Climate Law Matters

Episode 27: Ecosystem Collapse and the UK's National Security

Wed, 11 Mar 2026 09:00:00 +0000

In the first episode of 2026, Ruth Chambers, Senior Fellow at Green Alliance returns to discuss the UK Government’s assessment of global biodiversity loss and ecosystem collapse with Flora Curtis, barrister at 39 Essex Chambers.

Published in January following an initially unsuccessful freedom of information request made in late 2025, the report examines the global ecosystems most critical to the UK and the risks that their collapse could pose to national security. Ruth explains the purpose of the assessment, its key findings, and what the impact of its publication has been both domestically and internationally.

Episode 26: 2025 Caselaw Roundup

Thu, 18 Dec 2025 10:00:00 +0000

In this special end-of-year episode, 39 Essex Chambers' barrister Ella Grodzinski and Anna Tranter of Irwin Mitchell look back at the key climate caselaw developments of the year.

Costs & Aarhus protections:

R (Badger Trust and Wild Justice) v Natural England [2025] EWHC 2761 (Admin)
Green Lane Association v Central Bedfordshire Council [2025] EWHC 2251 (Admin)

Finch developments:

Greenpeace Ltd & Uplift v Advocate General for Scotland [2025] CSOH 10
R (Boswell) v Secretary of State for Energy Security and Net Zero [2025] EWCA Civ 669

Aviation:

R (Luton and District Association) v Secretary of State for Transport [2025] EWHC 3206 (Admin)
R (Possible & Group for Action on Leeds Bradford Airport) v Secretary of State for Transport [2025] EWHC 1101 (Admin)

Additionally, they also share a look ahead to key cases in 2026, including the Foodrise Supreme Court appeal, Gatwick's second runway challenge, and emerging corporate accountability claims.

Episode 25: The UK Emissions Trading Scheme: Interview with Dr Diana Casey

Wed, 19 Nov 2025 06:00:00 +0000

39 Essex Chambers' barrister Christopher Moss discusses the UK Emissions Trading Scheme (“UK ETS”) with Dr Diana Casey, the Executive Director of Energy and Climate change at the Mineral Products Association, a board member of the Emissions Trading Group, and chair of the Emissions Trading System Policy group for the Emissions Trading Group.

Dr Casey provides an overview of the UK ETS, its scope and purpose in achieving Net Zero before discussing opportunities and challenges, as well as how to measure the success of the UK ETS.

Episode 24: The Challenges and Opportunities of Carbon Capture Utilisation and Storage: Interview with Professor Paul Fennell

Wed, 29 Oct 2025 06:00:00 +0000

39 Essex Chambers' barrister Celia Reynolds talks to Professor Paul Fennell, professor of clean energy at the Department of Chemical Engineering, Imperial College London.

His work encompasses the decarbonisation and re-thinking of industrial processes, including the production of iron and steel and cement manufacture. He also works in the broader field of industrial decarbonisation, including synergies between industry and power generation.

In this episode, Professor Fennell provides an introduction to Carbon Capture, Utilisation and Storage (CCUS). He further discusses the challenges and opportunities for CCUS in the green energy transition.

Episode 23: The ICJ’s Advisory Opinion on Climate Change: Interview with Nikki Reisch and Lucy Maxwell

Wed, 24 Sep 2025 06:00:00 +0000

39 Essex Chambers' barrister Flora Curtis talks to Nikki Reisch, Director of the Climate and Energy Programme at the Center for International Environmental Law, and Lucy Maxwell, Co-Director of the Climate Litigation Network, about the ICJ Advisory Opinion on climate change handed down on 23 July 2025.

Nikki discusses the background to the case and its origins in the work of Pacific Island students. Nikki then discusses the ICJ's conclusion on whether the interpretive principle of lex specialis is relevant to States' climate change obligations. Lucy sets out the ICJ's key findings on the question of States' obligations under international law when it comes to the issue of climate change, both under the UNFCCC and the Paris Agreement and more broadly. Nikki and Lucy then discuss the Court's conclusions on the legal consequences for States who fail to comply with their international obligations on climate change, before considering the likely impact of the ICJ's decision.

Correction Note: At 25:19 “the State” should say “the Court”. At 28:17 and 38:41 Nikki’s observations were related to continued statehood in the face of sea level rise and not shifting maritime boundaries, reflective of the Court’s observation that sea level rise does not legally affect maritime boundaries or statehood. At 44:05, Nikki’s comment related to a request that has been made to the African Court on Human and Peoples’ Rights, not from which a request has been made.

