Ben Derrington

Expertise and experience: Energy from Waste, Environmental Permitting, Climate Change Law, Environmental Management Systems.

Recent Work

• 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.

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.

Expertise and experience: Permitting – Intensive Agriculture, Water Discharges, Nutrient Management, Anaerobic Digestion, Pollution Prevention and Control, Environmental Management Systems, Organic Certification.

Recent Work

• 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.

Expertise and experience: Environmental Information Regulations; Contaminated Land; Waste Management; Environmental Permitting and Licences; Water Resources.

Recent Work

• 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