Challenging ‘Business as Usual’: Jessica Allen on Access to Justice for Marine Conservation

By Renee Karunungan

 

Jessica Allen is a barrister specialising in environmental and planning law. She has extensive experience in public law cases involving climate, habitats, and conservation issues, and regularly provides pro bono advice and representation through the Environmental Law Foundation (ELF). Her commitment to environmental justice is reflected in her ongoing support for community and NGO-led efforts to protect vulnerable ecosystems.

About the case:
The Brighton Marina case focused on the environmental implications of ongoing dredging and other marine activities within the Beachy Head West Marine Conservation Zone (MCZ). The case, brought with the support of Sussex Wildlife Trust and coordinated by ELF, questioned whether sufficient environmental assessment and monitoring were being carried out in line with the area’s conservation designations. It sought to ensure that activities within the MCZ respect the area’s protected status and the wildlife that depends on it.

 

What motivated you to get involved in this case?
I am always so impressed with the important but immense workload that Sussex Wildlife Trust and other environmental organisations take upon themselves to monitor the state of our natural environment and to promote its conservation for the public benefit. This case offered a timely opportunity to highlight all of that important work and intervene at a critical stage in the conservation history of the Beachy Head West Marine Conservation Zones (‘MCZ’).

What impact do you think the outcome will have?
The outcome of this case will be significant because it has huge potential to disrupt the ‘business as usual’ approach that is so often taken to activities carried out in areas that subsequently attract essential environmental designations, such as MCZs. The idea that an activity has been ongoing for some time is no justification for a lack of rigour in environmental monitoring and assessment or the consideration of new alternatives. Knowledge can be a gamechanger, and actors need to respond accordingly.

How did ELF’s coordination or support help make it happen?
As always, ELF has played a fundamental role in bringing this case forward. ELF is uniquely positioned to advise claimants at a very early stage of case development and identify key issues, several of which fed into the claim that was eventually brought. ELF also provided invaluable assistance to the claimants by ensuring that they were able to access legal representation within their budgetary constraints — a problem that so many claimants face in environmental judicial review.

What does pro bono mean to you in practice?
Access to justice is at the heart of my practice at the Bar, particularly as an environmental lawyer, and I am so pleased to be in a position where I am able to give so much time at low or no cost to ELF and other organisations around other work commitments. Quite apart from the ensuing benefits for my own professional development, it is such a joy to feel that you are contributing positively to something so much bigger than yourself.

Get involved:
At the Environmental Law Foundation, we rely on our network of dedicated pro bono lawyers, barristers, academics and students to ensure that communities — and nature — can access justice. Whether you’re new to environmental law or looking to deepen your impact, your time and expertise can make a real difference.