Climate Law Matters

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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.

  1. 12/18/2025

    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 10R (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.

    19 min

  2. 11/19/2025

    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.

    23 min

  3. 10/29/2025

    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.

    30 min

  4. 09/24/2025

    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.

    47 min

  5. 07/31/2025

    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.

    38 min

  6. 01/29/2025

    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.

    16 min

  7. 11/28/2024

    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.

    34 min

  8. 11/14/2024

    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.

    11 min
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About

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.

Information

  • Creator
    39 Essex Chambers
  • Years Active
    2023 - 2025
  • Episodes
    26
  • Rating
    Clean
  • Copyright
    © Copyright 2025 39 Essex Chambers
  • Show Website
    Climate Law Matters