Environmental Law Conference: An Essential Guide to Current UK & EU Developments
- Date 11 December 2013
- Time 09:30 - 17:15
- Location London
- Full venue address Venue to be confirmed 14 days prior to the course date London United Kingdom
- CPD Hours 6
£500 + VAT
Subscribers to the MBL Season Ticket scheme are entitled to 25% discount.
- Event type Conference
The panel of leading environmental law experts will deal with the following important current developments, amongst others:
* The new Statutory Guidance on contaminated land
* The implications of the huge variations in the way in which member states have implemented the Environmental Liability Directive
* The 'Waste Oils to Fuel Oil' protocol
* The complex and often confusing environmental permitting regime
* EU and UK drivers for increased energy efficiency
* The Habitats and Birds Directives and the proposed EIA Directive
What You Will Learn
This Conference will cover the following topics:
9:30am - 10:15am: Land Contamination - Where are we Now?
Andrew Wiseman, Stephenson Harwood
There have been significant changes in relation to Part 2A and the planning regime. The costs of remediating Contaminated Land is increasing, clients are becoming more aware of the risks and this impacts on all property transactions and redevelopment.
* The new Statutory Guidance - what do the changes really mean?
* The new 4 category test explained
* Relationship between the NPPF, local guidance and land contamination
* Impact on transactions, precedents and liability
* Where next?
10:15am - 11:00am: Implementation and enforcement of the Environmental Liability Directive
Valerie Fogleman, Stevens & Bolton
Implementation and enforcement of the ELD across the EU has resulted in a patchwork of legislation to prevent and remedy environmental damage. The huge variations mean that companies must carefully consider the legislation transposing the ELD in individual Member States due to significant differences between that in other Member States. Differences include thresholds of liability, number of competent authorities, and extent of strict liability.
* Similarities and differences in legislation transposing the ELD between Member States
* Effect of existing national law on implementation and enforcement
* Incidents under the ELD
* The future of the ELD
11:15am - 12:00: End of Waste - The Final Conflict
Professor Vincent Brown, Strathclyde University Law School
In this presentation, Vincent Brown will analyse the end of waste criteria and the tensions between the UK and EU, both in legal terms and from the practical technical perspective of industry. In particular, he will address:
* The progress and outcomes from the Commission/UK 'dialogue'
* The critical points of law at stake and how these should shape EU and Member State law in the coming years
* The wider Treaty and EU backdrop, and interaction with other EU directives
* Implications for industry - with examples of End of Waste battles 'from the front' and how these illustrate the key legal issues
12:00 - 12:45pm: Environmental Permitting
Andrew Waite, Keystone Law
This session will consider the main aspects of the environmental permitting system now embodied in the Environmental Permitting (England and Wales) Regulations 2010 as amended. The system is complex and sometimes confusing as it draws together a number of different regimes which impose a consent requirement before an activity is carried out. However, it does achieve a unified permitting system. The session will cover:
* Implementing IPPC
* BAT, ELCs and EQS
* Permitting procedures, appeals and revocation of permits
* Suspension and enforcement notices, offences
* Variation of conditions
* Standard rules
* Industrial Emissions Directive and other Directives implemented through environmental permitting
12:45pm - 1:00pm: Questions on Morning Session
2:00pm - 2:50pm: Environmental Impact Assessment and Habitats
Richard Harwood QC, Thirty Nine Essex Street
Environmental Impact Assessment is intended to improve the quality of, and public involvement in, decision making. Yet the scope and operation of EIA provokes a continuing stream of litigation. The Habitats and Birds Directives protect sensitive sites, many of which are close to urban areas and proposed development.
* Screening case law
* Mitigation, cumulative impact and the meaning of project
* Applying the Habitats tests
* Proposed EIA Directive
2:50pm - 3:40pm: Regulatory and Private Pollution Controls
Gordon Wignall, No5 Chambers
This part of the conference will seek to spotlight contemporary developments in criminal, civil and administrative areas relevant to the control of potentially polluting activities not dealt with by other speakers, closing with the question whether the Aarhus Convention can be relied upon in the Courts.
* Private and public nuisance: the current position
* Recent statutory nuisance cases
* Update on recent criminal sentencing guidance - non-criminal sanctions
* Aarhus and its application in planning and environmental appeals
3:55pm - 4:45pm: Energy Efficiency: To 2020 and Beyond
Ross McDowall, Pinsent Masons
The reduction of energy use in commercial operations and building stock is one of the key planks of the UK's strategy to tackle climate change. The UK government's framework for promoting energy efficiency includes a number of levers which developers and lawyers need to be aware of to ensure not only that they are compliant with the law, but also so they are able to take advantage of the opportunities available to promote the green economy.
* EU and UK drivers for increased energy efficiency
* Energy efficiency of building stock: sticks and carrots
* Capping energy consumption
* Has progress been made?
4:45pm - Close: Questions & Answers
Speakers: Chairman: Andrew Wiseman is head of Stephenson Harwood's environmental law team. He is a past chair of the UK Environmental Law Association. He is listed in the Chambers Guide to Legal Profession as one of the country's leading environmental lawyers. Vincent Brown is Visiting Professor of Environmental Law at Strathclyde University Law School, Glasgow and a dual qualified solicitor who advises industrial corporations across the UK. Vincent is Principal of his own specialist EU and UK Waste & Environment Law Practice, Vincent Brown Associates. Valerie Fogleman is a Consultant at Stevens & Bolton LLP and Professor of Law at Cardiff University School of Law. She has practiced environmental and insurance law for over 25 years and is listed as a leading environmental lawyer in the Directories. She is an Honorary Member of the RICS and Vice Chair of the Planning and Environment Committee of the City of London Law Society. Richard Harwood QC specialises in planning, environmental, parliamentary and public law at Thirty Nine Essex Street Chambers. He has appeared in numerous EIA and Environmental cases. As case editor of the Journal of Planning and Environment Law, he has written Historic Environment Law (Institute of Art and Law, 2012) and Planning Enforcement (Bloomsbury Professional, 2013). In 2011 he was awarded Environment/Planning Junior of the Year. Ross McDowall is a Legal Director in Pinsent Masons' Planning and Environment team. As he is dual qualified in Scotland and England he advises across the UK in relation to all aspects of property, planning and environmental law, with particular expertise in contaminated land, waste management, environmental permitting and planning agreements. Andrew Waite is a Consultant Solicitor with Keystone Law. He is widely experienced in Environmental Law, with a substantial practice in the area of contaminated land, waste management, water, noise and pollution control law, as well as climate change, nature conservation issues and environmental liabilities. He is the co-author of Environmental Law in Property Transactions, 3rd ed (2009) and the editor of the forthcoming Environmental Law Handbook 4th edition. Gordon Wignall is a barrister specialising in complex environmental disputes, especially waste and pollution cases in all forums. He has particular experience in actions involving the recycling industry, landfill sites, quarries, fires, flooding and racing circuits. Current specialities include advice and advocacy under the Permitting Regime in the administrative courts and in waste planning cases. He has a long history of involvement in private and public nuisance cases including multi-party actions.
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