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106 Case Commentaries Punitive damages ruled excessive in Exxon Valdez : Battista [2008] 3 Env. LiabilityCase Commentaries The Habitats Regulations 1994 – The Dilly Lane case : Sector [2008] 3 Env. Liability
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Conclusion and predictions underlying circumstances may lead to unintended
Chart-topping jury awards and frivolous lawsuits are consequences for the future of punitive damages. That is, a
unfortunate hallmarks of the United States legal framework case can be made that the 1:1 ratio should be a minimum
which often appears to be less of a system of justice than a rather than a maximum because in the Exxon matter, the
series of random results. Here, the Court seized an conduct was not intentional and the defendant did not profit
opportunity to cap jackpot winnings in the narrow context from the conduct. Plaintiff lawyers may argue that if such
of maritime common law. Although the decision is not factors are absent, the Exxon limits should not apply and
binding on courts assessing punitive damages under state therefore that the punitives could be higher than the 1:1
laws, the Supreme Court’s ruling is likely to be influential ratio. One can imagine that the Court’s dissenters might
on state and federal courts wrestling with punitive damage agree with that logic. There is little doubt, however, that
issues. Alternatively, despite the outcome of this case, the this issue will be back at the Supreme Court before too
long.

The Habitats Regulations 1994 – High Court
clarity
R (Hart District Council) v Secretary of State for Communities and
Local Government
[2008] EWHC 1204 (Admin)

Gary Sector
Planning & Environmental Group, Addleshaw Goddard

Facts This has been particularly so within the Thames Valley where
An increasing difficulty for development proposals across there are large tracts of protected heathland, and areas close
the country has been the practical effect of provisions in to our major estuaries, which are frequently protected for
the Habitats Regulations 1994 (SI 1994/2716) requiring their populations of wildfowl. A cause of considerable legal
projects to be assessed for their implications upon the nature angst has been at which point mitigation measures should
conservation objectives of a European designated site. be considered by the competent authority – a key issue in
Whilst the Habitats Regulations have been on the statute determining whether there is a need to undertake an
book for a considerable period, it is only in the last couple appropriate assessment, or whether the proposal can be
of years that their impact has been fully appreciated and sifted out of further consideration under the Regulation
used as a sharp instrument by NIMBY groups (and some 48 process. In short, should the competent authority ignore
local planning authorities) to blunt the expeditious mitigation measures in concluding upon the implications
determination of planning applications. of the proposal, undertake an appropriate assessment and
Regulation 48 of the Habitats Regulations 1994 requires then factor in the mitigation, or treat the mitigation as an
a competent authority, either the local planning authority integral part of the proposals?
or the Secretary of State, as relevant, to assess prior to the
grant of planning consent, the implications of a development Decision
proposal (either alone or in combination with other plans An area which has attracted no less than five publicly
or projects) upon the conservation objectives of a debated Leading Counsel’s opinions has now been
designated European site (Special Protection Area). The substantially clarified by the High Court judgment of Mr
correct method by which such an appropriate assessment Justice Sullivan in litigation concerning a proposal for a
should be undertaken has been the cause of considerable housing development at Dilly Lane, Hartley Wintney in
legal uncertainty, and hence delay to numerous proposals. Hampshire. Appeals against the refusal of planning

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