Jason advises on the full spectrum of contentious and non-contentious environmental, planning and health and safety mandates. He assists clients on environmental and regulatory matters in the context of M&A, capital markets, lending and real estate transactions. He covers a wide range of issues including contaminated land and the assessment of risk, regulatory and compliance issues (including REACH), environmental due diligence, the preparation and review of environmental warranties, negotiating indemnities and disclosures. He advises on EPA licensed activities, with a particular focus on issues surrounding financial provision for environmental liabilities, and compliance with, and the transfer and surrender of licences. He also advises clients in relation to investigations by the EPA and Health and Safety Authority and acts in defence of criminal prosecutions relative to environmental and health and safety breaches.
He has a particular expertise in advising on environmental and planning issues relative to major infrastructure and energy projects. Jason’s clients include owners, developers, funders and private equity investors.
Jason also specialises in taking and defending, on behalf of developers/owners of projects and properties, challenges against decisions of regulators, including planning authorities, An Coimisiún Pleanála, the EPA and the Commission for Regulation of Utilities. He is also experienced in defending developers of projects against planning enforcement actions and planning injunctions. He regularly manages cases through the Commercial and the Environmental and Planning divisions of the High Court and, on appeal, to the Court of Appeal and the Supreme Court.
Significant recent cases include acting for:
- Galway Harbour Company on all planning and environmental matters relative to the Port of Galway redevelopment project, including on issues associated with the regulation of maritime usages, licensing issues and engagement with the Maritime Area Regulatory Authority.*
- Pembroke Beach DAC on all planning and environmental matters relative to the development of the Poolbeg West SDZ.*
- Codling Wind Park Limited in relation to the development of a 900 – 1,500MW offshore windfarm which will be developed in an area 13km off the coast of Dublin and Wicklow.*
- Bremore Ireland Port DAC in relation to the proposed development of a new deepwater port on the East coast of Ireland.*
- A wind farm developer on all planning and environmental matters associated with the sale of an equity stake in 11 operational wind farms with a combined capacity of 453MW.*
- A hyperscale data centre operator in relation to ongoing environmental compliance obligations.*
- The Land Development Agency in relation to the development of Staoplin Square.*
- Waterside Block 9 Development Limited in judicial review proceedings against a decision of An Bord Pleanála to refuse planning permission for a strategic housing development at City Block 9 within the North Lotts and Grand Canal Strategic Development Zone.*
- Sabanchi Holdings on all environmental and planning issues associated with the acquisition of Mannok Building and Packaging Materials.*
- Glenveagh plc in relation to an initial investigation by the HSA and the resulting prosecution brought by the DPP relating to a fatal accident that occurred at a building site.*
- BOC Gases Limited In relation to a prosecution brought by the DPP following a fatal accident at Naas General Hospital arising from an ambulance fire.*
* work undertaken prior to joining William Fry
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