Contaminated Land
We have significant expertise in contaminated land in both a transactional context and following regulatory action. We have advised on the most high profile contaminated land cases to date, including Brofiscin Quarry landfill in Wales, the site of England's largest contaminated plume, and Scotland's first "special site". We have successfully challenged regulatory action on behalf of businesses and individuals and we have advised clients on how to limit exposure to liability both during a regulatory investigation and in the context of corporate and property transactions.
This is an increasingly complicated area of the law and we regularly provide our clients with strategic advice on handling brown-field proposals and mitigating the risk of formal contaminated land clean-up action by bodies such as the Environment Agency.
Examples of our work in this area include:
- successfully defending a major Plc against a Part IIA Contaminated Land Regime notice in relation to the UK's largest contaminated land site
- successfully defending a "Class A" liability person against a Part IIA Contaminated Land Regime notice in relation to the Brofiscin Quarry investigation where clean-up costs were reported to be up to £100million
- advising the Environment Agency on policy issues associated with radioactively contaminated land
- advising an international petrochemicals company on Part IIA Contaminated Land Regime Notice and resolution of dispute between Council and SEPA on whether site was a "special site"
- advising Weymouth Borough Council on the acquisition of a site for use in the Olympics, including detailed advice on contamination issues
- advising landowners on the liability regime following Part IIA Contaminate Land Regime notices and successfully challenging notices and recovering costs through the Local Government Ombudsman
- advising a major manufacturing company on clean-up strategy in the context of a site closure programme
- advising on the implications for those involved with insolvency and contaminated land
- advising banks on lender liability for contaminated land
- advising major corporate clients on a programme of mitigation and board level strategy to avoid claims over portfolios of historic operating sites
For information on our other Environmental capabilities please go to the main Environment page.
All Partners and Associates in
Contaminated Land.