NEWSLETTER ✉️ | 39 Essex Chambers Planning, Environment and Property - Winter 2025 Edition ❄ 🔗 Read more: https://lnkd.in/eXwg5-j2 The latest edition of our newsletter covers a number of articles on interesting cases across almost the full gamut of the PEP team practice areas, with contributions from: Stephen Tromans KC; John Pugh-Smith; Celina Colquhoun; James Burton; Ned Helme; Rachel Sullivan; Daniel Kozelko; Chris Moss and Celia Reynolds. Key Topics: ❄ Planning Reform – Development and Nature Recovery ❄ How green can be my development? ❄ Contaminated land – continuing to bubble up? ❄The ambit of s.73 TCPA – Test Valley BC v Fiske [2024] EWCA Civ 1541 ❄ Case of White v Plymouth City Council [2024] EWHC ❄ Case of Farnham Town Council v Secretary of State for Levelling Up, Housing & Local Communities ❄ Case of Shell Uk Ltd V Persons Unknown [2024] EWHC 3130 Sign up for our newsletter: https://lnkd.in/eG8Sn_ra #PlanningLaw #EnvironmentLaw #PropertyLaw
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🌍 Building on our commitment to Environmental Justice (EJ), we are thrilled to share the second installment in our article series, diving deeper into practical strategies for integrating EJ into project planning. This latest article, authored by my colleague Will Bohlender, outlines a comprehensive, data-driven approach designed to ensure that large-scale projects not only comply with ethical standards but also enhance their strategic value by proactively addressing the needs of disadvantaged communities. By prioritizing Environmental Justice, we help streamline project permitting, construction, and operation—all while delivering substantial community benefits.🛠️🤝🌱 Discover how our practical steps, from identifying critical EJ indicators to quantifying benefits for affected communities, can transform project planning into a tool for sustainable growth and social equity 👉 https://lnkd.in/dEUYZg94 #environmentaljustice #socialsustainability #sustainablechange #ProactiveEJ
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Purchasing land in #NSW is expensive at the best of times - so it’s important to know the ‘true’ value of the asset you’re buying 💸 Environmental investigations will uncover potential contamination and shine a light on the real cost to remediate and validate a parcel of land. Expert environmental consultant Ehsan Zare shares his 3 steps for due diligence when buying NSW property. Learn more. https://lnkd.in/gGkfnJ6y #NEOConsulting #constructionNSW #EnvironmentalInvestigations
Environmental Due Diligence: 3 Steps For Buying NSW Property
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I see a lot of companies focusing on GHG emissions in the sustainability world, but there are a lot of pressing social issues that companies should be considering as well, including environmental justice! If you haven't previously thought about this, I highly recommend checking out this article by my colleague Will Bohlender - it's a great summary of why you need to start thinking about EJ in your projects going forward!
🌍 Ignoring environmental justice (EJ) in project planning? It's a risk we can't afford anymore. The repercussions of neglecting EJ and community benefits are too dire to ignore. Our solution? A practical, data-driven approach that not only streamlines project permitting, construction, and operation but also puts community engagement and benefits at the forefront while mitigating risks. Learn more in our latest article, where Will Bohlender provides a step-by-step guide for seamlessly integrating environmental justice considerations into your project planning 👉 https://lnkd.in/dEUYZg94 #environmentaljustice #socialsustainability #sustainablechange #ProactiveEJ
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In August 2024, the East Central Florida Regional Planning Council (RPC) nominated an area of Palm Bay, referred to as “the compound”, for a planning project under the U.S. Environmental Protection Agency (EPA) Land Use Revitalization Technical Assistance Program. The City of Palm Bay was notified in September that EPA will fund an Action Plan for “the compound” that incorporates sustainable development consideration to encourage catalytic moves that will stimulate economic growth. The Technical Assistance provided by EPA Region 4 is valued at $100,000, with no match required by the City. Read the full release: https://lnkd.in/e-FdNDWg
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If you haven't got your ticket for tomorrow's event, there's still time to join us as we discuss the delicate balance between environmental and economic pressures in the water sector, with a focus on supply side infrastructure! There's so much to say on this topic I doubt we will get through as much as we'd like, but come and be part of the conversation. For details on how to book, see below. Meyrick Gough Joanne Holbrook Nicholas Ostrowski #environment #watersupply #infrastrcuture
