09 May 2012
In this briefing, we consider two recent judgements on the responsibility of parent companies for the liabilities of subsidiaries and the trigger for cover under employer liability insurance for mesothelioma claims. We also review the Control of Asbestos Regulations 2012 and comment on the Health and Safety Executive’s approach to enforcement in the asbestos area.
16 April 2012
The contaminated land regime contained within Part IIA of the Environmental Protection Act 1990 will be familiar to many in-house lawyers across a wide range of businesses with operations which may have an impact upon land they occupy in the UK. Long-awaited changes to the regime have now been put forward to both Westminster and the National Assembly for Wales, and these changes are likely to generate renewed activity by the regulators.
16 April 2012
Our latest issue of Carbon Law - to help you keep up to date on key climate change and emissions trading issues.
28 March 2012
The NPPF was first published in draft in July 2011 for consultation, and the purpose of this briefing is to set out the key changes that have been made to the final version, and to consider what the much scrutinised wording will actually mean to those navigating the planning system.
20 March 2012
Yesterday the Court of Appeal handed down its judgment in the test case of Barr & ors v Biffa Waste Services Ltd and reversed the landmark judgment of the High Court that compliance with an environmental permit could defeat a claim in nuisance. Our briefing looks at this decision in more detail.
14 March 2012
The Government's widely anticipated water white paper ‘Water for Life’, released in December last year, set out Defra’s vision for future water management. This article provides an overview of the important changes proposed in the white paper, then focuses on the changes to the water abstraction regime and highlights the implications of changes in this area for businesses.
07 March 2012
Long-awaited changes to the Contaminated Land Regime in England and Wales under Part IIA of the Environmental Protection Act 1990 became a step closer recently with the release of legislation and revised statutory guidance.
17 February 2012
Where next for renewable energy projects? Recent changes have caused uncertainty in the renewables market and questions have been raised as to whether viable renewable energy projects can be developed in the current financial climate.
12 January 2012
The latest edition of our Environment and Energy Law newsletter, bringing you news and updates on a wide range of issues.
23 December 2011
On Wednesday 21 December 2011 the European Court of Justice ruled that the application of the EU Emissions Trading Scheme to airline operators flying in and/or out of the EU was lawful.
21 December 2011
The White Paper sets out Defra’s vision for future water management. This alerter discusses some of the key proposals set out in the White Paper and looks at the timings for implementation. It is relevant to anyone with an interest in water and water management issues.
12 December 2011
The recent prosecution of Marks & Spencer plc following its failure to properly manage works involving asbestos during refurbishment at two of its stores serves as a timely reminder to all those who are involved in the management of premises. Amongst other duties, they must consider the dangers asbestos poses when disturbed and the control measures which are necessary to deal with it safely and in compliance with the law.
07 December 2011
The aviation industry will come within the EU Emissions Trading Scheme from 1 January 2012. Airlines would be well advised to grab this particular nettle and deal with risk and cost management in the context of the EU ETS, by implementing appropriate emissions trading strategies. We have prepared a detailed briefing note on the subject.
30 November 2011
In March 2011, the government asked Professor Ragnar Löfstedt to carry out a review of health and safety regulations. The aim was to identify opportunities to simplify the legislation, thereby reducing the “health and safety” burden on businesses and individuals. Both the report and the government’s response were published on 28 November 2011.
16 November 2011
A conference paper on the legal regimes for the control of odour emissions. This paper was initially delivered at the 16th European Biosolids & Organic Resources Conference on 16 November 2011.
18 October 2011
Legislative drivers and market demands have transformed waste management from a disposal at the lowest price operation to a sophisticated global resource (materials/energy) trading organisation. While the market continues to develop, legislation will continue to drive and encourage the transition towards the environmentally sound management of wasted resources.
29 September 2011
The latest edition of our Environment and Energy Law Newsletter.
20 September 2011
Police and other authorities can now be prosecuted following deaths in custody in England, Scotland and Wales.
