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Portrait ofOlivia Jamison

Olivia Jamison

Partner

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Place - Cannon Street
London
EC4N 6AF
United Kingdom
Languages English

Olivia Jamison is a specialist environment practitioner advising on environment and health and safety matters.  She advises on various aspects of environmental liability, regulatory compliance, risk transfer and strategic sensitive environment issues at domestic and EU level.

CMS is “one of the best firms in the market for environment work” (Legal 500, 2014) with Olivia rated as a leading individual and “conscientious, thoughtful and a pleasure to work with” (Legal 500, 2015). The CMS Environment team has been ranked Tier 1 in Legal 500 2016 and Band 1 in Chambers 2017 with Olivia individually listed in both directories.

Olivia’s practice covers the transfer of liability in transactions, energy from waste and alternative energy operations, contaminated land issues, advising regarding prospective and impending legislation and the impact on business practice, investments and products, representing companies in regulatory investigations including crisis management, interviews and court proceedings, contractual and regulatory liabilities, pursuing appeals in respect of environmental permits, statutory notices and regulators' decisions and civil litigation.

Olivia has been listed as a “recommended attorney” by Global Law Experts.

With more than 450 energy and climate change lawyers, including over 100 partners, the CMS Energy and Climate Change practice is one of the largest of its kind in the world. Led from its centres of excellence such as London and Aberdeen, the practice works across 75 offices globally. Building on 40 years of experience advising on power, oil & gas and renewables through to energy disputes, emerging areas and Energy Transition, CMS is uniquely placed to ensure clients receive advice best suited to their commercial needs and to our collective future.

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"Olivia Jamison is very hard-working, passionate about her subject matter and is particularly responsive to her clients' needs. She also stands out as being extremely considerate with her colleagues and team."

Chambers, 2024

"Her advice is always timely, precise and operational for the client."

Chambers, 2024

"She is an absolute star."

Chambers, 2024

"She makes sure she understands the client's business and way of working."

Chambers, 2024

"Olivia Jamison leads a strong team of environmental lawyers that are able to deal exceptionally well with standalone environmental law matters in particular."

Legal 500, 2024

"Olivia Jamison stands out in the environmental law field on the basis of her client-specific, calm and incisive analysis of law and policy developments in this always evolving area of law and her ability to efficiently and effectively manage projects in multiple jurisdictions."

Legal 500, 2024

"Olivia is friendly, knowledgeable and client-focused."

Chambers, 2023

"She is very approachable and is always aware of any relevant developments in the sustainability field."

Chambers, 2023

"Olivia has unparalleled experience."

Chambers, 2023

"Olivia and her team are on top of any new relevant changes that might affect their clients. They are proactive in sharing info and really specialised within the broader legal sustainability landscape."

Legal 500, 2023

"Olivia Jamison and her team at environment practice at CMS have provided excellent legal services to us over the last year. They were always available with high quality advice and secondees of their attorneys when needed. They are proactive in the way they provide their advice, they understand the needs of the business and provide custom made solutions."

Legal 500, 2023

"A lawyer who is 'very good at looking at the bigger picture and future-proofing what may come up on the horizon'. 'She is very proactive and 'she's very good at dealing with regulators'."

Legal 500, 2020

“very efficient and very knowledgeable,” and is "a pleasure to deal with."

Chambers, 2019

"she has in-depth knowledge and helpful personal experience of all of the regulators."

Chambers 2018

“Dedicated [...] breaks down complex issues well”

Chambers 2017

"an extremely smart lawyer. She is client-focused, looking to use the best dispute resolution options and regulatory routes to resolve client issues"

Chambers 2016

Won Client Nominated ILO Client Choice Award for Environment/Climate change 2015

“Thought by some to be the ‘best overall group in London’” and “a formidable team”

