Environmental disputes

Increasing concerns over climate change and the need to preserve the natural environment has seen the introduction of a plethora of new legislation and regulation in recent times in what is already a highly regulated area. Our client base, which spans the commercial, agricultural, energy and waste and industrial sectors, know that whilst dealing with the many challenges they face in these tough economic times they can rely on the sound advice offered by the specialist environmental team at Thrings. Whether we are talking about land use issues (such as a proposed residential use of a contaminated brownfield site), waste management or water and air pollution, our specialist team can advise on the statutory requirements, extent of potential liabilities and relevant defences and assist with avoiding civil and criminal sanctions.

Thrings’ environmental team deals with both contentious and non-contentious matters. The team regularly advises on appeals against abatement notices (statutory nuisance), regulatory offences covering, amongst others, the environmental permitting regulations, producer responsibility obligations (waste packaging), controlled waste, water pollution and abstraction/impoundment. The team also advises on the recently implemented Civil Sanctions regime and the Environmental Damage (Prevention and Remediation) Regulations and remediation notices in connection with the contaminated land regime and judicial review involving environmental legislation.

The team advises on all aspects of Environmental Permits including statutory appeals on their grant, transfer, surrender, variation and appeals against revocation, variation, enforcement and suspension notices to the Planning Inspectorate.

On the non-contentious side, our expertise also covers environmental due diligence and environmentally sensitive sales and purchases. The environmental liability of contracting parties has become a fundamental concern for those involved in the use of land for a variety of commercial and industrial purposes, including mineral extraction. We advise on the negotiation and completion of agreements, indemnities and guarantees that clearly define the extent of that liability.

Our team works with leading businesses and land owners across various sectors, including agriculture, construction, energy and waste, quarrying and land resources and defence. Whether you’re assessing risks and challenges, being investigated by a regulatory body, facing a dispute or putting in place measures to prevent future issues, we can help. We have a proven track record across these disciplines, specialising in the practical matters that impact on your business.

Our clients include:

We can advise on:

  • Abatement Notice appeals
  • Defending environmental prosecutions
  • All aspects of Environmental Permits
  • Environmental due diligence
  • Environmentally sensitive sales and purchases
  • Environmental liability of contracting parties

Some examples of our work:

  • Advising on and representing clients in abatement notice appeals relating to noise, odour, insect & dust
  • Advising on and representing clients in relation to the Producer Responsibility Obligations (Packaging Waste) Regulations 2007
  • Successfully defending a prosecution brought by the Environment Agency alleging the unlawful deposit of controlled waste obtaining an award of costs out of central funds
  • Obtaining an absolute discharge for a substantial landowner charged with offences under the Environmental Permitting (England and Wales) Regulations 2010.
  • Environmental due diligence and works within the contaminated land regime on various redevelopment sites
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Alex Madden
Partner
Bristol
07766 517670
 

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