Anita Lloyd

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February 2022 Update: EU Sustainability Outlook: Key Developments In EU Sustainability Law and Policy

Our European Public Policy team is pleased to share with you our monthly newsletter, Sustainability Outlook – European Union which looks at key developments in EU sustainability law and policy. This month’s edition includes the following:… Continue Reading

Consultation is opened on the Office for Environmental Protection’s (OEP) draft strategy and enforcement policy (UK)

The consultation seeks views on the new regulator’s plans, which set out how it will protect and improve the environment by holding public authorities to account. The draft strategy defines what the OEP considers to be a “public authority” and this includes the government, government agencies, local authorities and similar organisations, and private companies carrying … Continue Reading

Record £90 Million Fine for a “Flagrant Disregard” of UK Environmental Law Calls for Boards of Directors to Take Note

On 19 August, the sentencing remarks of Mr Justice Johnson were published in relation to the recent £90 million fine issued to Southern Water for sewage pollution.  The remarks provide a full breakdown and description of how this record fine was calculated, and provide comments and conclusions on a number of issues that are likely … Continue Reading

The Future of Green Energy – UK Perspective

Climate Policy, Automation, Climate and Ethics (PACE) are at the heart of significant global changes that in turn affect corporate behaviours and governance. On 23 November 2020, we hosted a panel discussion on The Future of Green Energy.  Joined by The Rt. Hon. Kwasi Kwarteng, Richard Gwilliam at Drax, Helen Boyle at Cadent Gas, Victoria Merton … Continue Reading

Talk to the Experts Virtual Forum: Complying With REACH – Why Changes to Chemicals Regulation Matter Across Many Industrial Sectors in a Post-Brexit World

The chemical regulation EU REACH will cease to apply in the UK at the end of the transitional period (31 December 2020), resulting in major implications for anyone supplying chemicals into the EU or UK, as well as those further down the supply chain who buy and use chemicals. Whether you are a manufacturer, importer … Continue Reading

Revised UK REACH Roadmap: Are You Ready For the New UK Chemical Regulation?

At the end of the transitional period, on 31 December 2020, the chemical regulation EU REACH will cease to apply in the UK. This will automatically invalidate EU REACH registrations and authorisations held by UK companies. A stand-alone UK chemical regulation UK REACH will replace EU REACH in the UK. UK-based EU REACH registrants, therefore, need … Continue Reading

UK Plastic Packaging Tax Proposed

From April 2022, the UK government is proposing to introduce a new tax on plastic packaging manufactured in or imported into the UK containing less than 30% recycled plastic.  Currently, the detailed policy design for the plastics tax is under consultation until 20 August 2020 (the period has just been extended by 3 months due … Continue Reading

UK Supreme Court Considering Parent Company Liability for Environmental Harm Caused by Overseas Subsidiaries

In Vedanta Resource PLC and another v Lungowe and others the UK Supreme Court has held that a claim for negligence and breach of statutory duty against a mining company based in Zambia and its English parent can be heard by the UK courts. In so doing, this landmark decision has potentially opened the door to … Continue Reading

Increased Risk of Clean-Up Liability for Owners of Closed Council Landfill Sites in England and Wales

A recent Court of Appeal case, Powys County Council v Price and Hardwick, has addressed the issue of liability of successor public authorities under the UK contaminated land regime (Part 2A Environmental Protection Act 1990) (“Part 2A”). The case related to a landfill site that had been operated by local authorities of the county of … Continue Reading

UK Government Issues Guidance on Minimum Energy Efficiency Standards for Leased Property

Beginning 1 April 2018, under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (commonly referred to as the MEES Regulations), non-domestic landlords must ensure that any properties they rent out in England and Wales have an energy efficient rating of at least an E (using the A-G rating system from Energy Performance Certificates … Continue Reading

UK Environmental Audit Committee Calls For Brexit Environmental Protection Law

The UK Environmental Audit Committee (a cross-party parliamentary select committee which considers how well government policies and programmes contribute to environmental protection and sustainable development) has published its report on “The Future of the Natural Environment after the EU Referendum”.  The report makes a series of recommendations for actions that the Government should take during … Continue Reading

Implications Of The Brexit Vote On UK Environmental Law And Policy

Following a referendum which has polarised the nation, the people of the UK have voted to leave the European Union. Stepping away from the political rhetoric and posturing, it is worth reflecting on some of the more practical issues which will arise from this decision, such as how it could affect our environmental law landscape. … Continue Reading

EU CLP Regulation Implementation – what has happened since June 2015?

The latest edition of the British Safety Council’s magazine, Safety Management, features an update article by Anita Lloyd on the implementation of the EU Classification, Labelling and Packaging (CLP) regime for chemicals. June 2015 was the deadline for implementation of EU Regulation 1272/2008 on the Classification, Labelling and Packaging of Substances and Mixtures (CLP). Companies in … Continue Reading

Brexit – What are the implications for UK environmental law and policy?

The topic of the moment in the UK is whether Brexit will be a good or a bad thing for the UK, and it seems to be polarising the nation. Stepping away from the political rhetoric and posturing, it is worth reflecting on some of the more practical issues arising from a UK exit from … Continue Reading

Are you ready for the new EU Classification Labelling and Packaging regime?

The latest edition of the British Safety Council’s magazine, Safety Management, features an article by Anita Lloyd on the EU Classification, Labelling and Packaging (CLP) regime for chemicals. From 1 June 2015, companies are obliged to use the CLP system for chemical substances and mixtures.  This will require significant changes to be made to labels, safety … Continue Reading

UK Privatised Water Companies – Not so Private!

The UK’s Upper Tribunal (“UT“) has ruled in Fish Legal v Information Commission and others that privatised water utility companies in England and Wales are considered to be “public authorities” for the purpose of the Environmental Information Regulations (2004) (“EIR“) due to their “special powers” above those of private law. The judgement means that water … Continue Reading

Use of civil sanctions for UK environmental permitting finally ‘sanctioned’!

As we reported in June 2015, the use of civil sanctions have applied to a range of environmental offences since June 2011, with the notable omission of environmental permitting offences under the Environmental Permitting (England & Wales) Regulations 2010 (EPR), which account for a relatively large amount of prosecution activity by the Environment Agency (EA). … Continue Reading

Use of civil sanctions for environmental permitting still in prospect for the UK?

Traditionally, environmental offences in the UK have been dealt with by way of criminal sanctions, like cautions and prosecutions, with ensuing fines and even imprisonment in certain cases.  With the introduction of the Regulatory Enforcement and Sanctions Act 2008, a new range of civil sanctions were opened up for use by regulators choosing to adopt … Continue Reading

No alarms and no surprises – environmental aspects of the UK 2013 Autumn Statement

On 5 December 2013 the Chancellor of the Exchequer delivered his Autumn Statement for 2013. The environmental measures it contained had largely been announced in the run up to the budget statement, so there were no real surprises on the day. The main environmental announcements were: Allowance prices for the next round of sales under … Continue Reading

Shale gas firms to be subject to ‘robust’ new EU Law

A report published this week has identified that a new ‘muscular legislative package’ is being prepared by the European Commission, bringing shale gas companies operating within the EU under a regime which will be “robust enough” to cater for the inherent environmental risks of the industry. The new regime, which is likely to take the … Continue Reading

Up the Creek? Flood risk insurance update

Flooding has become an increasing widespread property risk in the UK in recent years.  Flooding caused £400 million worth of damage in 2012 alone, and over 5 million properties in England and Wales are at risk of flooding (that’s almost 1 in 6 properties). The insurance industry’s 2008 Statement of Principles (Principles) set out a … Continue Reading
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