26 August 2011
Every employer needs to know whether a step is Reasonably Practicable in order to avoid potential criminal liability under s2 and s3 of the Health and Safety at Work Act. Two recent cases have reaffirmed the law that the test of reasonable practicability in low risk businesses is one of proportionality between risk and cost not the commonly recommended consideration of Gross Disproportion.
18 July 2011
In April the high court handed down a landmark judgment on the interaction between the environmental permitting regime and private nuisance. This article provides a quick refresher on its key principles as background to the Barr judgment.
08 July 2011
On 6 July 2011 the Department for Environment, Food and Rural Affairs (Defra) and the Welsh Government published their review of Ofwat and arrangements for consumer representation.
01 July 2011
Energy companies and developers are used to protracted arguments and disputes. Persistent opponents to a renewables project can seek to limit or disrupt the operational phase using the law of nuisance.
01 July 2011
On 30 June 2011, the Department of Energy and Climate Change (DECC) outlined its proposals to make the CRC Energy Efficiency Scheme (CRC) easier and simpler for businesses.
20 June 2011
The effect of health and safety legislation is increasingly being felt by the energy sector, and particularly the alternative energy sector as it has expanded into larger projects over the past few years. This article discusses some of the developments and implications that will be of interest to general counsel advising boards on liability and corporate governance.
03 June 2011
The recent fine levied on EPR Ely Limited following a fatal accident in 2008 highlights some key issues for anyone involved in biomass operations.
03 June 2011
The first organisation in England & Wales has been fined under the Corporate Manslaughter and Corporate Homicide Act 2007 and subsequently failed to win a right to appeal against the conviction and £385,000 penalty.
13 May 2011
DEFRA released a consultation yesterday inviting views on four alternative options they could use to introduce carbon reporting for businesses. This consultation will be relevant to your business if it is a quoted company, a large company or has at least one half hourly meter and consumes more than 6,000 MWh of qualifying electricity per year.
13 May 2011
Major projects, such as energy generation stations or waste treatment plants, can meet with fierce opposition, often on environmental grounds. This article seeks to provide some practical advice on the steps that can be taken to minimise the risks and protect against challenges.
05 April 2011
The latest edition of our Environment and Energy Law Newsletter.
22 February 2011
Recent newspaper reports have indicated that the Office of Janez Potocnik, Europe's Commissioner for the Environment has promised an investigation into the disposal of waste from train sinks and sanitary conveniences onto Britain's railway tracks.
21 January 2011
In December 2010 DEFRA published its long awaited proposals for amendments to the Contaminated Land Regime in England and Wales under Part 2A Environmental Protection Act (CLR). The consultation has followed a series of informal discussions with over 150 stakeholders, which according to Government has revealed a widespread view within the sector that the statutory guidance which underpins the regime needed to be updated.
01 December 2010
The latest edition of our Environment and Energy Law Newsletter.
27 August 2010
This briefing looks at the recent Court of Appeal judgment in Lambert v Barratt Homes on legal liability for flooding.
26 August 2010
Have you complied with the September 2010 registration deadline?
26 July 2010
This article examines the ‘green’ agenda of the new ‘blue/yellow’ coalition government, and assesses what this marriage of political ideologies might mean for the energy and environment sectors over the coming years.
14 June 2010
Waste batteries, and accumulators, environmental regulation and supply chains: the big picture.
14 June 2010
The CRC Energy Efficiency Scheme Order 2010 has now been published and is in force. The final publication of the Order follows several rounds of Government consultation, and now provides organisations with the certainty required to evaluate whether their particular organisation is covered by the Scheme, to what extent, and if so, what now needs to be done.
14 June 2010
Our latest update on developments in the arena of nuclear law, along with news of Burges Salmon's recent involvement in nuclear related projects and transactions.
11 June 2010
The Department of Energy and Climate Change (DECC) recently published a consultation regarding the grandfathering policy of support for dedicated biomass, anaerobic digestion and energy from waste under the Renewables Obligation.
11 June 2010
2010 will see some critical challenges in the development and implementation of the REACH and CLP Regulations and the
RoHS Directive.
