Environmental law

“‘Committed and proactive' team has litigation, regulatory and transactional expertise.”

The Legal 500 UK 2014
Blake Morgan's environmental law specialist lawyers provide practical experience and technical expertise on all contentious and non-contentious environmental and climate change issues. 

Main areas of practice 

We provide no-nonsense and realistic advice on the environmental aspects of acquisitions and disposals, financings, floatations and major projects. We will conduct:

  • Legal environmental due diligence and risk assessment
  • Appoint and supervise environmental consultants
  • Negotiate environmental warranties, indemnities and other contractual protection
  • Advise on risk management measures, including environmental insurance

If you think your business may have broken an environmental law, our environment experts will provide advice and, if it is appropriate, will help you to approach the regulator (e.g. the Environment Agency or Natural Resource Wales) to negotiate a solution that does not involve a monetary penalty. We will also advise and represent if you are being investigated, threatened with a civil sanction or prosecuted for breach of an environmental law.

We also frequently provide stand-alone advice to help clients to make commercial sense of existing and anticipated nationaland EU environmental laws, such as those which apply to environmental permits, carbon reduction (CRC) and chemicals registration (REACH). We also advise on cradle to grave compliance issues related to products and their packaging.

If a local authority is claiming that the activities of your business are causing a nuisance and is threatening it with restrictions, we can advise you, negotiate with the local authority and, if the local authority serves an abatement notice, handle an appeal to the magistrates court against the notice.

Organisations are often concerned about buying, developing or simply owning or occupying land which might be contaminated. With the help of technical consultants if necessary, we can help you to understand the real implications, to decide whether you have any obligations and if so to take steps to avoid receiving a notice requiring you to remediate the contamination.

If you are developing brown field sites we can prepare the remediation contracts.

Clients 

We work with a wide variety of clients including public authorities and businesses involved in construction, estate management, farming, food processing, leisure, manufacturing, property development, water supply and waste.

Significant experience

Blake Morgan’s environment law specialists have a wealth of experience across a wide range of environmental cases. They include:

  • Defending the holder of an environmental permit for an intensive farming unit in against a long running campaign conducted by local residents and the Environment Agency against smells allegedly arising from the unit.
  • Representing a water company on an appeal against an abatement notice arising out of an alleged nuisance caused by midges breeding in its water treatment reservoirs.
  • Advising a manufacturer of the implications of a process that randomly produced a by-product under investigation as a REACH  Substance of Very High Concern and monitoring regulatory developments world-wide.
  • Partnering a charity in the development of an environmental legal risks register for marinas.
  • Advising a food manufacturing business on how to manage its odour-producing processes in such a way as not to attract regulatory attention from the local authority.
  • Acting for a property development business on an appeal to an arbitrator against a penalty for failure to comply with the requirements of the CRC Order.
  • Drafting byelaws for an inshore fisheries and conservation authority under the Marine and Coastal Access Act 2009.
  • Advising a social housing provider upon the discovery of soil contaminated by benzene, a carcinogen, in tenants’ gardens.  Including remediation contract with main contractor, liaising with tenants and experts on public health issues.
  • Advising Hywel Dda Local Health Board on an estate-wide partnership with British Gas to reduce energy and resource savings including improvement measures, buildings management, and monitoring and reporting of KPIs. 

“Blake Morgan has a steady flow of work handling regulatory actions and advising on issues of contaminated land use. ”

The Legal 500 UK 2013

Related expertise

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