Episode 22: The transition from oil and gas: Interview with Tessa Khan, Uplift

Thu, 31 Jul 2025 06:00:00 +0000

Tessa Khan is the Executive Director at Uplift, a climate action organisation that supports efforts to transition rapidly and fairly away from oil and gas production in the UK. In this episode, she discusses a number of different legal developments to facilitate that transition, including the landmark legal case relating to the Jackdaw and Rosebank oil fields, following Sarah Finch’s successful case in the Supreme Court, as well as the new guidance, published last month, on how scope 3 emissions arising from the downstream combustion of the hydrocarbons should be assessed in the context of the proposed offshore oil and gas projects, and the potential role of the North Sea Transition Authority in facilitating that transition. She also sets out the role of litigation in shedding light on the windfall tax on the oil and gas industry.

You can find out more about Uplift here: https://www.upliftuk.org/

You can access the Jackdaw and Rosebank decisions, here; the link to the Government’s new guidance on assessing scope 3 emissions, here; and the Government’s consultation on, among other things, NSTA’s principal objective in the Petroleum Act 1998, here.

Episode 21: Role of the energy regulator in achieving a net zero future: Interview with Sinead Murray

Wed, 29 Jan 2025 04:00:00 +0000

39 Essex Chambers' barrister Steph David talks with Sinead Murray, General Counsel of Ofgem, who explains the key and expanding role that Ofgem plays in driving the transition to a net zero future in the energy sector.

She explains Ofgem’s role in administering various schemes to incentivise a transition to low carbon technology, and its role in regulating licensed gas and electricity suppliers, networks and infrastructure.

She sets out the diversification of Ofgem’s powers as the energy sector diversifies to meet the challenge of net zero, including through carbon capture and storage and hydrogen; and how Ofgem works alongside the new entity, National Energy System Operator (NESO).

Sinead then discusses the importance of Ofgem’s principal objective, in particular, protecting the interests of existing and future energy consumers, which is now defined to include assisting the Secretary of State in achieving the net zero targets set out in the Climate Change Act 2008.

She also gives an interesting example of Ofgem funding changes in relation to the use of gas, SF6, as part of Ofgem discharging its statutory obligation.

Episode 20: A holistic way of considering transition and climate risk: Interview with Peter Carter

Thu, 28 Nov 2024 12:00:00 +0000

Peter Carter discusses how businesses should be thinking about, and approaching, climate risk and building resilience into their business models. He explains the necessity of an holistic approach, considering not only the reduction of greenhouse gas emissions, but also approaching climate risks as a dynamic system to assess where the risks lie, such as to physical assets and supply chains, and how those risks should be financed. The approach also allows businesses to seize opportunities presented by climate risk. He uses incredibly helpful sector-specific examples and explains how WTW could assist firms. He also considers the role of regulations in managing those risks.

Episode 19: Interview with Sarah Finch – The campaigner behind the most significant climate case of this century so far (Part 2)

Thu, 14 Nov 2024 06:00:00 +0000

In this episode, Sarah Finch, behind the groundbreaking Supreme Court case in R (Finch) v Surrey County Council [2024] P.T.S.R. 988, talks about the immediate effects of the judgment for fossil fuel development elsewhere in the country before considering the wider impacts on other sectors. She then shares her experience in bringing a case like this and sets out what she sees as the greatest barrier to addressing climate change.

Episode 18: Interview with Sarah Finch – The campaigner behind the most significant climate case of this century so far (Part 1)

Thu, 31 Oct 2024 06:00:00 +0000

On 20 June 2024, the Supreme Court handed down its judgment in R (Finch) v Surrey County Council [2024] P.T.S.R. 988 in which the majority found that the grant of planning permission for oil production in Horse Hill, Surrey, was unlawful, because the environmental impact assessment had not assessed the downstream greenhouse gas emissions from the combustion of the oil. There has been a significant amount of legal commentary on the case, but who is Sarah Finch, the campaigner behind the case, and the Weald Action Group? What does she think about the judgment? In this episode, Sarah sets out her background and her passion for the environment and climate, and the other campaigns of the Weald Action Group, before delving into her thoughts on the judgment.

