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Environmental Impact Assessment

Landmark barristers have a wealth of experience in relation to environmental impact assessment, having provided representation at inquiries, 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. Leading cases include:

  • R (Plan B Earth) v Secretary of State for Transport [2020] EWCA Civ 214;
  • R (Historic England) v Milton Keynes Council [2019] JPL 28;
  • R (Cairns) v Herefordshire CC [2019] Env. L.R. 6;
  • Norman v Secretary of State for Communities and Local Government [2018] EWHC 2910 (Admin);
  • Dover DC v Kent CPRE [2018] 1 W.L.R. 108;
  • R (Buckinghamshire CC) v Secretary of State for Transport [2014] 1 W.L.R. 324;
  • R (Champion) v North Norfolk DC [2015] 1 W.L.R. 3710;
  • 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.
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