Cornerstone Climate
Cornerstone Climate is a cross-disciplinary practice group for environment law, climate change litigation and advice drawing on our award-winning planning, environment, property, commercial, regulatory and public law teams. Our barristers are frequently involved in major climate cases, both in court and at public inquiry.
Cornerstone has a strong track record of involvement in climate cases and of giving strategic, carbon-literate advice, including to all levels of government and internationally. For example, our barristers have been represented on both sides of the two main climate change cases in the UK in 2024; the Carbon Budget Delivery Plan challenge and the Finch litigation in the Supreme Court. Our barristers are also represented in one of the largest private law environmental cases (the Mariana case concerning the collapse of the Fundão Dam in Brazil), which, whilst not a climate case per se, may have a significant impact on future trends in climate litigation.
The climate and biodiversity crises have triggered legislative, regulatory and market responses that affect clients across planning, environment, property, commercial and public law. Awareness of, and potentially imaginative solutions to, climate and biodiversity risks are required.
Our aim is to fortify and expand the services we provide clients on climate and biodiversity matters, as well as to act as a hub bringing professionals together from across the construction, development, public policy and commercial worlds to share best practice and insight, hosting regular in person and online events.
In our hub below you’ll be able to learn about our expertise, access useful climate resources and sign up for email updates.
Climate Litigation Lessons from Across the Globe
Late March Onwards
Join us for a global series on climate litigation—featuring expert insights from key jurisdictions. Culminating in a special in-person & livestreamed session at New York Climate Week. Learn more here.
The Climate Masterclass – Climate Training for Legal Professionals
The Climate Masterclass offers a comprehensive training package covering many aspects of climate change and the law. Designed to upskill and inform, this is for anyone in the legal profession seeking to deepen their understanding of environmental law and its relevance to their practice.
- Legal Challenges
Cornerstone Barristers has some of the most highly regarded barristers involved in environmental legal challenges, frequently instructed in high profile cases at the Supreme Court, High Court and Court of Appeal.
Recent highlights of our work include:
- Finch v Surrey County Council (Supreme Court case). A hugely significant case for environmental law and climate change concerning the question of whether, when considering an application for the commercial extraction of oil, Surrey County Council should have required an assessment of the emissions likely to be caused by the use of products manufactured from the extracted crude, and their impact on the climate. (Estelle Dehon KC, Harriet Townsend, Ruchi Parekh, Nina Pindham, Alex Williams, David Welsh).
- Carbon Budget Delivery Plan. A judicial review challenge by Friends of the Earth, ClientEarth and the Good Law Project to the lawfulness of the Carbon Budget Delivery Plan, which the High Court found to be unlawful requiring the Secretary of State to produce a new plan within 12 months. (Robert Williams, Nina Pindham)
- The government’s Net Zero Strategy. In this legal challenge, the High Court held that the UK Government did not comply with requirements under the Climate Change Act 2008 to produce policies and proposals that will enable net zero to be met by 2050, and to report on those policies in a transparent way to Parliament when it produced its flagship Net Zero Strategy in advance of COP26. (Nina Pindham)
- Rosebank oilfield. Greenpeace and the campaign group Uplift argue that the decision to move forward with the development is incompatible with the UK’s legally binding climate commitments and say ministers’ original analysis ignored the devastating impact of burning oil from the site. James Findlay KC is acting for Uplift while David Welsh is acting for Greenpeace.
- The Mariana Case. Claim before the Technology and Construction court in which 620,000 Brazilian claimants have brought proceedings against BHP Group relating to the collapse of the Fundão Dam. Whilst this is not a case concerning climate change, the Mariana case is one of a number of group litigation claims currently being brought in the English courts against English-domiciled parent companies for environmental damage overseas. The Mariana case may set a broader precedent for future group climate litigation against major emitters domiciled in England, for damage caused abroad. (Hannah Taylor)
- Balcombe hydrocarbon exploration. A statutory challenge to the grant of planning permission for exploration and appraisal works with an extended well test for hydrocarbons at an existing well site at Lower Stumble, Balcombe. Permission granted to appeal to the Court of Appeal. Tom Cosgrove KC and Ben Du Feu acted for the Secretary of State. Ruchi Parekh is instructed by the appellant residents association.
