In mid-February, Lang J granted permission to proceed to the Marine Conservation Society, Richard Haward’s Oysters and Hugo Tagholm in their challenge to the Storm Overflows Reduction Plan, which, it is contended, will allow untreated sewage into water bodies. One of the grounds of challenge is that the plan is contrary to the public trust doctrine. In this episode, Stephen Tromans KC and Steph David discuss the history of the doctrine and how it could be deployed in this case. The final hearing is listed for 4-6 July 2023. Stephen and Steph also discuss the likely focus of future climate change litigation and dealing with expert analysis.

Resources: (1) R (Newhaven Port and Properties Ltd) v East Sussex County Council [2015] UKSC 7; (2) Joint letter from Climate Change Committee and National Infrastructure Committee dated 26 April 2023