Who? Matthew McFeeley, partner, Richard Buxton Solicitors, Cambridge.
Why is he in the news? Represented campaign group South Lakeland Action on Climate Change – Towards Transition who, with Friends of the Earth, successfully challenged in the High Court the previous government’s decision to grant planning permission for a new coal mine in Cumbria. Shortly before the hearing, the new government conceded the claim, but West Cumbria Mining Ltd continued to defend the case.
Thoughts on the case: ‘This was the first judgment to apply the Supreme Court’s Finch judgment (which held that Environmental Impact Assessment of fossil fuel projects must assess “downstream” emissions from using the extracted fuel). But the High Court also found that the planning permission was unlawful for other reasons. The judgment’s longer-term impact may well turn on those other points. In particular, the court noted the “muddle” in the reasoning which led to the conclusion that the coal mine would be “carbon neutral”.
‘The applicant had argued that the coal would “substitute” for coal produced elsewhere and so the opening of this mine would not add to global greenhouse gases. The court pointed to the steps and the detailed assessment which would be required to substantiate such an argument. The court also found that evidence of the impact on the UK’s international reputation as a climate leader could not simply be ignored. Finally, the court held that the secretary of state had misunderstood the effect of the “carbon offsets” proposed.’
Why become a lawyer? ‘The chance to work on topics which are intellectually engaging and (hopefully) help clients who feel the effects of a planning/environmental decision. Some cases, like this one, have wider implications, but even the “small” cases often raise interesting issues of law and matter deeply to those who instruct us.’
Career high: ‘Receiving the judgment in the Cumbria case only a few months after hearing the Supreme Court hand down Finch (in which we acted for Friends of the Earth, an Intervener) was certainly one of the highlights. Both judgments underscore the need to face up to the true impacts of fossil fuel development.’
Career low: ‘Like most lawyers, I have made decisions and mistakes that have kept me up for nights worrying, but luckily I have supportive colleagues (and usually supportive clients too!) and have found that if one is honest and transparent, problems are almost never as apocalyptic as they initially seem.’
No comments yet