Dr McClean is an expert in the regulation of geothermal energy. She is a lecturer at the University of Newcastle and a researcher on a geothermal energy heating project. In this episode, she shares her views on the potential of geothermal energy in the UK as a reliable source of renewable energy, as well as explaining how shallow geothermal energy is currently regulated and how it could be regulated. She also discusses the role of private property rights and the planning system.

Resources: You can access Dr McClean’s paper, McClean, A and Pedersen, O.W “The role of regulation in geothermal energy in the UK” (2023) in the Journal of Energy Policy, here. For further information on her research, you can access her page here.

Professor Sir Dieter Helm is a Professor of Economic Policy at the University of Oxford and Fellow in Economics at New College, Oxford. From 2012 to 2020, he was the Independent Chair of the Natural Capital Committee, providing advice to the government on the sustainable use of natural capital. He provides expert advice to UK and European governments, regulators and companies across energy and climate, regulation, utilities and infrastructure. His new book, “Legacy: How to build the sustainable economy,” will be published in November by Cambridge University Press.

In this episode, Professor Helm shares his views with Steph David on the extent to which the

energy security plan achieves, what he describes as, the energy trilemma. He argues that there needs to be a clear system plan for energy in the UK and a delivery framework, which should include the incentivisation of finance flows into the necessary infrastructure. Professor Helm also discusses the carbon leakage risk consultation, in particular the carbon border adjustment mechanism, and ways of addressing the territorial focus of carbon emissions.

Resources:  Professor Sir Dieter Helm’s website

In mid-February, Lang J granted permission to proceed to the Marine Conservation Society, Richard Haward’s Oysters and Hugo Tagholm in their challenge to the Storm Overflows Reduction Plan, which, it is contended, will allow untreated sewage into water bodies. One of the grounds of challenge is that the plan is contrary to the public trust doctrine. In this episode, Stephen Tromans KC and Steph David discuss the history of the doctrine and how it could be deployed in this case. The final hearing is listed for 4-6 July 2023. Stephen and Steph also discuss the likely focus of future climate change litigation and dealing with expert analysis.

Resources: (1) R (Newhaven Port and Properties Ltd) v East Sussex County Council [2015] UKSC 7; (2) Joint letter from Climate Change Committee and National Infrastructure Committee dated 26 April 2023

Sustainable development and the precautionary principle are seen as important principles in improving environmental standards. In this episode, Stephen Tromans KC and Steph David discuss the extent to which these principles can be deployed in public interest judicial reviews to achieve climate change goals.

Resources: (1) Climate Change Act 2008; (2) Planning Act 2008; (3) Environment Act 2021; (4) Environmental principles policy statement; (5) R (Friends of the Earth) v Heathrow Airport [2020] UKSC 52 (“Heathrow Case”); (6) National Planning Policy Framework; (7) Bristol Airport Action Network Co-ordinating Committee v Secretary of State for Levelling Up, Housing and Communities [2023] EWHC 171 (admin); and (7) R (Wyatt) v Fareham [2022] EWCA Civ 983.

By the Aarhus Convention, the state parties recognised the importance of citizens having access to environmental information and access to environmental justice. Indeed, public interest judicial reviews brought by individuals and campaigning organisations are fundamental to upholding environmental standards. In this episode, Stephen Tromans KC and Steph David discuss how to formulate a public interest environmental judicial review and the role of the Paris Agreement in these challenges. Resources: (1) R (Friends of the Earth) v Heathrow Airport [2020] UKSC 52 (“Heathrow Case”); and (2) R (Friends of the Earth) v Secretary of State for International Trade/ UK Export Finance [2023] EWCA Civ 14 (“Mozambique Investment Case”)

Last year, the Net Zero Plan was found to be unlawful by Holgate J. On 30 March 2023, what has been dubbed “Green day”, the Government published its Net Zero Growth Plan alongside a suite of policy documents and consultations. In this episode, Stephen Tromans KC and Steph David discuss the Net Zero Growth Plan and the risks of legal challenge. Resources: (1) Net Zero Growth Plan and linked documents can be accessed here; and (2) R (Friends of the Earth and Others) v Secretary of State for Business, Energy and Industrial Strategy [2022] EWHC 1841 (admin) (“Net Zero Case”)