Environmental Law

Businesses as well as individuals are all affected by environmental considerations.  Businesses cannot afford to ignore their responsibilities under the legislation.  Waste management is an area that is becoming increasingly important.  The construction industry particularly is very vulnerable to claims in respect of water pollution, land contamination and waste management – the pressure to develop brown field sites means that it will become more and more difficult to avoid claims from Local Authorities and the Environment Agency.  

Construction

Statistics from the Environment agency show that the construction industry continues to be one of this country’s worst polluters.  The construction industry has to deal with complex regulation to dispose of construction site waste, including often highly contaminated waste including asbestos.  The sites that can now take this waste are few and far between leading to increased costs of disposal. 

The Government is anxious to see brown field sites redeveloped but in doing this the contaminated land regulations mean that contractors and site owners/developers are at risk and could be held responsible to pay for the clean up costs if contamination is found to have escaped from the site.  The Environment Agency has sweeping powers and it is not afraid to prosecute offenders or claim reimbursement for clean up costs. 

Procurement

When tendering for projects contractors are inevitably requested to ensure that the materials they use are from sustainable sources.  Architects and Engineers are increasingly being asked to develop buildings with innovative designs which produce low emissions using new materials, all of which have the potential for professional negligence claims in the future. 

Silver Shemmings can offer advice in respect of claims made against contractors and land owners by the Environment Agency and local authorities as well as advising on professional negligence claims against construction professionals. 

Sarah Shemmings has many years experience in environmental and professional negligence law.  She was responsible for the leading case dealing with historic water pollution – Cambridge Water Company v. Eastern Counties plc – which went to the House of Lords.

To contact Sarah Shemmings click here.