OPINION OF LORD MACFADYEN

in the Petition of

RICHARD SWAN AND OTHERS

Petitioners;

against

SECRETARY OF STATE FOR SCOTLAND

for

Judicial Review of a decision by the Minister of Agriculture, Forestry and the Environment at the Scottish Office on or about 30 November 1995 not to require environmental assessment in relation to a planting proposal by Mr Iain Dykes of Greenlawdean Farm, Greenlaw, Berwickshire and the failure to transpose the provisions of Council Directive 85/337/EEC of 27 June 1985 into

UK law.

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