Environmental Law

Chambers has a long-standing expertise in environmental law, covering all aspects of environmental regulation, the overlap between environmental law and land use planning, together with common law and criminal environmental liability. Clients include major industry, developers, statutory regulators and members of the public. The breadth and depth of our expertise enables us to provide an holistic approach to clients' needs and to approach issues with a firm understanding of the wider context. Members of Chambers have acted in many of the leading cases involving the application of European Community law in the environmental sphere, and the experience and innovation of our members in this important area of environmental law is widely recognised.

Leading court cases in which members of Chambers have been involved include:

Cases in the Domestic Courts

• R (Rockware Glass) v Chester City Council - leading case on "best practicable means" under the IPPC Regulations
• R (Bown) v Secretary of State for Transport - constructive designation of protected sites under the Wild Birds Directive
• Moase v Secretary of State - challenge to a CPO for breach of the Bathing Water and Urban Waste Water Directives
• R (Lewis) v Environment Agency - on the legality of sub-water table landfill sites under the Groundwater and Landfill Directives
• R (Skipway) v Environment Agency - challenge to convictions for breach of a waste management licence
• IND v Plant Hire Co. - £3.5 million claim for contaminated land
• R (Furness) v Environment Agency - challenge to a permit for municipal waste incineration
• Barker v Bromley and R (Wells) v Secretary of State in the European Court of Justice (see below)
• R(Berkeley) v Fulham LBC - the leading case on compliance with the EIA Directive
• R v Durham County Council ex p Huddleston - on the Direct Effect of the EIA Directive
• R(Barker) v Bromley - on the need for EIA of reserved matters
• Bellway Urban Renewal v Gillespie - on the scope of matters to be taken into account when adopting a screening opinion
• R(Richardson) v North Yorkshire County Council - on the obligation to take into account environmental information and the giving of reasons
• R v Cornwall CC ex p Hardy - quashing of planning permission for inadequate EIA
• R v St Edmundsbury BC ex p Walton - unlawful delegation of EIA decision

Cases in the European Court of Justice

• Euro Tombesi - leading case on waste
• R (Thames) v Bromley Magistrates' Court - concerning EU waste
• R (Barker) v Bromley LBC - on the Environmental Impact Assessment Directive
• R (Wells) v Secretary of State - on the remedial duty for breach of the EIA Directive