Environment

Members of Landmark led all the parties involved in the challenge to the Government’s proposals for HS2 up to the Supreme Court (R (Buckinghamshire CC) v Secretary of State for Transport), environmental assessment at every level including in the European Court, and proceedings before the Compliance Committee of the Aarhus Convention. We also acted in the fracking appeals in the Court of Appeal (Preston New Road Action Group v Secretary of State), the dispute over tyre burning at Rugby Cement Works (the permitting, environmental assessment and Aarhus costs aspects – R (Edwards) v Environment Agency) and contaminated land including the second ever appeal against a remediation notice under the contaminated land provisions in Part II A of the EPA 1990.

Landmark members have been involved in environmental assessment from an early stage (e.g. Haughian [1997] Env. L.R. 59, Berkeley v Secretary of State [2001] 2 AC 603, Delena Wells [2004] 1 CLMR 31), R (Barker) v Bromley LBC and Commission v UK [2006] QB 764 and [2007] 1 AC 470 and represented all parties involved in the SEA challenge to HS2 up to the Supreme Court (R (Buckinghamshire CC) v Secretary of State [2014] 1 WLR 324), and regularly appear on environmental issues in courts and tribunals at all levels including the Aarhus Compliance Committee.

Members of Chambers continue to be involved in high profile cases and inquiries, often at the limits of current environmental law.

Recent work includes:

• Successfully promoting the Morlais Tidal Steam Demonstration zone (the first of its type in the world)
• The Cumbrian Coal mine inquiry
• Treatment of “downstream effects” in EIA (R (Finch) v Surrey CC [2022] PTSR 958, judgment from the Supreme Court reserved, June 2023)
• Gas exploration well and climate change (Protect Dunsfold Ltd v. Secretary of State [2023] EWHC 1854 (Admin))
• Environmental challenge to marine licensing for gas storage caverns (Re No Gas Caverns Ltd's Application for Judicial Review [2023] NIKB 84)
• Application of SEA to the new use classes order (R (Rights: Community: Action) v SSHCLG [2022] Env. L.R. 22)
• Aarhus costs in the Supreme Court (CPRE Kent v SSHCLG [2021] 1 WLR 4168)
• Heathrow litigation (R (Friends of the Earth Ltd) v Secretary of State for Transport [2021] PTSR 190)
• Interpretation of the biodiversity duty in s. 40 of the Natural Environment and Rural Communities Act 2006 (R (Langton) (No 3) v SSEFRA [2022] EWCA Civ 1201)
• Challenge to the scope of the EA’s ongoing investigation of the impact of water abstraction licences on sites within the Norfolk Broads SAC (R (Harris) v Environment Agency [2022] P.T.S.R. 1751)
• licensing for wild birds (Wild Justice v Natural Resources Wales [2021] Env LR 24)
• Noise nuisance (Dennis v MOD [2003] Env LR 34; Jones v MOD [2022] Env LR 13)
• Amenity nuisance (Fearn v Board of Trustees of the Tate Gallery [2023] 2 WLR 339)
• Derogations under the Habitats Regulations (R (RSPB) v Natural England [2022] Env LR 15
• Nutrient neutrality and habitats (R (Wyatt) v Fareham BC and Natural England [2003] Env LR 14)
• Application of habitats assessments to reserved matters and subsequent consents (CG Fry & Son Ltd v Secretary of State, June 2023, judgment reserved)
• Injunctions against protestors in NHL v Persons Unknown [2023] EWCA Civ 182
• Ugandan deforestation litigation; water abstraction licensing (R (Harris) v Environment Agency [2023] 2 CLMR 8).

Landmark also takes an active role in the United Kingdom Environmental Law Association and one of our associate members, The Rt. Hon. Lord Carnwath of Notting Hill, is its former President. A number of members contribute to Garner’s Environmental Law and edit the Encyclopaedia of Planning Law and Practice.