The built environment and construction sector accounts for 38% of global carbon emissions and it has been estimated that globally every week we build the equivalent of a city the size of Paris. The building sector is therefore well-positioned to have a significant impact on emissions reductions – future legal requirements and case law will reflect this. This podcast focusses on what the trends in climate change related litigation, legislation and guidance mean for our construction sector clients.
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March 25, 202634 min
Forever Chemicals: PFAS in the Construction Industry
In this episode of the Construction and the Climate Podcast , 39 Essex Chambers’ barristers Camilla ter Haar and Ruth Keating are joined by Michael Salau and Nathan Modell of Beale & Co discussing ‘Forever Chemicals: PFAS in the Construction Industry’.
December 10, 202516 min
The ICSID Arbitration – Woodhouse Investment and West Cumbria Mining v United Kingdom
In this episode, Camilla ter Haar and Ruth Keating discuss Woodhouse Investment Pte Ltd and West Cumbria Mining (Holdings) Ltd v United Kingdom. The arbitration is the first time the United Kingdom has faced a claim under the International Centre for Settlement of Investment Disputes Convention. The arbitration concerns whether the United Kingdom's actions regarding the revocation of planning approval for the Woodhouse Colliery project constitute a breach of the fair and equitable treatment standard and protection against indirect expropriation under the 1975 UK-Singapore Bilateral Investment Treaty.
November 5, 202512 min
Anti-regulatory Challenges
In this episode, Camilla ter Haar and Ruth Keating are joined by Tiffanie Chan. Tiffanie is a Policy Analyst for the Grantham Research Institute’s Climate Change Laws of the World project. She is currently working on several projects exploring legal pathways to net zero, benefits of climate laws, and corruption risks in climate action. Tiffanie discusses key findings of the Grantham Institute’s annual Global Trends Snapshot, essential reading for those interested in climate change law.
October 22, 202527 min
Sponge Cities
In this episode, 39 Essex Chambers' barristers Camilla ter Haar and Ruth Keating are joined by Cristina Refolo. Cristina is the Founding Director of Refolo Landscape Architects. Cristina is a Chartered Member of the Landscape Institute with over two decades of professional experience. Over the years, she has built up a wealth of expertise across a range of sectors, including urban regeneration schemes with integrated Sustainable Drainage Systems (SuDS), educational landscapes, residential developments, and aquatic systems.Camilla, Ruth and Cristina discuss nature based water management, SuDS and Sponge Cities & why you and or your clients need to know about them.
October 8, 20259 min
The ICJ's Advisory Opinion
In this episode, 39 Essex Chambers' barristers Camilla ter Haar and Ruth Keating discuss the International Court of Justice’s (ICJ) landmark Advisory Opinion on the Obligations of States in respect of climate change.
June 25, 202518 min
Climate Liability – Luciano Lliuya v RWE
In this episode, Camilla and Ruth discuss the recent decision of the Higher Regional Court of Hamm in Lliuya v RWE and what this might mean for the construction sector.
May 21, 202527 min
Adjudication and the Climate
In this episode, Camilla and Ruth are joined by Jonathan Cope and Matthew Molloy.Jonathan and Matt both originally qualified and practised as quantity surveyors before undertaking their legal training. They are extremely experienced dispute resolvers and they have been appointed in almost 1500 construction and engineering disputes. They are the authors ‘Adjudicating Construction and Engineering Disputes’.Jonathan and Matt share insights on adjudicating disputes relevant to sustainability and the climate.
May 7, 202512 min
Climate Considerations and the Global Regulation of Embodied Carbon
Camilla and Ruth are joined by Will Arnold. Will is head of climate action at The Institution of Structural Engineers. Will leads the Institution’s response to the climate emergency, bringing sustainability action into all aspects of its workWill shares his insights into the regulation of embodied carbon around the world.
March 27, 202525 min
Construction, the Climate and Insurance
In this episode, Camilla and Ruth are joined by Anthony Wenton, Research Fellow in Public International Law at the British Institute of International and Comparative Law (BIICL). Anthony shares insights on developing case law in insurance disputes concerning climate change related damages – particularly US case law. Together, they explore the relevance of insurance in the context of climate change related disputes.
February 17, 202518 min
Construction, the Climate and Professional Negligence
In this episode, Camilla and Ruth discuss duties of construction professionals in relation to climate change. This podcast captures some, but not all, of a chapter written by Camilla, Ruth and Marion Smith KC in a book put together by barristers of 39 Essex Chambers entitled The Law of Net Zero and Nature Positive.
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