Episode 17: Interview with Catherine Dobson – The UK’s Net Zero plans are declared unlawful, again

Wed, 15 May 2024 06:00:00 +0000

On 3 May 2024, the UK’s plan to meet the Sixth Carbon Budget set under the Climate Change Act 2008 (‘CCA 2008’) was declared unlawful for the second time by the High Court J in R (Friends of the Earth & Oths) v Secretary of State for Energy Security and Net Zero [2024] EWHC 995 (Admin). In this episode, junior counsel for Friends of the Earth, Catherine Dobson, of 39 Essex Chambers, sets out the context of the judgment, the issues and the broader implications of this case. She considers in depth the nature of the analysis required of the Secretary of State under section 13(1) and (3) of the CCA 2008, as well as the information that the Secretary of State is required to include in its report laid before Parliament, pursuant to section 14 of the CCA 2008, to ensure transparency and accountability in relation to climate policy.

Episode 16: Interview with Ruth Chambers – Environmental Improvement at a crossroads

Thu, 22 Feb 2024 09:00:00 +0000

Ruth Chambers, Senior Fellow at Green Alliance, discusses the Office for Environmental Protection’s recent annual statutory report, published on 18 January 2023, and shares her views, more generally, on the role and effectiveness of the Environment Act 2021 in achieving its goals in relation to the natural environment, particularly those relating to climate change mitigation and adaptation. Ruth played a key role in the development of the Environment Act when the Bill was being debated in Parliament.

The OEP’s report can be accessed, here.

Episode 15: Interview with Alex Lee – The precautionary principle from the perspective of a scientist – Part 2

Thu, 08 Feb 2024 04:00:00 +0000

Dr Alex Lee delves further into the role of the precautionary principle in the context of climate modelling to assess resilience – essential in adapting to climate change. He considers the case study of landfill sites and caps; and how their vulnerability to climate change should be analysed. Alex then explains how the precautionary principle can be an effective tool before considering more generally how biases in risk assessment can be addressed.

Episode 14: Interview with Alex Lee – The precautionary principle from the perspective of a scientist – Part 1

Thu, 25 Jan 2024 04:00:00 +0000

Climate modelling is growing in importance in disputes, such as investor state disputes concerned with climate attribution. Dr Alex Lee, Chartered Geologist and Scientist, head of the environmental and climate change team at HKA, explains how climate modelling works and sets out his experience involving, for example, nuclear waste, power stations in coastal locations, and groundwater contamination. He also sets out the complexities of such models and the need for standardisation. He considers the role and importance of the precautionary principle, particularly in conditions of uncertainty.

Episode 13: Interview with Elsie Blackshaw-Crosby – Lifescape Project and the Biomass Strategy

Thu, 11 Jan 2024 05:00:00 +0000

The Lifescape Project is concerned with creating a world rich in wild landscapes through a multi-disciplinary approach. Elsie Blackshaw-Crosby, Managing Lawyer at the charity, discusses her journey and how she ended up working with the project before setting out, in more detail, how the charity uses the law to achieve its objectives. Elsie also discusses the charity’s recently issued judicial review challenge to the Government’s Biomass Strategy, explaining why the charity is concerned about the strategy, in particular its implications for climate change and biodiversity, and how the claim has been formulated.

You can access the Lifescape Project’s Rewilding Law Hub here; a legal briefing on the Biomass Strategy challenge here and a scientific briefing on biomass and biomass energy with carbon capture and storage (“BECCS”) here.

Episode 12: Interview with Paul Redington – The Unintended Consequences of Solar: an Insurer's Perspective

Wed, 01 Nov 2023 04:00:00 +0000

Whilst recognising the importance of renewable energy sources, Paul Redington, regional major loss property claims manager at Zurich, emphasises the need to be aware of the risks associated with sustainable energy source; and consider how they should be managed and mitigated. In this episode, Paul focuses on the rise in electrical fires from solar panels in both residential and commercial settings. He explains the likely causes of these fires and how they can be addressed, including through legal developments.

Episode 11: Interview with Rachel O’Connor – Insect protein for animal feed

Wed, 20 Sep 2023 04:00:00 +0000

Whilst there has been a shift in the UK to less meat and dairy consumption, globally the amount consumed is only likely increase. A significant proportion of animal feed is soya, which is imported from South America. Rachel O’Connor explains why using insect protein as animal feed makes sense from a land use, climate change, biodiversity and food system perspective. She sets out the regulatory framework for animal feed in the UK; and the legal barriers to the wider adoption of insects as an important source of protein.

