Environmental Law

Established over 20 years ago, Carson McDowell’s environmental law team provides both contentious and non-contentious advice to clients on all aspects of environmental risk and regulation. The team provides environmental law advice from the formulation of planning applications and environmental statements, to post permission pollution prevention, control permits, and ultimately the defence and instigation of environmental judicial reviews. The team is also responsible for bringing the first challenges to area plans of its type in Europe, premised on the requirements of the Strategic Environmental Assessment Directive and the first Habitats Directive judicial review in Northern Ireland.

Specialist areas of expertise include environmental due diligence, waste law, contaminated land, integrated pollution control, and the defence of environmental prosecutions.

What we do:

  • The instigation and defence of judicial review proceedings in relation to environmental decisions
  • Defence of environmental proceedings brought by the NIEA regarding contamination and compliance with licensing and permit conditions
  • Negotiation of warranties and indemnities to minimise environmental risk exposure
  • Advice on the content and lawfulness of environmental statements
  • Advice on the content and lawfulness of Strategic Environmental Assessments
  • Advice on environmental permit and compliance issues
  • Environmental due diligence – including due diligence pursuant to the acquisition of waste industry companies, energy from waste plants, and the financing of such acquisitions of business operating in NI for local and international investors
  • Environmental due diligence pursuant to the acquisition and financing of wind energy developments in NI
  • Drawing up contacts to provide for allocation of environmental risk
  • Advice on the acquisition and disposal of brownfield sites
  • Advice on contaminated land and remediation issues
  • Waste law including the acquisition of Waste Management Licenses, Waste Management Exemptions and Pollution Prevention and Control Permits
  • Incineration projects
  • Anerobic digestion projects
  • Material recovery facilities
  • Energy from Waste projects
  • Advice on recycling legislation
  • Advising on air pollution control
  • Advising on noise pollution control including the defence of noise abatement notices issues

What Others Say About Us

Chambers and Partners UK 2020

What the team is known for

Excellent team advising a number of high-profile companies on the full spectrum of environmental law. Regularly handles significant projects and disputes work, with notable expertise in judicial reviews and representing clients in public inquiries and appeals. Also highly experienced in advising on the environmental aspects of renewable energy schemes. Further expertise in drafting supporting environmental statements for planning applications.

Work highlights

Advised John Hogg Operational on the environment and planning aspects of a proposed studio tour attraction based on the Game of Thrones television series at Linen Mill Studios near Banbridge County Down.

Notable practitioners

Faye Phillips has a robust environment practice that includes advising on judicial reviews as well as challenging decisions at the Planning Appeals Commission. She also assists with the environmental aspects of large-scale planning applications in the mining, renewable energy and waste disposal sectors.

Gary McGhee leads the team and has a broad range of environment expertise. He advises on the environmental aspects of planning applications as well as representing clients in judicial reviews, and has expertise in such issues as pollution, waste and habitat preservation.

Grant McBurney assists clients with a wide range of environment matters, representing them during enforcement appeals and judicial reviews as well as providing due diligence in relation to planning applications.

Sarah Dunlop assists with a broad range of matters relating to planning applications for mixed-use development and energy infrastructure projects. She has experience advising on issues including contaminated land, waste management and protected species.