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Environmental incidents and litigation

Our Environmental Incidents and Litigation practice provides comprehensive legal services to clients facing environmental investigations and challenges. Our team of experienced lawyers is well-versed in navigating the complexities of environmental law, giving our clients the highest level of representation and guidance.

Breaches of UK environmental law can lead to significant criminal liabilities, putting even the most diligent organisations at risk.

Our environmental incidents and litigation team is well-equipped to assist businesses during regulatory investigations, enforcement proceedings and prosecutions by UK environmental agencies.

We offer structured, project-managed support with clear, effective advice, helping clients navigate the nuances of regulatory matters. Early engagement allows us to guide clients through the legal process, aiming to avoid prosecutions where possible through alternative resolutions such as warnings, civil sanctions and enforcement undertakings.

We work closely with our health and safety lawyers, to advise on matters involving multiple regulators and issues such as the preparation of procedures for notifying environmental and health and safety incidents.

Our environmental disputes lawyers are also experienced in litigation and dispute resolution. We represent clients in a wide range of matters, including climate change liability and greenwashing, collective and class actions, nuisance and flooding claims, regulatory appeals, information rights and environmental judicial reviews. Our clients span from multinational and national companies to local and public authorities and private individuals.

Our environmental disputes lawyers combine experience in litigation and dispute resolution with a deep knowledge of environmental law and the environmental regulatory regimes to secure the best outcomes for our clients.

Alongside our environmental litigation expertise, we also advise on other methods of environmental dispute resolution, including arbitration and mediation.

From regulatory investigations to environmental dispute resolution, our environmental incidents and litigation team ensure comprehensive support and guidance.

Services

Incident response

Offering crisis management to protect clients and businesses and support staff during environmental incidents. Coordinating engagement with regulatory agencies and emergency response teams and assessing legal liabilities and impacts.

Regulatory investigations

Providing support during investigations to manage engagement with regulatory agencies and coordinate evidence collection and retention effectively and maintain control.

Interviews under caution

Representing businesses during formal interviews to safeguard legal interests and strategy.

Civil sanctions and enforcement undertakings

Negotiating alternative resolutions, such as enforcement undertakings, to avoid prosecution.

Statutory environmental appeals and inquiries

Representing clients in appeals against regulatory decisions, including permits and enforcement notices.

Environmental nuisance litigation

Handling disputes related to noise, odour, dust and contamination issues.

Climate change liability and greenwashing

Advising on litigation risks and acting in proceedings.

Environmental judicial review

We challenge decisions of governments or regulators through administrative law.

Environmental warranty and indemnity claims

Managing claims arising from corporate and real estate transactions.

Flooding disputes

Defending civil claims and policy challenges related to flooding and property damage.

Examples of our work

Technology multinational

Representing a multinational technology corporate in connection with an Environment Agency investigation following an extensive pollution incident, providing full incident response support and successfully guiding the corporate through remediation operations and the Environment Agency’s investigative and enforcement processes.

Operator of a biogas facility

Advising the operator of a biogas facility on an investigation by the Environment Agency into permit compliance, avoiding the prosecution of the company through acceptance of an enforcement undertaking.

UK Manufacturing business

Advising and representing a manufacturing company on the appeal of an abatement notice served in respect of alleged statutory noise nuisance, supporting the company through the Magistrates’ Court process.

Landowners

Acting for landowners in compensation claims for flood damage caused by drainage schemes, highways improvement and maintenance, and development or change of land use on neighbouring property.

UK waste treatment business

Represented a UK waste treatment business in a successful appeal to the UK Secretary of State, preventing the publication of sensitive environmental information potentially impacting commercial interests.

Verification and assurance organisation

Advising a verification and assurance organisation on new product labels that included a range of environmental claims to assess whether the proposed claims posed any UK greenwashing compliance risk.

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What others say

“The team in Bristol is excellent at environmental litigation, with a breadth and depth of experience not available in any other firm – covering civil and criminal litigation, and regulatory and public law matters.”

Legal 500 UK 2024

“The Burges Salmon environmental litigation team is perhaps the best in England for this kind of work. They’ve got real experts, with the backing of a good firm to resource litigation matters when the work needs extra lawyers brought in.”

Chambers UK 2024

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