7/14/2014
START DATE
END DATE
6-Aug-14
THE BERMUDA ENVIRONMENTAL SUSTAINABILITY TASKFORCE vs. THE MINISTER OF HOME AFFAIRS
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda (Commercial Court, Appellate Jurisdiction)
Environmental Law, Judicial Review, Administrative Law
Hon. Justice Kawaley
Mr. Alex Potts (Sedgwick Chudleigh Ltd.)
Mr. Ben Adamson (Conyers Dill & Pearman)
FACTS OF THE CASE:
BEST (Bermuda Environmental Sustainability Taskforce) appealed against the Minister of Home Affairs' decision to approve a residential development at Tucker�s Point. BEST argued that an Environmental Impact Assessment (EIA) should have been conducted and that they were denied an opportunity to respond to arguments made by developers and the government before the approval. The case questioned whether Bermuda�s environmental laws required an EIA and whether BEST was afforded procedural fairness in the review process.
SUMMARY:
(1) Was an EIA required for large-scale developments under Bermuda law? (2) Did the Minister's approval violate natural justice by failing to allow BEST to respond? (3) Should the project be halted pending further environmental review?
OUTCOMES:
Minister�s decision partially quashed; matter remitted for reconsideration.
RULED IN FAVOUR OF:
BEST (Plaintiff)
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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THE BERMUDA ENVIRONMENTAL SUSTAINABILITY TASKFORCE vs. THE MINISTER OF HOME AFFAIRS
BEST (Bermuda Environmental Sustainability Taskforce) appealed against the Minister of Home Affairs' decision to approve a residential development at Tucker�s Point. BEST argued that an Environmental Impact Assessment (EIA) should have been conducted and that they were denied an opportunity to respond to arguments made by developers and the government before the approval. The case questioned whether Bermuda�s environmental laws required an EIA and whether BEST was afforded procedural fairness in the review process.