Home > Expertise > Environment > Environmental Impact Assessment

Environmental Impact Assessment

Landmark barristers have a wealth of experience in relation to environmental impact assessment, having provided representation at inquiries, in High Court challenges, the House of Lords, Supreme Court, and the European Court in matters raising the EIA regime. Barristers are able to provide advice in relation to all stages of the environmental impact assessment process (from screening, scoping and review of draft environmental statements through to litigation in the highest courts), and to all stakeholders (developers, decision-makers, and objectors).

At many of the inquiries at which Landmark barristers appear, the assessment of impacts upon the environment will be a significant feature. Barristers have experience of cross-examination on detailed points of environmental evidence.

A number of recent significant EIA cases have involved Landmark barristers, often for more than one party:

  • Dover DC v Kent CPRE [2018] 1 W.L.R. 108 (the requirement under the EIA to give reasons);
  • R (Buckinghamshire CC) v Secretary of State for Transport [2014] 1 W.L.R. 324 (EIA duties in the hybrid bill procedure);
  • R (FCC Environment (UK) Ltd) v Secretary of State for Energy and Climate Change [2015] Env L.R. 22 (EIA in the DCO context);
  • R (Champion) v North Norfolk DC [2015] 1 W.L.R. 3710 (EIA, habitats and the discretion to quash).

Landmark barristers have also appeared in the seminal cases in the EIA field in both the domestic courts and in Luxembourg:

  • R (Edwards) v Environment Agency [2009] 1 All E.R. 57;
  • R (Barker) v Bromley LBC [2007] 1 A.C. 470 and [2006] Q.B. 764;
  • Case C-508/03 Commission of the European Communities v United Kingdom [2006] Q.B. 764;
  • Case C-201/02 R (Wells) v Secretary of State for Transport, Local Government and the Regions [2004] E.C.R. I-723;
  • Berkeley v Secretary of State for the Environment, Transport and the Regions (No.1) [2001] 2 A.C. 603.
icon-accordion-chevron icon-arrow-left icon-arrow-right icon-chevron-down icon-chevron-left icon-cross icon-download icon-letter icon-linked-in icon-phone-outline icon-phone icon-search icon-search icon-select-chevron icon-top-right-corner icon-twitter