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Environmental Law

David has a wide-ranging environmental law practice. He frequently advises on, and appears in cases relating to, all aspects of EIA, SEA, the Habitats Directive and the Birds Directive. David is currently advising the Government in relation to infraction proceedings in the Court of Justice of the European Union.

Significant environmental law cases in which David has appeared include:

  • R (DC21 Ltd) v. Secretary of State for Communities and Local Government – counsel to the Secretary of State in successful defence of challenge to the written ministerial statement on onshore wind policy, which implemented an important election manifesto pledge.

  • R (FCC Environment (UK) Ltd) v. Secretary of State for Energy and Climate Change [2015] EWCA Civ 55, [2015] Env LR 22 – counsel to the Secretary of State in challenge to the compatibility of special parliamentary procedure with the EIA Directive.

  • R (Greenpeace) v. Secretary of State for Energy and Climate Change – acted as junior in successful defence of the Secretary of State’s National Planning Statement on the construction of new nuclear power stations.

  • City and District of St Albans v. Secretary of State for Communities and Local Government [2009] EWHC 1280 (Admin), [2010] JPL 70 – challenge to the East of England RSS on SEA grounds.

  • R (on the application of Davies) v. Secretary of State for Communities and Local Government [2008] EWHC 2223 (Admin) – EIA, publication and consultation on additional material produced during an inquiry.

  • R (on the application of the Noble Group) v. Thanet DC [2005] EWCA Civ 782, [2006] Env LR 8 – EIA, screening and collateral challenges.

David has a particularly busy advisory practice in the environmental sphere, which includes environmental issues relating to nuclear power stations, fracking, offshore oil and gas, waste and recycling issues for local authorities and responses to requests under the Environmental Information Regulations regime. He regularly advises in relation to SEA, Habitats and Birds Directives issues.

As well as practising in this area, David edits (with David Elvin QC) those parts of the Planning Encyclopedia dealing with EIA, SEA, Habitats and Birds Directives, as well as validity, human rights and EC law. He is the author of the chapter on access to environmental information in Banner, The Aarhus Convention: A Guide for UK Lawyers (2015), Hart. He is a member of UKELA.