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Operational change

We provide advice on environmental law throughout the lifecycle of a project or the operational phase of a facility and through to the decommissioning phase.

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Clients will often need support when embarking on a new project, taking on operations at a new site or changing the way in which an existing permitted site is operated.

We provide support to consultants or technical teams in ensuring that the relevant permits are obtained or varied to allow continued operation of the site.

Once a site has ceased operation there is a decommissioning phase either to make the site safe or to prepare it for continued use. We can advise on all aspects of ensuring that this phase is compliant and delivers the best value for the client.

There are occasions during the operation of the plant when there is an interaction with the regulators, because an environmental permit needs to be surrendered or varied.

Regulators will also seek to take enforcement action or change the regulatory position at the site by, for example, serving notices on an operator. We can advise on notices and take appeal processes through relevant courts and tribunals when necessary.

Services

New permits or applications to vary

We work with consultants and technical advisers to provide a legal review on applications for new permits or licences or to vary existing ones.

Decommissioning of existing sites

We advise on the decommissioning if existing industrial sites, particularly in relation to the surrender of licences and permits, to ensure that value can be created and environmental risks minimised.

Engagement with regulators

We advise on engagement with regulators throughout the operation of sites, particularly when there are issues with the interpretation of permit or licence conditions.

Regulatory enforcement and appeals

We have considerable experience in defending enforcement action by regulators and running appeals against regulatory notices, advising on all stages of the process through the relevant court or tribunal.

Our team

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Key Contact

Michael Barlow Partner View profile

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Ian Truman Partner View profile

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Victoria Barnes Senior Associate View profile

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Lisa Mulholland Associate View profile

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Philippa Shepherd Solicitor View profile

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Annalise Slocock Solicitor View profile

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Examples of our work

National charity

Advised on the appeal of conditions applied to several abstraction licences by Natural Resources Wales.

Energy company

Advised on the decommissioning of a coal-fired power station and the redevelopment of the site as a mixed-use development.

UK subsidiary of a multi-national manufacturing company

Advised on the amendments to its environmental permit as a result of the Medium Combustion Plants Directive.

Manufacturer of sporting equipment

Advised on the appeal of an abatement notice served on the basis of statutory noise nuisance from its factory.

Multinational manufacturing company

Advised in relation to a new waste technology to be introduced into the UK, in particular on the end-of-waste status of various end products and a submission to the Environment Agency’s end-of-waste panel, as well as environmental permitting issues.

Local authority

Advised on potential liability under the Contaminated Land Regime in relation to a closed landfill and the strategy to minimise the risks of such liability together with negotiations to share ongoing monitoring and management costs with the current owner of the landfill.

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