Hardy and Maile v. The United Kingdom

Submitted by Kelly Russo on Wed, 02/15/2012 - 00:00
Regional Decisions
European Court

The European Court of Human Rights held that the Government of the United Kingdom fulfilled its obligations under Article 8 of the European Convention on Human Rights in enacting and abiding by a coherent regulatory and legislative framework governing the construction and operation of two liquefied natural gas ("LNG") terminals at Milford Haven Harbour. While the Court recognized that the applicants' objection to the adequacy of the marine risk assessment prepared for purposes of hazardous consent and planning grants did pertain to a matter sufficiently linked to the right to respect for their homes, as residents of Milford Haven,  the Court stated that a decision does not require that comprehensive and measurable data be available in all aspects of the matter. The Court found that extensive reports and studies were carried out in respect of the proposed terminals, information and opportunities for public involvement in the planning were provided, and applicants were given the opportunity to seek judicial review of planning grants and hazardous consents, thereby fulfilling the State's obligations regarding Article 8.