Who? Penny Simpson, environment partner at Freeths LLP, Sheffield.

Penny Simpson

Why is she in the news? Freeths’ environmental law team successfully represented Tim and Geli Harris in a landmark case against the Environment Agency (EA). The High Court ruled that key European nature conservation laws remain enforceable against the EA despite the UK having left the EU.

Thoughts on the case: ‘The case is very important to the protected sites to which it relates, but it also has wide-reaching implications across the UK. The court found the EA acted irrationally, in breach of European law (the Habitats Directive) and domestic law. EA work to address environmental damage from water abstraction was limited to small parts of the Broads’ protected conservation areas when much wider areas were potentially equally impacted. The judgment provides clarity on several points. Locally, it clarifies the EA’s obligation to protect important designated wetlands in Norfolk and Suffolk from the effects of water abstraction that they license. Of national significance, the court ruled that key European nature conservation laws remain enforceable against the EA (and by implication other public bodies), despite the UK having left the EU. The judgment recognises that, even though the UK has left the EU, it has not escaped the direct influence of European directives.’

The EA said: ‘Originally the scope of this investigation was to evaluate the impacts of abstraction in the Ant Valley to protect the Ants Broad and Marshes SSSI. As a result of the judgment in this case we will now look at how we can expand our work to cover further protected sites whilst recognising [our] resource constraints. We remain committed to working with landowners, abstractors and Defra bodies to ensure that we continue to address unsustainable abstraction.’

Dealing with the media: ‘The volume of interview requests has been surprising. It’s been great to share the important messaging from this case with the media which will be crucial for the whole of the UK following Brexit.’

Why become a lawyer? ‘My academic background is science-based and I have always been interested in environmental issues. I became a lawyer because I saw this as an opportunity to engage with and tackle environmental issues in a clear and concrete way.’

Career high: ‘From landing my first job at a well-known City firm, working in-house for a leading environmental charity, to developing my legal practice that I am so passionate about today and achieving the result in this case.’

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