"He is our go-to junior for all environmental matters as he has a successful track record of obtaining the best possible result."
― Chambers UK Bar Guide [2025]
"He is our go-to junior for all environmental matters as he has a successful track record of obtaining the best possible result."
― Chambers UK Bar Guide [2025]
"He is a true environmental specialist who is fully up to date with all of the changes in this changing area of the law. He is strategically and tactically superb, very solution-driven and commercially aware."
― Chambers UK Bar Guide [2023] Star Individual
"Extremely versatile, very thorough and detailed, the leading junior environmental counsel in the country – a true star!"
― Legal 500 [2023]
"The best senior junior regulatory counsel around and a formidable opponent who is outstanding on all fronts."
Christopher Badger has an established practice in commercial regulatory investigations and prosecutions, specialising in environmental enforcement, acting for both corporate and individual defendants and on behalf of the Environment Agency.
High profile cases in which he has recently been instructed include allegations of the deliberate illegal disposal of hazardous waste, the export of waste abroad, end of waste and environmental issues relating to the Thames Tideway super-sewer project. He is often asked to provide early-stage advice into on-going investigations, both pre-interview and pre-charge.
Reported authorities include Environment Agency v Walker & Son (Hauliers) Ltd, the defining case on liability of landowners in environmental disputes, R v Rogers, Beaman and Tapecrown Ltd, the leading authority on the use of fresh evidence in appeals against sentence to the Court of Appeal and Environment Agency v Tapecrown Ltd, a landmark authority concerning the jurisdiction of the Court of Appeal in contempt of court appeals and the novel use of third parties to act as a means of enforcing Court ordered environmental remediation orders in criminal proceedings.
Recent written advice and lectures have included issues on water pollution, legal personality and “linked organisations”, the definition of causation, the meaning and treatment of hazardous waste, environmental liabilities for private investors and institutional and regulatory steps required to achieve ‘equivalence’ with current environmental standards in a post-Brexit environment.
He is responsible for editing ‘Environmental Law News’, currently subscribed to by over 500 solicitors, co-wrote the leading practitioner’s text ‘Environment Act 2021: Text, Guide and Analysis’, together with Richard Macrory Hon QC, and is a contributor to Garners’ Environmental Law Encyclopaedia.
He was appointed to the ‘A’ List of Specialist Regulatory Counsel in June 2012.
Environmental law
Christopher Badger has an established practice in commercial regulatory investigations and prosecutions, specialising in environmental enforcement, acting for both corporate and individual defendants and on behalf of the Environment Agency.
High profile cases in which he has recently been instructed include allegations of the deliberate illegal disposal of hazardous waste, the export of waste abroad, end of waste and environmental issues relating to the Thames Tideway super-sewer project.
Reported authorities include Environment Agency v Walker & Son (Hauliers) Ltd, the defining case on liability of landowners in environmental disputes, R v Rogers, Beaman and Tapecrown Ltd, the leading authority on the use of fresh evidence in appeals against sentence to the Court of Appeal and Environment Agency v Tapecrown Ltd, a landmark authority concerning the jurisdiction of the Court of Appeal in contempt of court appeals and the novel use of third parties to act as a means of enforcing Court ordered environmental remediation orders in criminal proceedings.
He is often asked to provide early-stage advice into on-going investigations, both pre-interview and pre-charge, most recently for Clyde & Co., Kennedys, Eversheds, Kingsley Napley and Osborne Clarke as well as the Environment Agency. Recent written advice and lectures have included issues on water pollution, legal personality and “linked organisations”, the definition of causation, the meaning and treatment of hazardous waste, environmental liabilities for private investors and institutional and regulatory steps required to achieve ‘equivalence’ with current environmental standards in a post-Brexit environment.
Administrative & public
Christopher Badger has a highly established practice in public law, most notably acting on behalf of organisations seeking to challenge the decisions of public authorities, with particular emphasis on environmental regulation.
Recent instructions include disputing a decision of the Environment Agency to refuse consent for the export of waste abroad, challenging the view taken by the Regulator on end-of-waste status, contesting suspension notices issued by the Environment Agency of suspension notices curtailing the waste activities of a wastewater recycler and judicial review proceedings challenging the implementation of the EU ETS Scheme.
