Environmental Law

At 2TG, we have a leading practice in environmental law and have appeared in a number of the landmark cases in group environmental claims and international matters. Our members deal with environmental issues including pollution, emissions and nuisance claims.

In recent years we have seen a marked increase in cross-border litigation concerning environmental harms and claims related to environmental, social and governance factors; the English courts are rapidly emerging as jurisdiction of choice for ESG litigation against multinationals and claims concerning global operations. We frequently act in claims where companies are alleged to have caused environmental damage. Many of these cases relate to the extractive industries in developing countries including the exploration and exploitation of metal, non-metal and fuel resources. We are frequently engaged from an early stage to advise on issues of strategy and forum disputes. With our experience of acting for claimants and defendants, and with our expertise in dealing with high-profile strategic litigation, clients benefit from our ability to integrate quickly into large legal teams.

We have been involved in both the recent significant cases which define this landscape – The Supreme Court case of HRH Okpabi v Royal Dutch Shell Plc [2021] UKSC 3, [2021] 1 W.L.R. 1294 and Vedanta Resources PLC & Anor v Lungowe & Ors [2019] UKSC 20, [2020] A.C. 1045.

We are particularly sought after for our private international law expertise and our experience of dealing with novel points of law in relation to international environmental claims. In this context, many of our cases raise important issues of jurisdiction, the inter-play between EU and domestic law and parent company liability. Recent examples include Bravo v Amerisur Resources Ltd [2023] EWHC 122 (KB) acting on an environmental damage claim following oil spill in Colombia, AAA and others v Brazil Iron Limited acting on an environmental damage claim arising from mining operations in Brazil, The Bomu-Bonny Oil Pipeline Litigation acting on an environmental damage claim arising from oil spill in Nigeria.

We also act for private clients, central government departments and local authorities in relation to domestic issues.

Many of our other specialisms sit at the interface of environmental law, with environmental factors and considerations frequently at play.

This includes our product liability practice where we are often instructed to act in claims relating to product defects and failures which have a detrimental impact on the environment, such as the Pan NOx emissions litigation. Our property damage practice includes claims originating from environmental damage caused by floods and storms, and landslip or subsidence, including tree roots and the effects of Japanese knotweed, such as Davies v Bridgend[2023] EWCA Civ 80, which is currently the leading authority on Japanese knotweed.

We have an excellent reputation for dealing with personal injury and industrial disease claims, including environmental hazards such as occupational exposure to asbestos, other noxious substances and noise. We also often advise in relation to injury arising out of environmental damage. For example, the Grenfell Tower Litigation considers the environmental impact of the fire, including from the release of toxic gases.