Environmental Law

Expertise:

EU LAW

• Application of EU environmental law and policy in national law including representing parties before national courts and tribunals and the CJEU
• Environmental permit applications, statutory appeals and regulatory and enforcement actions
• Waste management
• Water legislation
• Horizontal legislation including the Habitats Directive; the Environmental Impact Assessment Directive; and the Environmental Liability Directive
• EU state aid environmental guidelines
• Enforcement proceedings by the European Commission against Member States (infraction proceedings) and inter-EU Member States disputes
• Brexit

Representative matters:

• General advisory work:
• advising privatised water and sewerage undertakers on the application of EU water legislation, waste legislation, Habitats Directive, and the Environmental Liability Directive
• advising a company on scope of application of the Environmental Impact Assessment Directive to development works, including demolition
• advising operators on application of the Renewables Directive to proposed UK withdrawal of subsidies for solar power generation
• advising water and sewerage companies on the exercise of statutory rights to connect into existing and future supply and service networks
• Actions before national courts and tribunals and the CJEU:
• representing farmers as regards the application of the “polluter pays” principle in the implementation of the Nitrates Directive in domestic law, before CJEU and domestic courts: ex p Standley Case C-293/97 (link)
• representing a farmer as regards differential treatment of EU agri-environmental regulations in England and devolved jurisdictions in the UK in CJEU: ex p Horvath Case C-428/07 (link)
• representing waste management companies in the “piggy-back” litigation for new landfilling operations
• acting in various arbitrations concerning the contracting out of local authority environmental responsibilities, including “cost pass through” disputes
• representing a company in various PFI profit-share adjudications and subsequent commercial court proceedings
• representing company and individuals in environmental warranty disputes concerning EU technical standards
• acting for various companies facing statutory and common law nuisance claims, including under Group Litigation Orders
• acting for a large land estate in respect of attempts by environmental regulator to shut down estate operations due to alleged infringements of Habitats Directive requirements
• Environmental permitting regime, and regulatory enforcement action:
• advising on the submission of technically complex environmental permit applications concerning EU surface waters, groundwater and water framework directives, and the Industrial Emissions Directive
• representing commercial operators and privatised water and sewerage undertakers in 1,000’s of appeals contesting rejections of applications for environmental permits, imposed variations and specific environmental permit conditions
• acting for a water and sewerage company against environmental regulator’s asserted Habitats Directive infringements aiming to alter commercial and statutory operations
• Waste Management:
• advising leading foodstuffs producers, new technology developers and land developers regarding the definition of “waste” and “by product” for regulatory permitting and statutory and criminal enforcement purposes
• advising waste collection company on correct application of duty of care duties regarding municipal waste
• representing waste management companies in various matters concerning Landfill Directive environmental permits
• advising on application of waste regulations to developing techniques and technologies
• advising on use of lex specialis in waste legislation regarding use of sludge, and as to national composting rules
• Environmental state aid:
• advising the European Investment Bank and EU Member State capital city on application of EU environmental state aid guidelines, and representing the Member State before the European Commission
• Inter-state disputes, disputes with EU institutions and infraction proceedings:
• advising the European Commission on compliance by a Member State with EU public procurement in environmental contracted out services
• investigating alleged non-compliance with international procurement rules on a power project in an EU Member State, and advising as to possible conflict with EU environmental law and policy
• advising an EU Member State in relation to a cross-boundary environmental dispute with another EU Member State on development of LNG energy resources and supply, and considering the raising of a complaint to the European Commission and initiation of rare inter-EU State litigation before the ECJ
• Brexit
• advising on application of EU environmental law to the military in England in the light of the Brexit referendum, ongoing negotiations and UK parliamentary debates
• advising on potential impact of Brexit on post-Brexit ongoing infraction proceedings against the UK and risks of new liability issues

Maurice Sheridan has been ranked in the top tier for Environmental Law practitioners in Band 1 for over 10 years in Chambers & Partners.

Maurice Sheridan has been ranked as a Leading Junior, Top Tier in Legal 500 for Environmental Law for over 10 years.

Maurice Sheridan has been a noted specialist in Environmental Law in Who’s Who Legal UK Bar from 2015.