Legal 500 2016

Relevant experience

  • Developers and energy generators on the Environmental Liability Directive, Habitats Directive, the Birds Directive, the Marine Strategy Framework Directive and onshore and offshore liability.
  • Manufacturers in respect of energy efficiency and energy labelling requirements, conflict minerals developments, WEEE, RoHS, REACH, CLP, transportation, batteries, waste and the circular economy.
  • All aspects of environment regulation including, the obligations on operators pursuant to environmental permits, sanctions for non-compliance and rights of appeal.
  • Permitted facilities in relation to numerous regulatory notices and appeals in respect of enforcement notices and terms of consents including successful withdrawal of notices and successful compromise of appeals by the Environment Agency due to their change of interpretation following submissions.
  • Investors in respect of the purchase of facilities and on the decommissioning of infrastructure and legacy related liability issues, the transfer of liability arising out of contaminated land, drafting letters of appointment, considering environmental reports and drafting and negotiating warranties and indemnities.
  • Legal reviews on issues arising in relation to subsea infrastructure including marine licence and consents review regarding various OFTO projects and a FOAK tidal project.
  • Immediate response on environmental incidents including regulatory investigations, crisis management, interviews under compulsion and under caution and managing statutory requests for information. Prosecutions and enforcement activities including enforcement undertakings advice.
  • Group actions in respect of alleged civil nuisance (odour, pests and noise) arising in relation to various types of facilities and in relation to statutory nuisance.
  • Businesses on carbon reduction and energy efficiency related laws including the Energy Efficiency Directive, Minimum Energy Efficiency Performance Standards, the CRC and the EU ETS.
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Memberships & Roles

  • UKELA
  • Working party member of the Environmental Litigation Group and Water Group
  • HSLA
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Publications

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Education

  • Solicitor-Advocate (Higher Courts – Criminal Proceedings)
  • LLB (Hons), University of Manchester
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Feed