- Challenge to UK government’s oil and gas expansion plans. This challenge by a leading UK climate change non-governmental organisation, Uplift, to the government’s UK Offshore Energy Strategic Environmental Assessment, which concluded that a policy allowing new seaward oil and gas licensing would not have significant environmental impacts. (Estelle Dehon KC, Ruchi Parekh)
- Whitehaven coal mine. The statutory review of the controversial decision by the Secretary of State for Levelling Up, Housing and Communities to approve the first new coal mine in the UK for over 30 years, purportedly the world’s first ‘Net Zero’ coal mine. (Estelle Dehon KC, Rowan Clapp)
- Solar farm appeals belatedly contended as Nationally Significant Infrastructure Projects (NSIP). A significant challenge brought by two planning authorities against the Planning Inspector’s decision that it had jurisdiction to determine appeals in respect of solar farms under the Town and Country Planning Act 1990. The authorities unsuccessfully contended that the solar farm development was NSIP, which needed to be determined under the Planning Act 2008. (Ryan Kohli)
- HS2 tunnelling in the Chilterns. A judicial review claim brought by local residents in the Chilterns challenging the Environment Agency’s decision to grant consent for a twin tunnel for the purposes of the HS2 project. Planning permission was refused in November 2021. (Lisa Busch KC)
- National and Local Policy
Cornerstone Barristers regularly advises national and local bodies on various areas of climate-related policy, utilising our outstanding sector knowledge and subject area expertise.
We can advise clients on subjects including:
- Developing and implementing net zero planning policy
- Planning policies addressing demolition
- EU Emissions Trading Scheme
- Nutrient neutrality
- Pollution reduction schemes
- Coastal erosion
- Embodied carbon
- Carbon capture
- Biodiversity Net Gain
- River Basin Management Plans
- Habitats and species protection
- Environmental Impact Assessments
- International Climate Law
Contributing to Inter-American Court of Human Rights Process
In collaboration with the Global Strategic Litigation Council and a coalition of Caribbean civil society groups, Cornerstone Barristers contributed to an amicus brief submitted to the Inter-American Court of Human Rights. This brief addresses state obligations concerning climate change and human rights, responding to a request for an Advisory Opinion from Chile and Colombia. We worked alongside leading legal experts to highlight the imperative for countries to implement effective climate change mitigation and adaptation strategies. This collaborative effort emphasises the importance of public access to information and participation in decision-making processes, particularly for marginalised and vulnerable communities.
Work on Fossil Fuel Taxes
We have advised national and international NGOs on options for taxing fossil fuels at UK and EU level, providing legal input into briefing papers concerning taxation of aviation fuels and on various options for taxation of fossil fuel companies operating in the EU.
Advocacy at the Aarhus Convention Compliance Committee
Our expertise in international environmental law is further demonstrated through our work with the UN’s Aarhus Convention Compliance Committee regarding public participation in environmental law. Representing communicants, we successfully argued for the extension of the Aarhus costs regime to include claims under Section 288 of the Town and Country Planning Act 1990. Our involvement also includes representing the UK Government before the Committee and serving as stakeholder advisors to the Committee concerning its practice and procedure. These efforts underscore our commitment to upholding and advancing environmental justice on a global scale.
Supporting Paris Agreement-Aligned Investment in Africa
Recognising the critical need for sustainable development, our team has been involved in editing a comprehensive toolkit that outlines legal frameworks for investments aligned with the Paris Agreement across Africa’s 54 states. This resource is designed to guide investors and legal professionals in supporting Africa’s transition to a green economy. This project reflects our dedication to fostering legal environments that promote climate-resilient development in one of the world’s most vulnerable regions.
Thought Leadership
We are involved with global efforts to implement the Paris Agreement under the UN Framework Convention on Climate Change (UNFCCC), which includes organising and speaking at events examining the role of law and lawyers at the UNFCCC’s annual COPs. We lead ongoing initiatives inside and outside the UNFCCC framework providing legal assistance to developing nations seeking to make the green transition and implement their nationally determined contributions under the Paris Agreement:
- At the International Bar Association’s Annual Conference 2023 in Paris, where we shared extensive experiences in applying international environmental law and aligning legal advice with the frameworks essential for the transition to net zero.
