BusinessArtsEducation

Climate Law Matters

39 Essex Chambers

39 Essex Chambers' barristers investigate the key legal developments, across both public and private law, in addressing the most pressing challenge of our generation, climate change. Through this podcast, they interview leaders in their fields, and across a range of sectors, to understand (i) the key developments as they see them and (ii) the role for litigation and regulation in those developments, including any legal barriers.

The team includes Steph David, Flora Curtis, Celia Reynolds, Chris Moss, Ella Grodzinski, and Alex Burrell, and has expertise across the breadth of Chambers’ specialisms.

Play

Open in

20 episodes
Avg 24 min
English

Episodes 20

Newest Oldest Longest

All20 Unplayed20 In progress0 Played0

#31
September 10 · 24 min
Episode 31: Global Trends in Climate Change Litigation – 2026 Snapshot Report
A dive into the key trends and evolutions in global climate litigation, as set out in the Grantham Research Institute on Climate Change and the Environment's recent report, Global Trends in Climate Change Litigation: 2026 Snapshot. 39 Essex Chambers' barrister Ella Grodzinski talks to Catherine Higham, Senior Policy Fellow at the Grantham Research Institute, who co-authored the report. They discuss the expansion and innovation of climate litigation across new regions, actors and legal strategies, the increasing complexity and interconnectedness of the field, and the growing pushback against climate action. The full report and summary report can be accessed here.
#30
August 26 · 28 min
Episode 30: Climate Attribution in Litigation: Interview with Dr Matt Ösund-Ireland
39 Essex Chambers’ barrister Christopher Moss discusses climate attribution and the role it plays in litigation with Dr Matt Ösund-Ireland a partner at HKA with over 30 years’ of experience and a member of the Institution of Environmental Scientists and the Institution of Air Quality Management. In this episode, Dr Ösund-Ireland explains what attribution science is, how it relates to the question of causation, and its relevance outside the litigation context. He further discusses the changing face of climate litigation and the role of an expert witness.
#29
May 28 · 29 min
Episode 29: The Government’s Drive for Green Energy and its Legal Implications
In this episode, Matthew McFeeley, a partner at Richard Buxton Solicitors discusses the legal implications of the Government’s drive for green energy with Celia Reynolds, a barrister at 39 Essex Chambers specialising in public and environmental law. Matthew and Celia discuss the changes introduced by the Planning and Infrastructure Act 2025, updates to the process for challenging DCOs, and the recommendations made in the Fingleton Review.
#28
April 15 · 32 min
Episode 28: Reducing Emissions from Aviation
At the global level, it is estimated that aviation accounts for 2.4% of annual anthropogenic CO₂ emissions and 4% of anthropogenic global heating up to 2021. As the sector continues to grow, those impacts will increase, and by 2050, aviation could be responsible for around 22% of CO₂ emissions alone. In this episode, Steph David discusses the problem of emissions from aviation, how those emissions can be mitigated and the role the law can play in that mitigation with three experts in the field: Ali Warrington, Head of Aviation, Energy and Heat at Possible, a climate campaigning organisation Alex Chapman, Senior Economist at the New Economics Foundation leading up their programme on air transport and tourism David Kay, Legal Director at Opportunity Green, an organisation focussing on bold and fair solutions to address climate change. The panel discuss the current policy approach to decarbonise aviation, aviation taxation and legal barriers to its reform, the role of carbon pricing, the international nature of aviation and non-CO₂ emissions.
#27
March 11 · 16 min
Episode 27: Ecosystem Collapse and the UK's National Security
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.
#26
Dec 18, 2025 · 19 min
Episode 26: 2025 Caselaw Roundup
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.
#25
Nov 19, 2025 · 23 min
Episode 25: The UK Emissions Trading Scheme: Interview with Dr Diana Casey
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.
#24
Oct 29, 2025 · 30 min
Episode 24: The Challenges and Opportunities of Carbon Capture Utilisation and Storage: Interview with Professor Paul Fennell
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.
#23
Sep 24, 2025 · 47 min
Episode 23: The ICJ’s Advisory Opinion on Climate Change: Interview with Nikki Reisch and Lucy Maxwell
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.
#22
Jul 31, 2025 · 37 min
Episode 22: The transition from oil and gas: Interview with Tessa Khan, Uplift
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.
#21
Jan 29, 2025 · 15 min
Episode 21: Role of the energy regulator in achieving a net zero future: Interview with Sinead Murray
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.
#20
Nov 28, 2024 · 34 min
Episode 20: A holistic way of considering transition and climate risk: Interview with Peter Carter
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.
#19
Nov 14, 2024 · 11 min
Episode 19: Interview with Sarah Finch – The campaigner behind the most significant climate case of this century so far (Part 2)
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.
#18
Oct 31, 2024 · 21 min
Episode 18: Interview with Sarah Finch – The campaigner behind the most significant climate case of this century so far (Part 1)
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.
#17
May 15, 2024 · 28 min
Episode 17: Interview with Catherine Dobson – The UK’s Net Zero plans are declared unlawful, again
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.
#16
Feb 22, 2024 · 29 min
Episode 16: Interview with Ruth Chambers – Environmental Improvement at a crossroads
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.
#15
Feb 8, 2024 · 21 min
Episode 15: Interview with Alex Lee – The precautionary principle from the perspective of a scientist – Part 2
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.
#14
Jan 25, 2024 · 14 min
Episode 14: Interview with Alex Lee – The precautionary principle from the perspective of a scientist – Part 1
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.
#13
Jan 11, 2024 · 20 min
Episode 13: Interview with Elsie Blackshaw-Crosby – Lifescape Project and the Biomass Strategy
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.
#12
Nov 1, 2023 · 13 min
Episode 12: Interview with Paul Redington – The Unintended Consequences of Solar: an Insurer's Perspective
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.

Showing 1–20 of 20 episodes