Rachel O’Connor is a partner in the agriculture team at Michelmores, specialising in sustainable agriculture practices such as insects as feed and food. Rachel led a team of lawyers advising on the legal aspects of the World Wildlife Fund’s roadmap to accelerating insect protein in UK feeds.

#ClimateChange #InsectProtein #AnimalFeed #SustainableAgriculture

Resources: You can access the WWF report here; and articles by Rachel O’Connor, here.

Episode 10: Interview with David Rouch - Investing for Sustainability Impact - Part 2

Wed, 06 Sep 2023 04:00:00 +0000

In the last episode, David Rouch provided an overview of a report that he co-authored, entitled “A Legal Framework For Impact: Sustainability Impact in Investor Decision-making” – a report commissioned by UN Environment Programme Finance Initiative, Principles for Responsible Investment and The Generation Foundation and published by Freshfields. In this part, he discusses the impact of the report on financial services; and how the law in England and Wales is developing to facilitate this kind of investing. He also sets out what he sees as the greatest barriers to making finance flows consistent with the goals in the Paris Agreement.

David Rouch is a financial services partner at Freshfields with expertise in sustainable investing.

Resources: You can access the “Legal Framework for Impact” report, here. You can learn more about David’s work, here.

Episode 9: Interview with David Rouch - Investing for Sustainability Impact - Part 1

Wed, 23 Aug 2023 09:00:00 +0000

David Rouch is a financial services partner at Freshfields with expertise in sustainable investing. He is the author of the “Social Licence For Financial Markets: Reaching For The End And Why It Counts” (Palgrave Macmillan 2020), as well as the co-author of “A Legal Framework For Impact: Sustainability Impact in Investor Decision-making” – a report commissioned by UN Environment Programme Finance Initiative, Principles for Responsible Investment and The Generation Foundation and published by Freshfields. The report contains ground-breaking analysis on the extent to which legal frameworks enable investors to consider impact in their activities across 11 jurisdictions: the EU, Australia, Brazil, Canada, China, France, Japan, South Africa, the Netherlands, UK and the US.

In this episode, David provides an overview of the report. He explains what “investing for sustainability impact” (“IFSI”) means; and how it differs from other forms of sustainable investing, such as ESG. He sets out, in broad terms, the findings in the report.

Resources: You can access the “Legal Framework for Impact” report, here. You can learn more about David’s work, here.

Episode 8: Interview with Kate Tandy – Office for Environmental Protection

Wed, 09 Aug 2023 04:00:00 +0000

Kate Tandy is the Head of Litigation and Casework at the Office for Environmental Protection (“OEP”). In this episode, Kate explains what the OEP is and how it prioritises its work, particularly given the multiple environmental crises from climate change, to poor air quality, to the biodiversity crisis. She discusses the OEP’s intervention in the Supreme Court of Finch. Kate also shares her thoughts on the unique role that the OEP can play in addressing climate change and how the OEP works alongside the Climate Change Committee.

Resources: you can access the OEP’s strategy and enforcement policy here and the OEP’s written submissions in R (Finch) v Surrey County Council & Oths, here.

Episode 7: Interview with Dr Anna McClean – Part 2 – Deep Geothermal Energy

Wed, 26 Jul 2023 09:00:00 +0000

Dr McClean continues her interview with Steph David. In this episode, Dr McClean discusses deep geothermal energy and how it is regulated, including both the environmental and financial risks associated with this form of energy. She considers the extent to which the Government currently relies on geothermal energy in its Energy Security Plan; and provides her views as to the key legal developments and barriers in the sector.

Resources: You can access Dr McClean’s paper, McClean, A and Pedersen, O.W “The role of regulation in geothermal energy in the UK” (2023) in the Journal of Energy Policy, here. For further information on her research, you can access her page here.

Episode 6: Interview with Dr Anna McClean – Part 1 – Geothermal Energy

Wed, 12 Jul 2023 09:00:00 +0000

Dr McClean is an expert in the regulation of geothermal energy. She is a lecturer at the University of Newcastle and a researcher on a geothermal energy heating project. In this episode, she shares her views on the potential of geothermal energy in the UK as a reliable source of renewable energy, as well as explaining how shallow geothermal energy is currently regulated and how it could be regulated. She also discusses the role of private property rights and the planning system.

