Search

Brief legal analysis of the Sentence of the Superior Court of Justice of Castilla-La Mancha on the occasion of the Contentious-Administrative Appeal 554/2020, filed against Agreement of the Government Council of the Junta de Comunidades de Castilla-La Mancha in disciplinary proceedings SA11/2020 (45CN180209). Disregard by the Superior Court of Justice of the requirements of the Law 26/2007 on Environmental Responsibility for considering it generic and for not appreciating guilt for being the concrete electrical pole that caused the electrocution of an Iberian Imperial Eagle outside the Protection Zones defined in article 4 of Royal Decree 1432/2008. Inadequate judgment of reproach of the sanctioned conduct. [ABSTRACT FROM AUTHOR]

Brief legal analysis of the Sentence of the Supreme Court 1215/2021 on the occasion of the Contentious-Administrative Appeal 202/2020, filed against Royal Decree 542/2020 by the Association of Electric Power Companies (AELEC) by which the requirements of compliance with Royal Decree 1432/2008 for the Protection of Birds in terms of verifications and inspections and triennial verifications of electrical lines and installations. Assumption by the Supreme Court of the requirements of Law 26/2007 on Environmental Responsibility, considering that the risk of electrocution and collision of birds is immediate and can occur at any time regardless of whether the line is inside or outside the Protection Zones defined in article 4 of Royal Decree 1432/2008. [ABSTRACT FROM AUTHOR]

Electrocution on power poles is probably one of the most important impacts on birds as it affects a large number of bird species worldwide. Birds of prey are particularly sensitive, as they generally have a large wingspan and a strong preference for using roosters for hunting. The design of the crossarm and the materials used in its construction are essential characteristics to determine the risk of electrocution. This report aims to review the regulations that apply to the case of electrocution of birds on power lines. The description of the financing system for adapting power lines. The Environmental Responsibility Act 26/2007, and its application to this issue, the court rulings obtained in recent years and the making of a proposal of technical and legal suggestions for the organisation of the sector in order to alleviate or solve this environmental problem. [ABSTRACT FROM AUTHOR]