Join UKELA's Water Working Party in-person or online on 12 November to hear from a panel of experts on the topic of ‘Separating environmental protection from economics - topical issues in water infrastructure’. This takes place from 5.00pm – 6.30pm kindly hosted by Herbert Smith Freehills, London. Water and sewerage undertakers have announced their desire to spend record amounts on water and sewerage infrastructure this year and Ofwat’s Draft Determinations in July propose approving a record spending package for the undertakers of £88 billion. This huge spending covers the development of significant new assets such as reservoirs to improve the resilience of water supplies as well as significant investments in plant and treatment facilities to improve the aquatic environment. The UKELA water working party has convened a panel of experts to consider what these developments mean in practice and how the industry is responding to the challenges set by the regulators. Hear from speakers including: Sophie Flax, Infrastructure Solicitor, Southern Water Meyrick Gough, technical Director WRSE Joanne Holbrook, of counsel, Herbert Smith Freehills The event will be moderated by Nicholas Ostrowski, barrister, Six Pump Court chambers and water working party co-convenor. For more details and to book, go to our website https://lnkd.in/erzRkCeG #UKELA #EnvironmentalLaw
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Can a Local Environmental Plan Override an Easement? Easements are essential in defining property rights, but can a Local Environmental Plan (LEP) override these rights to facilitate development? Our latest article delves into this complex interaction, spotlighting the case of JEA Holdings v Registrar-General of NSW as a key example. We explore the mechanisms under the Environmental Planning and Assessment Act 1979 that empower LEPs to suspend easements when they conflict with development objectives. This analysis is crucial for property owners and developers facing legal constraints posed by existing easements. https://lnkd.in/g87dS4K6
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The Department of the Interior's Orphaned Wells Program Office has released new guidance for Phase 2 of the Tribal Orphaned Well Site Plugging, Remediation, and Restoration Grants. This guidance outlines several increased environmental compliance requirements that tribal governments must adhere to when applying for and managing these grants. Forvis Mazars US has the details: https://lnkd.in/gj97Y9Mn
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On October 23, 2024, the California First District Court of Appeal released its decision on People of the State of California Ex Rel. Rob Bonta, Attorney General, et al. v. County of Lake. The ruling addressed the Environmental Impact Report (EIR) prepared for the Guenoc Valley Mixed-Use Planned Development Project, a luxury resort consisting of residential estate villas, hotel units, and related infrastructure on 16,000 acres in an unincorporated and largely undeveloped area of Lake County known as the Guenoc Valley Ranch. The ruling includes important practitioner guidance relating to adequacy of wildfire risk analysis, use of a carbon credit program for greenhouse gas emissions mitigation, analysis of impacts of a potential future off-site groundwater well, and consideration of information provided after preparation of the Final EIR. Read our full analysis to understand what this means for your environmental documentation and project planning. Read the full article: https://lnkd.in/guS7Rymt
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🌍 What’s the Future of US EPA Brownfields & EJ Grants? Since the 1990s, these grant programs have supported community revitalization and environmental justice, with funding growing significantly in recent years. Key milestones include: 2021: $1B added for Brownfield Grants via the Bipartisan Infrastructure Law (BIL) 2024: Launch of $2B Environmental & Climate Justice Grants. While Brownfields funding remains bipartisan and historically resilient, EJ and climate resiliency funding could face challenges. Efforts in 2025-2026 might scale back remaining funds from the BIL and Inflation Reduction Act. Read the full article by Chris Gdak for insights on leveraging these programs for lasting change: https://hubs.ly/Q02_-ST60 #Brownfields #EnvironmentalJustice #CommunityDevelopment
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Here’s an analysis of a recent CEQA decision affecting wildfire risk analysis with practitioner’s guidance. The full article has a link to access the court decision.
On October 23, 2024, the California First District Court of Appeal released its decision on People of the State of California Ex Rel. Rob Bonta, Attorney General, et al. v. County of Lake. The ruling addressed the Environmental Impact Report (EIR) prepared for the Guenoc Valley Mixed-Use Planned Development Project, a luxury resort consisting of residential estate villas, hotel units, and related infrastructure on 16,000 acres in an unincorporated and largely undeveloped area of Lake County known as the Guenoc Valley Ranch. The ruling includes important practitioner guidance relating to adequacy of wildfire risk analysis, use of a carbon credit program for greenhouse gas emissions mitigation, analysis of impacts of a potential future off-site groundwater well, and consideration of information provided after preparation of the Final EIR. Read our full analysis to understand what this means for your environmental documentation and project planning. Read the full article: https://lnkd.in/guS7Rymt
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