Episode 5: Interview with Professor Sir Dieter Helm – Energy trilemma, energy security plan and carbon leakage risk

Fri, 30 Jun 2023 04:00:00 +0000

Professor Sir Dieter Helm is a Professor of Economic Policy at the University of Oxford and Fellow in Economics at New College, Oxford. From 2012 to 2020, he was the Independent Chair of the Natural Capital Committee, providing advice to the government on the sustainable use of natural capital. He provides expert advice to UK and European governments, regulators and companies across energy and climate, regulation, utilities and infrastructure. His new book, “Legacy: How to build the sustainable economy,” will be published in November by Cambridge University Press.

In this episode, Professor Helm shares his views with Steph David on the extent to which the

energy security plan achieves, what he describes as, the energy trilemma. He argues that there needs to be a clear system plan for energy in the UK and a delivery framework, which should include the incentivisation of finance flows into the necessary infrastructure. Professor Helm also discusses the carbon leakage risk consultation, in particular the carbon border adjustment mechanism, and ways of addressing the territorial focus of carbon emissions.

Resources: Professor Sir Dieter Helm’s website

Episode 4: Interview with Stephen Tromans KC – Part 4 – Public trust doctrine, the future of public interest climate change litigation and expert analysis

Wed, 07 Jun 2023 09:00:00 +0000

In mid-February, Lang J granted permission to proceed to the Marine Conservation Society, Richard Haward’s Oysters and Hugo Tagholm in their challenge to the Storm Overflows Reduction Plan, which, it is contended, will allow untreated sewage into water bodies. One of the grounds of challenge is that the plan is contrary to the public trust doctrine. In this episode, Stephen Tromans KC and Steph David discuss the history of the doctrine and how it could be deployed in this case. The final hearing is listed for 4-6 July 2023. Stephen and Steph also discuss the likely focus of future climate change litigation and dealing with expert analysis.

Resources: (1) R (Newhaven Port and Properties Ltd) v East Sussex County Council [2015] UKSC 7; (2) Joint letter from Climate Change Committee and National Infrastructure Committee dated 26 April 2023

Episode 3: Interview with Stephen Tromans KC – Part 3 – Principles of sustainable development and the precautionary principle

Wed, 24 May 2023 09:00:00 +0000

Sustainable development and the precautionary principle are seen as important principles in improving environmental standards. In this episode, Stephen Tromans KC and Steph David discuss the extent to which these principles can be deployed in public interest judicial reviews to achieve climate change goals.

Resources: (1) Climate Change Act 2008; (2) Planning Act 2008; (3) Environment Act 2021; (4) Environmental principles policy statement; (5) R (Friends of the Earth) v Heathrow Airport [2020] UKSC 52 (“Heathrow Case”); (6) National Planning Policy Framework; (7) Bristol Airport Action Network Co-ordinating Committee v Secretary of State for Levelling Up, Housing and Communities [2023] EWHC 171 (admin); and (7) R (Wyatt) v Fareham [2022] EWCA Civ 983.

Episode 2: Interview with Stephen Tromans KC – Part 2 – Environmental judicial reviews and the role of the Paris Agreement

Wed, 17 May 2023 09:00:00 +0000

By the Aarhus Convention, the state parties recognised the importance of citizens having access to environmental information and access to environmental justice. Indeed, public interest judicial reviews brought by individuals and campaigning organisations are fundamental to upholding environmental standards. In this episode, Stephen Tromans KC and Steph David discuss how to formulate a public interest environmental judicial review and the role of the Paris Agreement in these challenges. Resources: (1) R (Friends of the Earth) v Heathrow Airport [2020] UKSC 52 (“Heathrow Case”); and (2) R (Friends of the Earth) v Secretary of State for International Trade/ UK Export Finance [2023] EWCA Civ 14 (“Mozambique Investment Case”)

Episode 1: Interview with Stephen Tromans KC – Part 1 – Net Zero Strategy 2.0

Wed, 10 May 2023 05:00:00 +0000

Last year, the Net Zero Plan was found to be unlawful by Holgate J. On 30 March 2023, what has been dubbed “Green day”, the Government published its Net Zero Growth Plan alongside a suite of policy documents and consultations. In this episode, Stephen Tromans KC and Steph David discuss the Net Zero Growth Plan and the risks of legal challenge. Resources: (1) Net Zero Growth Plan and linked documents can be accessed here; and (2) R (Friends of the Earth and Others) v Secretary of State for Business, Energy and Industrial Strategy [2022] EWHC 1841 (admin) (“Net Zero Case”)