He is the co-author of ‘Environment Act: Text, Guide and Analysis’, the leading practitioner’s text on the Environment Act 2021, the most wide-reaching and significant new environmental Statute for many years, providing commentary and analysis on the operation, powers and responsibilities of the Office for Environmental Protection, the environmental duties imposed on the Government to achieve and the establishment of a new category of Environmental Review.
He has recently advised NGOs on the regulatory steps required to achieve ‘equivalence’ in a post-Brexit environment and the form and structure of the Office for Environmental Protection. He has an active role in UKELA, being a member of both the Governance and Devolution Group and a co-convenor of the ESG Working Party.
Regulatory
Christopher Badger has specialised in regulatory law for many years and was appointed to the ‘A’ list of Specialist Regulatory Counsel in June 2012.
He has a broad range of experience in criminal enforcement up to and including appellate level and has expertise in a wide variety of regulatory matters, including health and safety. He has been regularly instructed to appear on behalf of interested parties in inquests, particularly where there is a risk of ensuing criminal proceedings.
Recommendations
"He is our go-to junior for all environmental matters as he has a successful track record of obtaining the best possible result."
― Chambers UK Bar Guide [2025]
"He is our go-to junior for all environmental matters as he has a successful track record of obtaining the best possible result."
― Chambers UK Bar Guide [2025]
"He is a true environmental specialist who is fully up to date with all of the changes in this changing area of the law. He is strategically and tactically superb, very solution-driven and commercially aware."
― Chambers UK Bar Guide [2023] Star Individual
"He is excellent and has a very dedicated environmental practice."
― Chambers UK Bar Guide [2023] Star Individual
"Extremely versatile, very thorough and detailed, the leading junior environmental counsel in the country – a true star!"
― Legal 500 [2023]
"He demonstrates razor-sharp attention to detail and precision in his analysis and delivery, and at the same time is commercially-minded, responsive, technically outstanding, down to earth and a real pleasure to work with."
― Chambers UK Bar Guide [2021] Star Individual
"The best senior junior regulatory counsel around and a formidable opponent who is outstanding on all fronts."
― Legal 500 [2021] Tier 1
"A leading junior in the field of environmental enforcement with an excellent grasp of the law." "Chris is absolutely superb. He has such a great commercial nous and solution finding is very easy with him"."
― Chambers UK Bar Guide [2020] - Star Individual
"Whether defending or prosecuting on behalf of the Environment Agency, Christopher Badger has a "simply faultless" style in court and is "justifiably" ranked as a Tier 1 Junior in the environmental regulatory field."
Winner - Real Estate, Environment and Planning Junior of the Year
― Legal 500 2018 UK Bar Awards
"Chris is a true environmental specialist. An extremely professional and committed lawyer, he provides the balanced and pragmatic advice of one who both prosecutes and defends these matters." "He is impeccable. He has extreme precision and thoughtful ideas."
― Chambers UK Bar Guide [2018]
"He is simply faultless."
― Legal 500 [2017] Tier 1
"Leading lawyer for the regulatory aspects of environmental law, he advises the Environment Agency as well as corporate and individual clients."
"Advocacy-wise he is excellent as he's very calm and thinks before he speaks." "He takes a logical approach to the issues and has a deep knowledge of the law."
― Chambers UK Bar Guide [2017] Band 1
"Excellent on environmental work, especially waste crime and water pollution matters."
― Legal 500 [2016] Tier 1
Awards
Winner – Environment/Planning Junior of the Year Chambers UK Bar Awards 2019
Winner – Real Estate, Environment and Planning Junior of the Year Legal 500 UK Bar Awards 2018
Notable Cases
Judicial review proceedings on behalf of a waste recycling company Counsel instructed on behalf of a waste recycling company wishing to export waste to Norway. Consent has been refused by the Environment Agency. Proceedings are ongoing.
Environment Agency v MH Ltd (Leeds Magistrates’ Court) Counsel instructed on behalf of a national housebuilder following the escape of silt into the local watercourse. Attempts at resolution by way of an Enforcement Undertaking failed due to the approach taken by the Environment Agency on culpability. In court, the Environment Agency conceded culpability and the fine imposed was made in the sum offered as part of the Enforcement Undertaking offer.
Yorkshire Water investigation into SS Ltd Counsel instructed on behalf of a major brewery in relation to an investigation into the environmental effects of disposing of waste beer into the sewerage system as a consequence of the pandemic.
Environment Agency v W Ltd Counsel instructed on behalf of a multi-national drinks company following the imposition of a penalty notice in connection with a Climate Change Agreement.
