
Ben Derrington
Director
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‘Ben Derrington is second to none. His knowledge of client businesses goes before him, both in legal circles and in the commercial community. He never ceases to work for his clients and with Ben, they rightly feel looked after in all respects and in the best possible way.’
Ben is an environmental, regulatory lawyer and member of the United Kingdom Environmental Law Association. He has a masters’ degree in Environmental Analysis & Assessment (Imperial College) and lead the Legal500 Tier-1 ranked Environment Team at his former firm.
Ben advises on environmental regulation in the context of crisis events; transactional due diligence and complex compliance matters. His experience of both enforcement matters and non-contentious advice gives him an comprehensive perspective on risk management, while his academic background brings him closer to the technical issues that underpin much of environmental law.
Ben advises on waste regulation including complex end-of-waste matters, environmental permitting of waste operations (including defence of enforcement action), energy from waste regulation, pollution incidents, contaminated land, water resources, climate change law, environmental information, Environmental Management Systems, crisis and risk management. Ben also works with our Regulatory Department to provide advice and training on crisis and risk management.
Ben is listed as a Next Generation Partner in The Legal 500 (2024 edition).
Legal Services
Environmental Law
Recent Work
- Advising a national recycling business on complex end-of-waste matters. Working with counsel and technical consultants, Ben developed a strategic plan for achieving EoW on key materials, in the face of changing law and policy.
- Advising the multi-national buyer of a highly contaminated chemicals manufacturing site (for redevelopment). Ben worked with client-appointed environmental consultants to oversee the remediation of contamination and progress towards surrender of environment permits and consents. Ben’s technical and legal knowledge allowed him to identify challenges to the schedule for sale and redevelopment in advance and provide analysis on appropriate contractual terms for the acquisition.
- Acting for a sewerage and water undertaker to advise on strategic considerations relating to water pollution incidents and enforcement; environmental performance assessments; water abstraction rights and policy and organisational risk-management.
- Advising a recycling business following an EA investigation into the allegedly illegal deposit of waste. The client’s operation involved long-term, permitted recovery operations, spanning a period of 10+ years. The investigation touched upon waste classification and acceptance criteria, end-of-waste issues, contamination and hazardous substances, duty of care, planning conditions and permitting conditions. As well as advising the client in interviews under caution, key technical issues were identified early-on, which formed the basis of legal and technical submissions to the EA. Despite early indications of imminent enforcement, no further action has been taken by the EA and no impact/environmental harm has occurred.
- Acting for a construction firm after the escape of large quantities of slurry into a protected watercourse (a category 1 incident). Advising on engagement with the EA, internal investigations, production of statements to the EA, gathering evidence in support of mitigation and all aspects of an Enforcement Undertaking Offer, including mitigation of harm, stakeholder engagement and complimentary remediation. Ben worked with the Rivers’ Trust to bring forward a meaningful project for complimentary remediation and secured the acceptance of the enforcement undertaking offer (such offers are accepted only in exceptional circumstances where a category 1 incident has occurred).
- Advising a local authority client on the management of contaminated land risks in a public-private joint venture for the development of a large, highly contaminated site. The client had acquired shares in the company which owned the contaminated site, which was strategically important for the generation of new housing. Remediation costs were considered to make the development non-viable without the use of public funds. Ben advised on the protection against risks of costs escalation; the limitations on previously acquired environmental surveys and geotechnical reports, the availability of appropriate insurance products and steps that might be taken to mitigate development risks arising from contamination issues.
- Conducting a portfolio-wide analysis of environmental risk and liability for a national anaerobic digestion business. Ben reviewed permitting conditions, contractual arrangements and property and infrastructure issues to identify exposure to environmental liabilities and devised a series of amendments to operations and legal arrangements to minimise risks, including enforcement risks against directors. Ben then advised on the implementation and negotiation of relevant amendments to contracts with third parties.
- Advising a local authority on the legal framework and feasibility for harnessing inshore sustainability and biodiversity projects for carbon and biodiversity offsetting. Ben worked with sustainability consultants to provide an analysis of opportunities and risks.
- Advising on contentious environmental permitting issues at an intensive food production facility. Assisting client to manage EA enforcement activity in relation to smells, dust, noise and alleged breaches of standards in relation to Best Available Techniques. Ben simultaneously advised on permit variations in relation to site development and expansion of capacity, securing both local agreements on variations pending formal determination and avoidance of prosecution/enforcement action.
- Ben assisted a local authority client with multilateral challenges to a major development project; including planning, procurement and environmental issues. Specifically, Ben assisted the Local Authority in dealing with requests and challenges under the Environmental Information Regulations, and helping the Authority to manage public interest considerations and prevent improper disruption and prejudice to the project and commercial partners.
Sectors
Farms & Estates
Expertise and experience: Permitting – Intensive Agriculture, Water Discharges, Nutrient Management, Anaerobic Digestion, Pollution Prevention and Control, Environmental Management Systems, Organic Certification.
