“top quality” “sensitive to a client's financial exposure” (Legal 500)
The limits of Environmental Law may be difficult to define but it is an increasingly important branch of the law which has developed considerably in recent years, and is regulated by increasingly complex and sophisticated legislation, often originating in the European Union.
In Chambers, we have the necessary expertise at all levels to advise on any of the legal issues which arise. We consider this a vital aspect of our work and we pride ourselves on giving comprehensive and practical advice, as well as providing the right level of representation for the particular case.
Our breadth of experience and expertise, and our commitment to keeping up-to-date with the changing legal environment, allows us to offer you advice, and representation as necessary, at all stages of a case. We can help you at all levels within the legal system, from appearing in domestic courts and tribunals to bringing cases to the European Court of Justice. Our particularly strong track record in Wales as well as England means that members are expert in the increasingly divergent environmental policies in play in the two countries.
Our expertise gained in working for all parties in environmental disputes means that we act for local authorities, regulators and other public authorities, developers, businesses large and small, community groups or active individuals. “ a loyal client base rooted in the local government sector, and has lately experienced an increase in the number of public policy-related environmental matters it handles.” (Chambers and Partners 2010). Chambers and Partners also notes that “the set is a big player in Wales, where it set up offices in 2010."
We deal with all aspects of Environmental Law, some areas of particular note include:
- Environmental Impact Assessments
These, together with Strategic Environmental Assessment, are a critical part of the planning process in many cases. Given their planning experience and expertise, our members are particularly well placed to advise on the implications of all environmental assessment requirements in any given case.
- Habitats and Species protection
A specialised environmental law discipline which directly affects other areas of work. Habitat and species protection each represent a genuine constraint on the use of land.
- Waste Management
Receiving, transferring, recovering, disposing of waste. The application of landfill tax. The BPEO. Is it waste at all? If so is it hazardous? Is it special?
- Contaminated Land
Part IIA of the EPA 1990: remediation of contaminated land. Contaminated sites and regeneration.
- Pollution Control
If pollution is defined as the introduction of substances into the environment in such a way that harm may result, its control can be seen to be vital and has become increasingly regulated, particularly following the IPPC Directive of 1996.
- Public Health
A wide range of statutory provisions relating to matters as diverse as hygiene and sanitation, disease control, genetically modified organisms, dangerous substances, pests and so on.
- Environmental Prosecutions
Members of the team can provide specialist advice at all stages of the process, to both enforcing authorities and defendants. There are an increasing number of criminal prosecutions brought against individuals, companies and their directors and officers.
- Environmental Protection Act Inquiries
The conduct of Inquiries held under Part I of the Environmental Protection Act 1990, which often require expertise in a wide range of disciplines.
- Statutory Nuisance
We have extensive expertise both in representing and advising both sides in disputes over the existence and/or abatement of statutory nuisances. We have particular expertise in appeals to the High Court, and beyond, on points of law.