Brachers joins lively debate on the future of the right of way
Brachers’ Environment team has considerable experience of advising clients on how all aspects of European and domestic environmental legislation affects their business. All members of our team are active across a range of industry groups including the UK Environmental Law Association (UKELA), meaning that we are in regular contact with legislators on proposed environmental law changes.
We offer local market knowledge across a wide range of industry sectors including waste, energy, transport, construction, real estate, public sector and manufacturing. Environmental law is having an increasing impact on business and Brachers can provide the specialist advice required in order to successfully navigate throughout the often complicated legal landscape. The regulation and enforcement of environmental law is undertaken by a range of public bodies including the Environment Agency and local councils.
We have experience of dealing with regulators at all stages of the process, from applications for environmental permits through to defending enforcement proceedings and prosecutions. We advise businesses operating commercial and industrial sites on issues such as statutory nuisance, pollution control and environmental permitting. We have developed a particular specialism in advising businesses from the waste sector, which is particularly heavily regulated under the Waste Framework Directive.
Brachers has assisted clients in defending prosecutions in the Magistrates Court and the Crown Court for offences under the Environmental Protection Act 1990 and the Environmental Permitting Regulations 2010. Involving issues such as the unlawful deposit of controlled waste or breaches of environmental permit conditions at landfill operations. We also have experience of defending noise abatement notices under the Environmental Protection Act and also odour prosecutions under the same legislation.
We advise land owners and developers on environmental law as it affects them. This includes the contaminated land regime as well as laws which impose requirements for the protections of habitat and certain species of flora and fauna. These issues can impact upon anyone buying commercial land or land for redevelopment or acquiring a business which has land assets.
As such we work closely with Brachers’ Commercial Property team on site acquisitions and disposals and our Corporate team concerning business sales. In particular we advise on the drafting of environmental warranties and indemnities and the need for insurance cover where relevant. Brachers has also acted for clients in judicial review cases in the High Court against decision of public bodies including the Environment Agency and local councils in the exercise of their statutory functions.
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