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Construction and The Climate
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Construction and The Climate

Author: 39 Essex Chambers

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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.
43 Episodes
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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.
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.
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.
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.
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.
In this episode, Camilla and Ruth are joined by Andrew Kidd, Director of Environmental Sustainability for the Lower Thames Crossing at National Highways. Andrew shares insights into his role leading National Highways’ decarbonisation strategy for the Lower Thames Crossing. Together, they explore innovative approaches to designing low-carbon infrastructure and its impact on sustainability in large-scale projects.
In this episode, Ruth and Camilla discuss the use of timber in construction with Andrew Carpenter (CEO of the Structural Timber Association/STA). Over a career spanning over 40 years, Andrew has played an active part in the construction industry, focusing on business development, best practices and the sector’s improvement agenda.
Ruth and Camilla discuss climate considerations and the National Planning Policy Framework with 39 Essex Chambers barristers, Richard Harwood KC. They discuss proposed reforms to the NPPF along with other changes to the planning system and their potential impact on the construction sector.
In this podcast, Ruth and Camilla discuss the UN Sustainability Goals with Ciara Keegan of Congruent Consulting. Ciara is a chartered quantity surveyor and accredited mediator. She has a Masters of Science, in Construction Law from KCL and an LLM in International Human Rights Law with a focus on global development, environmental law and human rights through the lens of the Built Environment from the Irish Centre for Human Rights, Galway.
Decarbonising Facades

Decarbonising Facades

2024-11-1419:50

In this podcast episode Camilla and Ruth are joined by David Metcalfe, a Director of the Centre for Window and Cladding Technology (CWCT). Camilla, Ruth and David discuss embodied carbon in relation to facades, the technical challenges, the facades in relation to the building safety regime, and success stories.
In this episode Camilla ter Haar and Ruth Keating talk to Lewis Barlow, Trustee, carbon and climate at ICE. They also discuss PAS2080: 2023, its updates and aims.Lewis was a member of both the PAS2080:2023 (Carbon Management in Buildings and Infrastructure) steering group and its Technical Advisory Panel and was featured in the 2024 ENDS report Power List 2024 which names the 100 UK environmental professionals who have made the greatest impact in the past two years.
In this episode, Camilla ter Haar and Ruth Keating discuss trends in climate change litigation with Catherine Higham. Catherine is a Policy Fellow at the Grantham Research Institute on Climate Change and the Environment at the London School of Economics and Political Science. Catherine coordinates the Climate Change Laws of the World project – the most comprehensive global resource on climate legislation and policy. In June this year, the Grantham Institute published ‘Global trends in climate change litigation: 2024 snapshot’. This episode discusses the latest trends, including the rise in cases against corporates. You can listen to previous conversations on global trends and snapshot reports with Joana Setzer (here) and Tiffanie Chan (here).
In this episode, Camilla ter Haar and Ruth Keating from 39 Essex Chambers are joined by Martha Tsigkari of Foster + Partners. Martha is a Senior Partner and Head of the Applied Research + Development group at Foster + Partners. She has a background in architecture, engineering and computer science. She is a specialist in a wide range of areas including computational design, performance-driven design, optimisation, machine learning, interfaces & interaction, design-to-production, robotics, and fast feedback & integration.Camilla, Ruth and Martha discuss the role of AI in the future of greener construction.
In this episode, Camilla ter Haar and Ruth Keating from 39 Essex Chambers are joined by Sarah Milne from H2 Green Steel. The Swedish start-up is building a plant in the Swedish town of Boden, just below the Arctic Circle. H2 Green Steel will produce steel, with a reduction of up to 95 percent reducing CO₂ emissions compared to traditional steelmaking – using green hydrogen. H2 Green Steel’s investors include Al Gore’s Just Climate fund. Sarah has spent 20 years working in the steel industry – the last two and a half with H2 Green Steel. Camilla, Ruth and Sarah discusses how steel can be made more sustainably.
In this episode Camilla ter Haar and Ruth Keating are joined by Andrew Mellor. Andrew Mellor is a Partner at PRP Architects. He has extensive experience in large-scale regeneration and leads PRP’s Development Consultancy and Research team, overseeing the sustainability performance of the practice.Andrew has said: “I cannot see the car manufacturers backing out of electric vehicles now; they are already on a trajectory to move all of their vehicle designs over.” There are clear parallels to the construction industry. In this episode Camilla, Ruth and Andrew discuss the role of Regenerative Design.
In this episode Camilla ter Haar and Ruth Keating are joined by Simon Wyatt. Simon is a Sustainability Partner at Cundall. At Cundall Simon leads on net zero carbon and sustainable governance service streams, supporting clients realise their net zero carbon and wider ESG aspirations.Simon has delivered the first WELL-certified projects in both Europe and MENA, as well as helping to develop net zero carbon and whole life carbon methodologies for the Greater London Authority, the UK Green Building Council, the Whole Life Carbon Network and the Construction Industry Council Hong Kong. Camilla, Ruth and Simon discuss the ‘Eden’ project – the UK's first new build building to achieve a 5.5 NABERS ‘Design Reviewed’ Target Rating. This episode discusses how Eden minimised upfront embodied carbon and lessons for future projects. Eden project: https://www.cundall.com/projects/eden-new-bailey
Jess Hrivnak is a Practice Technical Adviser (Sustainability) for the Royal Institute of British Architects (RIBA). Jess has been involved in developing the UK Net Zero Carbon Buildings Standard since its inception, representing the RIBA on the Standard as a member of the Technical Steering Group, and co-leading one of the Tasks groups. In this podcast episode, Camilla, Ruth and Jess discuss the UK Net Zero Carbon Buildings Standard.
Biodiversity Net Gain is a way of creating and improving natural habitats – it is mandatory from 12 February 2024. In terms of the construction industry, developers are one of the groups who need to understand how Biodiversity Net Gain works. For this episode, Ruth Keating and Camilla ter Haar are joined by Simon Boyle and Stephen Poole from the Landmark Academy to discuss Biodiversity Net Gain – the opportunities and the challenges.
A building block in most construction projects, concrete is responsible for about 8 percent of global carbon emissions. Several companies are working to create a greener mix. One of those companies is CarbonCure Technologies a company based in Halifax, Nova Scotia. For this episode, Ruth Keating and Camilla ter Haar are joined by Chad Mahoney of CarbonCure Technologies to discuss more sustainable concrete production.
Force Majeure

Force Majeure

2024-05-1012:12

In this podcast episode, Camilla ter Haar and Ruth Keating discuss force majeure clauses – in particular how our understanding of force majeure may have to adapt over time in light of climate change.
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Phill Jones

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Sep 4th
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