the normative evolution from the first partial Directives on specific polluting substances of the 1980s and to its most immediate antecedent, which was Directive 96/62 on evaluation and management of the quality of the air. The protection of human health is the true leitmotiv and primary objective of the European regulations on air quality and the reason for the quantitative criteria set forth therein. The non-compliance by the States of the same has been systematic and continued as reflected, only in part, the Court Judgments, being premonitory of the tragic situation of pandemic and loss of life in which all the States are, but especially those of the main world economies to which they never thought this situation would come to them, and with a "reflective" state model that, for three decades, has not anticipated or prepared for crises that have been happening since 2000 and that it has forced citizens to live with risk and socialize it in the face of the progressive emptying of resources. For this reason, the need for a paradigm shift in the State model towards a social and democratic State (art. 1.1 CE) whose preventive function is the prevailing one, based and built on the true rights of people who are really enforceable to the public powers with the full guarantee of individual effective judicial protection in all its length and effectiveness. Despite the low compliance with environmental regulations, two very recent Judgments of the Court against France and Germany on Directive 2008/50 on air quality open a path of hope for citizens in the firmness demonstrated by the Court in demanding responsibilities to the States and the adoption of measures "as soon as possible" through the novel application of well-known principles such as that of efficacy, proportionality, strict liability, etc. ... that establish the prevalence of health protection and air quality on other foundational principles of the European Union until now untouchable and before the still surprising allegations of defense of "structural deficiencies" by the first European economic powers for not having applied environmental regulations. [ABSTRACT FROM AUTHOR]

The Royal Legislative Decree 2/2011, of September 5th, approves the Consolidated Text of the Law on Ports of the State and the Merchant Navy. This law aims to determine and classify the ports that are under the State's jurisdiction, regulate the planning, construction, organization, management, and policing of ports, regulate the provision of services in ports, and establish the regulatory framework for the Merchant Navy. Regarding the environment, the law establishes measures to prevent and combat pollution in ports, regulate the reception of waste and residues from ships, and control compliance with environmental regulations in the port area. The law came into effect on October 21st, 2011, and repeals previous provisions related to ports and the Merchant Navy. [Extracted from the article]

The Order of May 13, 2022 approves the Environmental Inspection Plan of the Ministry of Water, Agriculture, Livestock, Fisheries, and Environment 2022-2028 in the Region of Murcia. This plan aims to protect the environment and human health through inspections to verify compliance with environmental quality regulations and environmental authorizations and procedures. Annual inspection programs are established to assess risks in facilities related to pollution and industrial emissions. The order came into effect on May 19, 2022. [Extracted from the article]