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Environmental Litigation Publications

20 March 2012

Barr v Biffa - Court of Appeal judgment handed down

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.

12 January 2012

Environment and Energy Law - January 2012

The latest edition of our Environment and Energy Law newsletter, bringing you news and updates on a wide range of issues.

18 July 2011

In-House Lawyer article - July/August 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.

01 July 2011

Challenges to renewables projects in the operational phase: nuisance actions

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.

22 June 2011

Barr v Biffa: is permit compliance a defence to nuisance actions?

In this update, we consider the recent case of Barr and others v Biffa Waste Services Limited, where the Technology and Construction Court dismissed a claim in private nuisance by 152 households for odour pollution from a landfill site because the operator was complying with the terms of its environmental permit and was not operating in a negligent manner.

05 April 2011

Environment and Energy Law - April 2011

The latest edition of our Environment and Energy Law Newsletter.

01 December 2010

Environment and Energy Law - December 2010

The latest edition of our Environment and Energy Law Newsletter.

27 August 2010

Land Development and liability for flooding

This briefing looks at the recent Court of Appeal judgment in Lambert v Barratt Homes on legal liability for flooding.

28 May 2010

In House Lawyer article - May 2010

What a nuisance!  Key environmental cases from the past year. 

12 February 2010

Legal responsibility for flooding

This briefing looks at the traditional ways in which a party can be liable for causing flooding to another (the traditional approach). It will also address the legal basis for claims arising as a result of climate change (climate change litigation).