Richard Matthews KC

Environmental Law

Richard Matthews KC has advised and acted for corporations in environmental cases concerned with the Environmental Permitting Regulations 2016, Environmental Protection Act 1990, the Water Resources Act 1991, The Food and Environment Protection Act 1985, groundwater / controlled waters pollution, waste management regulation, waste permits / licenses, the meaning of ‘waste’, Producer Responsibility Obligations and Transfrontier Shipment of Waste Regulations.

Richard provided expert assistance to the Sentencing Council prior to the consultation and publication of the Definitive Guideline on Environmental Offences.

Richard has been listed as a leading KC in Environmental by the independent legal guides:

“Frighteningly intelligent with truly excellent forensic criminal acumen, he is the go-to barrister for serious or technical environmental matters.”

— Legal 500 (2021)

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“He is frequently instructed to act on the defendant side for major corporate clients in cases concerned with water pollution and waste management.”

— Chambers & Partners (2021)

He appeared for the appellant in the Court of Appeal before the Lord Chief Justice in the case of Natural England v Day [2014] EWCA Crim 2683, which concerned the sentencing of individuals for environmental offences and a challenge to the strict liability causation test in environmental offending.

Richard also appeared for the appellants in the leading sentencing authority concerned with major corporations and breaches of the Environmental Permitting Regulations (R. v. Sellafield [2014] EWCA Crim 49; [2014] Env. L.R. 19; [2014] L.L.R. 572) and for the appellant in R. v. Frampton [2012] EWCA 2697, concerning depositing substances in UK waters without a licence.

He has conducted a challenge on behalf of a company by way of judicial review to the issuance of an enforcement notice by the Environment Agency suspending the operation of an environmental permit to store waste wood.

Richard has extensive experience and a deep understanding of the regulation by OFWAT and the Environment Agency of the water industry. He has advised and acted on many occasions for a number of the water companies, including Thames Water, Southern Water and Anglian Water.

Richard represented Murfitts Industries Ltd at Cambridge Crown Court in a prosecution brought two years after a devastating fire at the company’s licensed tyre recycling facility in Littleport for an alleged breach of the Environmental Protection Act 1990 relating to the keeping of controlled waste allegedly in a manner likely to cause pollution. After two days of argument and following rulings by the trial judge, the Environment Agency (EA) offered no evidence and the company was acquitted.

Richard acted for Community Waste Limited and Atlantic Paper in the Environment Agency prosecution brought in relation to exports of sorted waste paper in alleged breaches of Transfrontier Shipment of Water Regulations. Both companies were acquitted when no evidence was offered by the prosecution. This followed a defence statement challenge regarding Environment Agency sampling of alleged waste and the percentage contamination threshold.

Richard was instructed on behalf of the HSE and Environment Agency in the prosecution resulting from the investigation into the Buncefield oil terminal explosion and fire.