- At the Climate Law and Governance Initiative ‘Live from Bonn’ in June 2024, discussing developments at the current UNFCCC negotiations;
- At New York Climate Week in October 2024, feeding into the discussion on the implications of the climate crisis for the legal sector;
- At COP29 in Baku in November 2024, where we assisted with the planning of a Blue Zone Side Event – Beyond national frameworks: Lawyers and law associations enhancing ambition through legal approaches;
This engagement underscores our role as thought leaders in the global legal community, advocating for practices and policies that address the urgent demands of climate change.
Training in International Climate Change Law
At Cornerstone Barristers, we recognise the critical importance of understanding the evolving international climate change regime, which has expanded since the UNFCCC was established. While the annual COP meetings are prominently covered in the media, their complex and often misunderstood processes significantly influence national climate legislation and action. To bridge this gap, we offered specialised training alongside Legal Response International to provide an essential overview of the UNFCCC, the intricacies of COP negotiations, and the crucial role legal practitioners play in these international discussions.
Global Leadership in Climate Law
Cornerstone Climate’s Estelle Dehon KC and Nina Pindham both won the prestigious Global Leadership Award in Climate Law at COP27, for engaging bar associations in climate law solutions and practice in the UK, Canada and globally. This initiative aims to equip lawyers with the knowledge and tools necessary to better serve their clients in the face of evolving climate challenges.
- Infrastructure
Members of Cornerstone Climate frequently advise developers, local authorities and resident groups on infrastructure projects, often acting in major inquiries and on Nationally Significant Infrastructure Projects (NSIP).
Recently this has included:
- Sizewell C Nuclear Power Station, representing parties in a judicial review challenge to grant planning permission for the station in Suffolk.
- Gatwick Airport Expansion, representing a large coalition of local authorities through the development control process.
- Sunnica Energy Farm, a case for development of the UK’s largest solar farm on over 1,000 hectares of farmland in Suffolk and Cambridgeshire.
- Recharge One, securing permission for a developer to build an Electric Vehicle (EV) charging centre in the South Downs National Park.
- HS2, promoting the Phase 2B Hybrid Bill for the UK’s largest infrastructure project.
- East Anglia GREEN Grid Reinforcement, acting for a local authority regarding the connection of new offshore wind generation to the National Grid.
- Gullwing Bridge, advising on the carbon implications of the now consented bridge in Lowestoft, Suffolk.
- Great Yarmouth Third River Crossing, advising on the carbon implications, both embodied and in operation, of the now consented bridge in Suffolk.
- Renewable Energy
Members of Chambers have been involved in a wide variety of renewable energy developments acting for both developers and local authorities. Our barristers have experience of both NSIPs and section 78 appeals concerning renewable energy proposals.
As well as acting in the six-month long examination into the UK’s largest proposed solar farm (Sunnica) and for the three largest offshore windfarms in the world (Norfolk Hornsea 3, Norfolk Vanguard and Boreas), Cornerstone has been involved in dozens of other renewable energy projects, including:
- Cutlers Green Solar Farm, Thaxted
- Steeraway Solar Farm, Telford
- Mallard Pass Solar Farm, Lincolnshire/Rutland
- Crays Hall Solar Farm, Essex
- Cotmoor Solar Farm, Lincolnshire/Nottingham
- Minchens Lane Solar Farm, Bramley
- Higher Denzell Wind Farm, Cornwall
- East Anglia One North Offshore Wind Farm, Suffolk
- East Anglia Two Offshore Wind Farm, Suffolk
- North Falls Offshore Wind Farm, Suffolk
- Five Estuaries Offshore Wind Farm, Suffolk
- Aviation
Our barristers have considerable experience of appearing before major inquiries within the aviation sector. Recent highlights include:
- Representing the community group challenging the ‘Jet Zero Strategy’, the Government’s plan to achieve net zero in the aviation industry.
- Acting for local residents in opposing the expansion of London City Airport.
- Representing Plymouth City Council in a judicial review sought by an oil company for planning permission for a private heliport on land near a site identified as presenting a hazard subject to the Control of Major Accident Hazards Regulations 2015.
- Participating in a judicial review challenge of planning permission granted for the UK’s first space port in Caithness, Scotland, based on asserted errors in Environmental Impact Assessments (EIA) and Habitats Regulations assessments, including in particular, the impact of visitors on the habitats of protected birds.
- Representing the main community group opposing the expansion of Leeds Bradford Airport, on grounds of climate change and public health.
- Court of Appeal challenge to the planned expansion of Bristol Airport.
- High Court challenge to the expansion of Southampton Airport.