Cases
- Advising on contentious environmental permitting issues at an intensive food production facility. Assisting client to manage EA enforcement activity in relation to smells, dust, noise and alleged breaches of standards in relation to Best Available Techniques. Ben simultaneously advised on permit variations in relation to site development and expansion of capacity, securing both local agreements on variations pending formal determination and avoidance of prosecution/enforcement action.
- Conducting a portfolio-wide analysis of environmental risk and liability for a national anaerobic digestion business. Ben reviewed permitting conditions, contractual arrangements and property and infrastructure issues to identify exposure to environmental liabilities and devised a series of amendments to operations and legal arrangements to minimise risks, including enforcement risks against directors. Ben then advised on the implementation and negotiation of relevant amendments to contracts with third parties.
- Acting for a construction firm after the escape of large quantities of slurry into a protected watercourse (a category 1 incident). Advising on engagement with the EA, internal investigations, production of statements to the EA, gathering evidence in support of mitigation and all aspects of an Enforcement Undertaking Offer, including mitigation of harm, stakeholder engagement and complimentary remediation. Ben worked with the Rivers’ Trust to bring forward a meaningful project for complimentary remediation and secured the acceptance of the enforcement undertaking offer (such offers are accepted only in exceptional circumstances where a category 1 incident has occurred).
- Advising a national recycling business on complex end-of-waste matters. Working with counsel and technical consultants, Ben developed a strategic plan for achieving EoW on key materials, in the face of changing law and policy.
Infrastructure & Major Projects
Expertise and experience: Environmental Information Regulations; Contaminated Land; Waste Management; Environmental Permitting and Licences; Water Resources.
Cases
- Advising a local authority client on the management of contaminated land risks in a public-private joint venture for the development of a large, highly contaminated site. The client had acquired shares in the company which owned the contaminated site, which was strategically important for the generation of new housing. Remediation costs were considered to make the development non-viable without the use of public funds. Ben advised on the protection against risks of costs escalation; the limitations on previously acquired environmental surveys and geotechnical reports, the availability of appropriate insurance products and steps that might be taken to mitigate development risks arising from contamination issues.
- Advising the multi-national buyer of a highly contaminated chemicals manufacturing site (for redevelopment). Ben worked with client-appointed environmental consultants to oversee the remediation of contamination and progress towards surrender of environment permits and consents. Ben’s technical and legal knowledge allowed him to identify challenges to the schedule for sale and redevelopment in advance and provide analysis on appropriate contractual terms for the acquisition.
- Ben assisted a local authority client with multilateral challenges to a major development project; including planning, procurement and environmental issues. Specifically, Ben assisted the Local Authority in dealing with requests and challenges under the Environmental Information Regulations, and helping the Authority to manage public interest considerations and prevent improper disruption and prejudice to the project and commercial partners.
- Acting for a sewerage and water undertaker to advise on strategic considerations relating to water pollution incidents and enforcement; environmental performance assessments; water abstraction rights and policy and organisational risk-management.
Clean Energy, Waste & Sustainability
Expertise and experience: Energy from Waste, Environmental Permitting, Climate Change Law, Environmental Management Systems.
Cases
- Advising an international waste business on the acquisition of a multi-site municipal waste, recycling and landfill operation. Ben advised on liabilities including permitting obligations and surrender, contaminated land and financial provision for historic landfill. Ben helped restructure the deal to provide better risk exposure for the client, while preserving the commercial objectives for all parties.
- Advising a national recycling business on complex end-of-waste matters. Working with counsel and technical consultants, Ben developed a strategic plan for achieving EoW on key materials, in the face of changing law and policy.
- Advising a recycling business following an EA investigation into the allegedly illegal deposit of waste. The client’s operation involved long-term, permitted recovery operations, spanning a period of 10+ years. The investigation touched upon waste classification and acceptance criteria, end-of-waste issues, contamination and hazardous substances, duty of care, planning conditions and permitting conditions. As well as advising the client in interviews under caution, key technical issues were identified early-on, which formed the basis of legal and technical submissions to the EA. Despite early indications of imminent enforcement, no further action has been taken by the EA and no impact/environmental harm has occurred.
- Conducting a portfolio-wide analysis of environmental risk and liability for a national anaerobic digestion business. Ben reviewed permitting conditions, contractual arrangements and property and infrastructure issues to identify exposure to environmental liabilities and devised a series of amendments to operations and legal arrangements to minimise risks, including enforcement risks against directors. Ben then advised on the implementation and negotiation of relevant amendments to contracts with third parties.
Latest
To contact Ben or for more information…
Call: 0345 030 5855
Mobile: 0797 386 0341
Or email: Send an email
United Kingdom Environmental Law Association (UKELA)
‘Once the client has experienced Ben Derrington’s attention to detail, they want no one else to fill those shoes.’
‘Ben Derrington’s careful analysis of the case in hand, coupled with his genuine concern for clients’ wellbeing, is what makes him unique’
‘Careful attention to detail, coupled with complete understanding of the position of key witnesses’
‘Ben Derrington – great on gritty environmental disputes including waste and water.’
Client service
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