Waste

Overview

Landmark’s barristers are at the forefront of many aspects or waste planning, permitting and enforcement and are regularly instructed to act for and advise operators, the Environment Agency and other interested parties.

In addition, members advise and act on cases involving property related issues in the waste field.

Members of chambers of all seniorities have expertise on all aspects of waste law.

A particular strength is in major waste infrastructure projects including energy from waste. Recent examples include:

• Northacre, Wiltshire
• Javelin Park, Gloucestershire
• Ineos, Runcorn
• Ardley, Oxfordshire
• Portland, Dorset (ongoing).

Landmark barristers have appeared in many of the leading domestic cases on waste including

• BACI Bedfordshire Ltd v Environment Agency [2019] EWCA Civ 1962 – challenge to environmental permit for EfW plant
• R(Protreat Ltd) v Environment Agency [2018] EWHC 1983 (Admin) – whether Agency obliged by Directive 2008/98 to issue guidance regarding “end of waste” status of products of re-refined waste lubricating oils
• OSS v Environment Agency litigation – on the classification of fuel oils produced from waste material
• R. (on the application of Tarian Hafren Severn Shield Cyf) v Marine Management Organisation [2022] P.T.S.R. 1261 – application of Waste Framework Directive to deposit of dredged material from construction of Hinckley Point-C
• Litigation following the revocation of Liverpool and Manchester PFI contracts for the provision of EfW capacity in the north-west.

Landmark barristers have also appeared in a number of the leading Luxembourg waste cases including:

• Case C-252/05) R (Thames Water Utilities Ltd) v Bromley Magistrates’ Court, European Court of Justice [2007] E.C.R. I-3883
• Case C-188/07 Commune de Mesquer v Total France SA [2008] E.C.R. I-4501
• Case C-176/05 KVZ retec GmbH v Republik Österreich [2007] Env. L.R. D14.