Twyford Down, the East London River Crossing, the Mll Link Road and the Channel Tunnel Rail Link are among the most controversial UK infrastructure projects of recent years. Controversial not least because for a while it appeared that the European Commission would bring enforcement procedings under Article 169 of the EC Treaty alleging that the UK had infringed Directive 85 / 337 on Environmental Impact Assessment ( Official Journal, 5 July 1985 L 175/40) in connection with those (and other) projects. Indeed, on 17 October 1991 Mr Ripa di Meana, then Environment Commissioner, sent a "letter of formal notice" ( the ''formal letter"), the first step in the enforcement procedure, to the UK Government alleging infraction of the Directive. He also wrote personally to Mr Rijkind, Secretary of State for Transport, requesting him to suspend work on the highway projects. This sparked an acrimonious dispute between the Commission and the UK Government. The whole episode represents an interesting case-study on the application of the enforcement procedure in the environmental context and this article will describe and comment upon it.
European Energy and Environmental Law Review