WORK HIGHLIGHTS INCLUDE ADVISING

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• The Chinese Government on the various environmental permits, consents and licences required to construct and operate the proposed nuclear power station at Hinkley Point C;

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• A major corporation on liabilities for the storage of nuclear waste;

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• A major international company on the environmental issues relating to the acquisition of a copper mine in Wales;

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•  A major company on the international rules governing a contract for the transfrontier shipment of waste from a middle eastern country to another continent;

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• Agilitas Partnership on regulatory issues relating to the acquisition of waste businesses;

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• AMEC PLC on environmental/regulatory and real estate issues involved in the operation of a waste management facility;

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• Several companies on sales and acquisitions of businesses in the oil and gas and infrastructure sectors;

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• Several companies on the regulation of off-shore oil and gas installations and pipelines;

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• A major oil company on the relevant environmental legislation affecting offshore oil exploration in the marine area adjacent to a west African state;

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• A major global corporation on the possibilities of climate change litigation;

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• A major global corporation on a carbon capture and storage project in the North Sea;

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• A Japanese car manufacturer on securing an exemption under European environmental legislation which enabled the company to continue production of a car type on an economic basis;

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• National Grid on:

  • Liability for contaminated land sold before privatisation. His advice resulted in victory for the company in a major court decision by the House of Lords;

  • Liability issues relating to contaminated former gasworks sites generally;

  • Acting as legal adviser to the Working Party on the Remediation Permit and contributing to its report “The Remediation Permit – Towards a Single Regeneration Licence” which was submitted to DEFRA in October 2002. Subsequently he was appointed as a member of a Government Working Party to advise the Government on the issue. This initiative was partly responsible for the introduction of the Environmental Permitting Regulations.  In the light of concerns about the impact of waste management legislation on the redevelopment of brownfield sites, he worked with the Environment Agency and others to produce revised guidance on when contaminated soil is waste;

  • a successful appeal against a refusal of surrender of a waste management licence, as a result of which the Environment Agency changed its interpretation of the relevant legal provisions;​

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• A major telecommunications company on all environmental issues affecting the company’s operations, including relating to their portfolio of store sites. He has also advised the company generally on environmental issues including:

  • Waste management operations, including whether legacy equipment is/is not waste, legal requirements relating to the movement of hazardous and non-hazardous waste and the development of an electronic waste tracking system;

  • Product stewardship – compliance with relevant legislation, (including post Brexit) and liaising with regulators;

  • Nuisance claims – noise, smells, tree roots and flooding;

  • Pollution incidents, including whether to report to regulators;

  • Energy related issues, including the Medium Combustion Plant Directive, ESOS and the Energy Performance of Buildings Regulations;

  • Climate Change – persuading the regulator to accept an interpretation of the CRC Energy Efficiency Scheme Order which saved the company over £11m;

  • Environmental Information Regulations –  successfully resisting arguments that the company is a ‘public authority’ and therefore obliged to provide environmental information;

  • Nature conservation – all issues concerning bats, birds and plants on the company’s premises, including when necessary work can be carried out during the bird nesting season; navigating the Habitats Regulations to facilitate installing infrastructure in Special Areas of Conservation.

  •  Contaminated land – interpreting a 60 page indemnity relating to liabilities for the remediation of contaminated sites;

  • ISO 14001 certification.

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• Cyclife on the management of radioactive waste and compliance with the environmental permit

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• Tesco on environmental issues relating to their portfolio of store sites. He has also advised the company generally on environmental issues including:

  • Gerrards Cross (redevelopment following the collapse of the rail tunnel) - waste management questions (including negotiations with the Environment Agency), air quality and noise abatement issues, including negotiating a ‘Section 61’ noise consent;

  • the requirement for an environmental permit for the storage of radioactive waste (old fluorescent lights);

  • whether returned goods which are to be shipped abroad for checking and resale are waste.

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• Church Commissioners on their liability for remediating a contaminated site designated under the contaminated land legislation including negotiating with other potentially liable parties and the Environment Agency;

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• English Partnerships on environmental issues relating to the disposal of the Dome and Greenwich Peninsula and on the acquisition of a major contaminated site at Barking Reach;

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• Cool Earth Action with regard to the setting up of a project for the preservation of the tropical rainforest in Brazil, the implications in terms of climate change and, especially, the Kyoto clean development mechanism;

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• Thames Water on a prosecution involving the strategically important issue of the criminal liability of sewerage undertakers for sewage escapes under waste management legislation and a civil claim for damages for pollution of one of their water sources which was settled successfully;

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• Many companies on prosecutions for environmental and health and safety issues including water pollution, waste issues, environmental permit breaches, noise and non-compliance with asbestos legislation.