11 June 2010
The Flood and Water Management Act 2010 will have significant implications for landowners, developers, the water industry, local government, the Environment Agency and the wider business community.
28 May 2010
What a nuisance! Key environmental cases from the past year.
23 April 2010
A review of 4 key developments in regulation shake-up
01 April 2010
The Environment Agency and Natural England will have a range of new civil sanctions at their disposal from 6 April 2010. These new civil sanctions increase the options available to these regulators when determining the enforcement response to an number of existing environmental offences. Business leaders, in house legal teams, environmental managers and environmental consultants will all need to understand the new sanctioning regime and the impact that the new regime may have on their operations.
16 March 2010
Access all areas - how safe is your commercially sensitive environmental information?
15 February 2010
2010 will see some very significant milestones in the implementation of REACH and the related EU Regulation on Classification, Labelling and Packaging of Chemical Substances (CLP Regulation). However, formidable difficulties must be overcome before many firms can be confident that they are managing the response to this new legislation fully and effectively.
30 November 2009
The government is planning to overhaul the current suite of Exemption Orders under the Radioactive Substances Act 1993, revoking all existing Exemption Orders and replacing them with one conditional Exemption Order. Click on the link to read more.
30 November 2009
New regulations which came into force on 30th October 2009 will potentially have direct and significant impacts on discharges of radioactive substances to groundwater. Click on the link to read more.
10 November 2009
REACH expert William Wilson breaks down the key features of the legislation, the steps that need to be taken to ensure compliance, and the implications it will have on aviation. This article first appeared in UBM Aviation’s publication Aviation and the Environment.
10 November 2009
This update provides further information on Direct Power Purchase Agreements (PPA) and their benefits for generators, consumers and suppliers.
10 November 2009
This article gives an overview of the Nuclear National Policy Statement (NPS) and associated documents were published on 9 November 2009. The nominated sites included in the NPS are Bradwell, Braystones, Hartlepool, Heysham, Hinkley Point, Kirksanton, Oldbury, Sellafield, Sizewell and Wylfa.
10 August 2009
A joint seminar, with Ecofys, looking at various issues for the Public Sector which are driven by Emissions Reports.
07 August 2009
The forthcoming introduction of the carbon reduction commitment (CRC) will have a substantial impact on property owners, occupiers, funders, developers and investors.
Learn more about the practical implications of CRC and how it will affect properties and businesses.
22 July 2009
The UK is undertaking a new breed of energy project in what can be a hostile environment. The situation in respect of applicable health and safety laws is not and currently there is a regulatory "gap" for offshore renewables projects situated outside territorial waters.
17 July 2009
This briefing explains what the proposals in the draft Flood and Water Management Bill might mean for developers. The proposal will end the automatic right for surface water from new developments to connect into the sewerage system. The intention is to promote the use of sustainable drainage systems 'SUDS'.
01 July 2009
Julian Boswall explains the role the planning system plays in implementing renewable energy projects which will be essential in the UK’s drive to meet its electricity needs. This article first appeared in Solicitors Journal.
01 May 2009
The first prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 has been announced by the CPS.
14 April 2009
Following protracted negotiations, the European Council adopted the new Waste Framework Directive (WFD) in October 2008. The WFD must be fully implemented into UK law by December 2010. This article explains all the changes.
04 September 2008
Combining the experience of our Real Estate, Planning, Environment and Construction teams we are ideally placed to offer developers advice that addresses the many issues surrounding regeneration and sustainability. We have, for several years, acted for clients who are at the forefront of these developments.
07 March 2008
This briefing is in response to the "Consultation Paper on Sentencing for Corporate Manslaughter". The consultation also includes sentences for breach of health and safety laws that result in death as well as corporate manslaughter.
27 June 2007
Applying the REACH (Registration, Evaluation and Authorisation of Chemicals) Regulation will be a massive task for businesses and their supply chains. In this article William Wilson and Andrij Jurkiw give some practical advice on actions needed in the next year.