NRW v B Ltd Counsel instructed on behalf of a waste company charged in relation to dust from hazardous waste alleged to have escaped from the site where it was being unloaded. Representations were made that no breaches in fact took place and that, in any event, no environmental harm resulted. Proceedings were withdrawn.
Environment Agency v EMR Ltd & others Counsel instructed on behalf of a multi-billion turnover company accused of deliberately dumping wate and risking pollution of a nationally significant water supply. Potential remediation costs were estimated by the Environment Agency at £9 billion. Successfully demonstrated to the Court that culpability should be correctly considered as negligent, resulting in a hugely discounted financial penalty. Instructed by Eversheds Sutherland (add link).
Environment Agency v AG & others (Worcester Crown Court) Represented the Chairman of a high profile waste company that suffered repeated waste fires, alleged to have resulted from the manner in which waste was stored at the site. The critical issue was the extent to which senior officers within a company are able to delegate responsibility for environmental compliance in the context of strict liability regulatory obligations and overarching corporate responsibility.
Environment Agency v Tapecrown Ltd [2018] 5 WLUK 351; [2019] Env L.R. 3 Landmark authority concerning the jurisdiction of the Court of Appeal in contempt of court appeals and the novel use of Civil Procedure Rule 70.2A by the Court to appoint third parties to act as a means of enforcing Court ordered environmental remediation orders in criminal proceedings. Heard before LJ Treacy, Mr Justice Stuart-Smith and HHJ Munro QC. Instructed on behalf of the Environment Agency.
Environment Agency v FDL Ltd Instructed on behalf of the Defendant organisation in an environmental prosecution following the alleged escape of glucose from the premises of a food manufacturer. Extensive and complex expert evidence, turning on the extent to which other unrelated third parties were in fact responsible for any pollution caused. Ultimately resolved by way of an Enforcement Undertaking. Instructed by Dentons (add link).
Environment Agency v TC Ltd Landmark challenge to the law on causation in environmental cases. The case concerned allegations of pollution from a sweet factory and the prosecution of the company for a strict liability offence. Critically, as the cause of the pollution could be linked to pipework that was not under the control of the Defendant, it was successfully argued that at an application to dismiss that there was no evidence of causation, challenging settled law in Empress Cars that has been in place for the last 20 years. Instructed by Clyde & Co (add link).
Environment Agency v CRL & others Counsel on behalf of the defendant Company in a highly significant hazardous waste investigation by the Environment Agency. Successfully resisted representations made to look beyond the individual legal personality and means of the defendant company and consequently limited financial penalties to £22,450 with no costs order. Instructed by Osborne Clark LLP (insert link).
Environment Agency v A Commercial Joint Venture (Bolton Crown Court)
Counsel on behalf of four multi-national organisations who formed a commercial joint venture to conduct construction and engineering works in conjunction with United Utilities Ltd. Criminal proceedings against all companies were pursued following a water pollution incident in the North West. The case has developed the concept of legal personality for an unincorporated joint venture. Instructed by Withers Worldwide LLP (insert link).
R v Rogers, Beaman and Tapecrown Limited (Court of Appeal) [2016] 2 Cr.App.R.(S.) 36; [2016] Crim LR 787
Guideline authority on the use of fresh expert evidence in appeals against sentence to the Court of Appeal. The case followed the imposition of a Regulation 44 Remediation Order in the Crown Court following a successful prosecution for waste offences.
Judicial review proceedings challenging the implementation of the EU ETS scheme Currently instructed by two international corporates in a challenge to decisions by DECC under the regulations concerning the control of greenhouse gas emissions. Instructed by DLA Piper.
Environment Agency v UK Wood Recycling Limited (Middlesbrough Crown Court)
Complex prosecution of a wood waste recycling company for storing wood waste in a manner likely to cause pollution to the environment or harm to human health. Highly contentious, due to the imposition of fire prevention guidance on a sector of industry highly dependent on maintaining large stocks of combustible waste.
Environment Agency v S C Chadwick & Sons Limited Counsel instructed in the first ever judicial review challenge to the service of a suspension notice by the Environment Agency under Regulation 37(3)(A) EPR 2010.
State of Guernsey v Secretary of State for the Environment and the Marine Management Organisation Counsel instructed to urgently respond in judicial review proceedings following the decision of the UK to revoke reciprocal fishing licences issued to Guernsey vessels after Guernsey refused to be bound by UK quotas in conjunction with the EU’s Common Fisheries Policy.