05/12/2023
Connected products security rules to require compliance on sale regardless...
New UK security rules for internet- and net­work-con­nect­able consumer products will apply from April 2024. The rules include a requirement for products to be accompanied by a compliance statement, to have...
29/11/2023
Changes to UK Energy Savings Opportunity Scheme (ESOS) Requirements
Changes to the well-es­tab­lished En­ergy Sav­ings Op­por­tun­ity Scheme (ES­OS), a UK wide mandatory energy assessment scheme, came into force on Thursday, 29 November 2023 by virtue of the Energy Savings...
21/11/2023
UK consults on sector-specific guidance for climate transition plans and...
In order to achieve the UK’s commitment of net-zero greenhouse gas (GHG) emissions by 2050, the UK government, in 2021, committed to move towards making the publication of climate transition plans mandatory...
17/11/2023
UK Call for Evidence on Scope 3 emissions reporting
The Department for Energy Security and Net Zero (DESNZ) is inviting comment until 14 December 2023 on the costs, benefits, and practicalities of Scope 3 greenhouse gas (GHG) emissions reporting in the...
29/09/2023
Waste management in manufacturing – key updates
As part of the UK’s race to net zero, waste management is an area subject to the Environment Agency’s (“EA”) priorities in creating “healthy air, land and water”. A compliant and efficient waste management system is key for manufacturers, in order to control the waste they produce as part of day-to-day business. The life sciences & healthcare sector is no different, and if anything the compliance burden can be more onerous due to the specific and regulated nature of the sector’s products and processes and overlapping compliance requirements - for example, the sector is more likely to use and produce regulated substances, radioactive technology and isotopes, genetically modified organisms, human and animal tissues, and potentially invasive and infective substances and vectors (biohazards), which can complicate manufacturers’ waste management compliance duties. We outline below some key considerations for manufacturers operating in the life sciences and healthcare sector, including the waste regime, civil sanctions and criminal prosecutions.  I. Uncapped penalties It is an established principle of international and national law that polluters must pay for their pollution and harm to the environment. As such, any waste management systems should be strictly controlled to ensure production, storage and disposal of controlled waste is conducted in a way that minimises harm to the environment. Until recently, the civil sanctions in the form of variable monetary penalties (“VMPs”) for pollution offences were limited to a maximum of £250,000 per offence in England under the Environmental Civil Sanctions (England) Order 2010. However, the UK Department for Environment, Food & Rural Affairs (“Defra”) has confirmed it will introduce legislation to remove this current cap and introduce unlimited VMPs as a civil sanction in the Environmental Permitting (England and Wales) Regulations 2016 from 1 December 2023. This means VMPs will be potentially unlimited in England and Wales, subject to considerations like proportionality, and it has broadened the use of VMPs to breaches of the environmental permitting regime. The EA is currently consulting on updating its guidance on how to calculate the amount of VMPs that may be imposed under this new uncapped and expanded VMP announcement, and the consultation closes on 8 October 2023.  II. Track & Trace As part of its drive towards a circular economy, the UK conducted two waste related consultations on (i) waste tracking, and (ii) waste carrier, broker, dealer registration in England. These consultations were underlined by the need to gather more information about the 200 million tonnes of waste that is generated in the UK each year. Due to the lack of information about the handling of waste, the waste management regulations that manufacturers are expected to comply with may not address certain requirements related to different types of waste ef­fect­ively. The first consultation invited responses to a proposal to introduce a mandatory digital waste tracking from the point of waste production, to the point of reaching its end location. It therefore applies not only to those responsible for waste management, but to manufacturing companies who are creating the waste. The overarching aim of this approach is to provide a standard of information specific to the type of waste it concerns, such as hazardous, commercial or industrial waste. The second consultation related to the current carrier, broker and dealer regime in England which requires parties involved in waste management to be registered with the EA. This consultation considered reform that would align with the proposed digital waste tracking system, and proposed moving towards a permit-based system based on different activities with technical competency elements as a prerequisite. It also proposed rewriting the roles under waste management to separate those who transport waste (i.e., carrier) and those who take responsibility for classifying waste. Both consultations have now closed and the government’s response is expected in late 2023. If implemented, these requirements will add onerous obligations for life science and healthcare businesses who will have to address these new obligations for their business’ waste.  III. Criminal prosecution Where an offence is deemed to be so serious that civil sanctions are not satisfactory, the EA may pursue criminal prosecution. In terms of waste management, the EA has announced that it will not hesitate to pursue companies who violate their environmental permits in discharging liquid effluent or waste water to surface water or groundwater. The EA can begin action based on a suspicion that a waste discharge is creating a risk of pollution. Furthermore, for less serious offences the EA has indicated it is increasingly using its ability to accept an enforcement undertaking for suitable cases rather than proceeding with prosecution. Enforcement undertakings are voluntary offers made by an offender to put right the effects of their offending on the environment, on third parties and to make sure the offence cannot reoccur. This allows the restoration of the environment and avoids longer criminal court cases. However, the EA will still prosecute in appropriate cases. IV. Conclusion It is clear that there are big changes coming into the waste sector that manufacturers operating in the life sciences and healthcare sector need to be aware of. In particular, uncapped VMPs are expected to soon apply to the environmental permitting regime, a new track and trace mechanism is expected for waste management to encourage a circular economy, and the EA is focussing on unauthorised discharges of waste water. Manufacturers should keep these developments in mind when considering their current waste management system and when working under any environmental permits held. 
30/08/2023
CBAM Implementing Regulation and Extensive Additional Reporting Guidance...
Earlier this month, the European Commission (“EC”) adopted an Implementing Regulation (“IR”) and released extensive Guidance Documents (“Guidance”) on the practicalities of reporting requirements...
14/08/2023
Recent UKCA announcement not all that it seems – yet?
On 1 August 2023, the UK government’s Department for Business and Trade announced its intention to indefinitely extend the period of recognition of CE marking for a wide range of products. The announcement...
31/07/2023
Plastics and packaging laws in the European Union
1. What is the general legislative framework regulating packaging and plastics waste? General waste management controls in the EU that apply to packaging and plastics waste are found largely in the...
Comparable
28/07/2023
Significant overhaul of EU batteries legislation now law
On 28 July 2023, the EU Regulation on Batteries and Waste Batteries was published in the Official Journal of the European Union (the “Reg­u­la­tion”). It will enter into force twenty days following its...
24/07/2023
CMS bolsters its Energy & Infrastructure practice with Environment partner...
International law firm CMS has bolstered its Energy & Infrastructure team with the appointment of Sinéad Oryszczuk as partner in its London office.Sinéad has extensive environmental and product stewardship...
19/07/2023
Green light given to uncapped variable monetary penalties (VMPs) and their...
SummaryOn 12 July 2023, DEFRA published its response to its recent consultation containing proposals applicable to England to (a) amend or remove the cap on VMPs – one civil penalty among a wide range...
13/07/2023
Nature Restoration Regulation survives European Parliament vote
The European Parliament has voted in favour of the Nature Restoration Regulation originally proposed by the Commission in June 2022. The measure proposes a restoration objective for the long-term recovery...