A wastewater recycling company v Environment Agency Judicial review proceedings, injunction proceedings and a planning inspectorate appeal against the imposition by the Environment Agency of both an enforcement notice and a suspension notice, effectively shutting down the business. Politically sensitive, due to numerous odour complaints and the involvement of MPs and DEFRA, legal action resulted in the staged continuation of the business. Instructed by Greenwoods (insert link).
Environment Agency v Walker & Son (Hauliers) Ltd (Court of Appeal) [2014] EWCA Crim 100
Leading authority on the statutory construction of “knowingly permitting” within Regulation 38 of the Environmental Permitting Regulations 2007 and 2010. Led by Stephen Hockman QC.
Environment Agency v WB Ltd & Others (Central Criminal Court)
Counsel instructed on behalf of two companies and their director who faced charges brought under the Transfrontier Shipment of Waste Regulations 2007. The allegations concerned the illegal export of 89 shipping containers of waste to Brazil, which prompted a complaint from the Brazilian government and subsequent repatriation of the waste. It was the largest prosecution of its kind to date and attracted considerable national press interest. Instructed by Withers Worldwide LLP.
Environment Agency v Bloom (Plant) Ltd & Others (Nottingham Crown Court)
Prosecution of several companies and individuals for numerous offences concerning multiple illegal waste sites across the Midlands region. The allegations included the mishandling and storage of asbestos waste generated from construction and demolition and repeated failures to follow HSE guidance and regulations.
Notable Advice
Advice on end of waste
Advising a multinational construction company on end of waste issues concerning the production of aggregate from mixed construction waste streams. A recent change in regulatory approach threatens the financial model of the national industry’s production of recycled aggregate. Issues include the legal definition of end of waste, the accurate interpretation of WRAP’s Quality Protocol for the production of recycled aggregate and the recycling and reuse of construction waste. Instructed by Ward Hadaway.
Advice on scrapping commercial shipping vessels
Advising two leading shipping companies on the lawfulness of scrapping commercial shipping vessels, in circumstances where the vessels are both commercially viable and engaged in commercial use. This is of legal significance due to the novel extension of the Waste Framework Directive to the shipping industry and the threat from the Netherlands of sentences of imprisonment for Directors that fail to properly adhere to European legislation. Instructed by Clyde & Co.
Advising a US multinational company who specialise in the mass production of plastic takeaway boxes on the specific impact of the 2019 Single Use Plastic Directive on their business. Legally significant as to the extent of restrictions on European market access due to the evolution of the circular economy. Instructed by Edwin Coe.
Advice on the Office for Environmental Protection
Instructed, together with Stephen Hockman QC, to advise NGOs on the most effective way for the new environmental watchdog to be independent of Government, empowered so far as possible to replicate the functions of the European Commission and to endure and be robust. This advice followed previous advice on the consequences of Brexit for environmental law and the ‘compliance deficit’ resulting from the UK’s withdrawal from the EU. As before, the content of the advice has been used to influence both discussions with Government and other interested parties and Government policy.
Advice on the consequences of Brexit for environmental law
Instructed to provide a comprehensive advice on the consequences of Brexit for environmental law, the ‘compliance deficit’ that will result from the UK’s withdrawal from the UK and the institutional and regulatory steps that should be taken in order to ensure ‘equivalence’. The content of the advice has been used to guide the approach taken by both the WWF and the RSPB in consultation with and discussions with the Government and other interested parties.
Other recent advice includes:
The definition of hazardous waste and the application of EU law to appropriate methods of analysis and disposal
The application of the EU-ETS scheme
The definition of waste
The unlawful imposition of charges for the disposal of household waste
The interpretation of environmental permit conditions
Part II Directed Surveillance under the Regulation of Investigatory Powers Act 2000
The Prosecutor’s discretion in pursuing confiscation proceedings
Publications
‘Environment Act 2021: Text, Guide and Analysis’ (2022, Harts Publishing, co-written with Richard Macrory QC, Emeritus Professor of Environmental Law at University College London)
‘A Practical Guide to Environmental Enforcement’ (2021, Law Brief Publishing, co-written with Stuart Jessop, Barrister at Six Pump Court)
Contributor to ‘Garner’s Environmental Law Encyclopaedia’ (Butterworths)
Contributor to ‘Burnett Hall on Environmental Law 2013’ (Sweet & Maxwell)
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