Tag Archives: Environment Agency

July 2021 Update: frESH Law Horizons: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

Our Environmental, Safety & Health team is pleased to share with you the latest edition of our monthly newsletter, frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure; providing bite-size updates on EU and UK law, procedure and policy. The updates covered in this month’s edition include (among … Continue Reading

June 2021 Update: frESH Law Horizons: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

Our Environmental, Safety & Health team is pleased to share with you the latest edition of our monthly newsletter, frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure; providing bite-size updates on EU and UK law, procedure and policy. This month’s edition includes the following: Airline company fined … Continue Reading

US EPA Proposes New Rule Modernizing and Streamlining EAB Review Process

On November 6, 2019, the U.S. Environmental Protection Agency (US EPA) proposed a new procedural rule titled “Modernizing the Administrative Exhaustion Requirement for Permitting Decisions and Streamlining Procedures for Permit Appeals” (the Proposal). The Proposal represents the first update to the Environmental Appeals Board (EAB) in 27 years. Specifically, the Proposal would impact the EAB’s … Continue Reading

How Thoroughly do UK Businesses Need to Investigate What Happens to Their Waste After They Have Transferred It?

A recent prosecution by the Environment Agency, where a company was ordered to pay £327,000, has highlighted potentially difficult issues for businesses in complying with the statutory waste duty of care. What is the Statutory Waste Duty of Care? All businesses generate waste of some description: from paper and kitchen waste in offices, to hazardous … Continue Reading

Left In The Lurch – Another UK Landlord Convicted Following Tenant’s Unlawful Waste Operations

Recent caselaw demonstrates that regulators are prepared to prosecute landlords as a direct result of their tenants’ unlawful waste operations. Landlords should consider this possibility when negotiating with prospective tenants and put in place reasonable safeguards to protect themselves. However, victims of fly-tipping may potentially face a similar risk of prosecution against which such safeguards … Continue Reading

March 2018 Update: Key Developments in UK and EU Environment, Safety and Health Law and Procedure

We are pleased to share with you the latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure”, a monthly newsletter that provides bite-size updates on EU and UK law, procedure and policy. This month, we summarize nearly 30 developments of interest within the UK and … Continue Reading

February 2018 Update: Key Developments in UK and EU Environment, Safety and Health Law and Procedure

Check out the February 2018 edition of the UK Environmental, Safety & Health team’s monthly newsletter, frESH Law Horizons: Key Developments in UK and EU Environment, Safety and Health Law and Procedure, for “bite-sized” updates on EU and UK law and policy on the following hot topics:… Continue Reading

January 2018 Update: Key Developments in UK and EU Environment, Safety and Health Law and Procedure

Check out the January 2018 edition of the UK Environmental, Safety & Health team’s monthly newsletter, frESH Law Horizons: Key Developments in UK and EU Environment, Safety and Health Law and Procedure, for “bite-sized” updates on EU and UK law and policy on the following hot topics:… Continue Reading

Enforcement of UK Waste Exemptions – No Longer the Light Touch?

Registered waste exemptions are not to be treated lightly and compliance with their conditions is not flexible, as the Environment Agency has reinforced in a recent case.  A lengthy investigation culminating in a nearly £20,000 fine has been handed down by Chelmsford Magistrates Court in relation to illegal deposits of waste on farmland in Essex. … Continue Reading

UK Regulator Growth Duty – A New Era in Decision Making?

The economic growth duty came into force on 29 March 2017 under the Deregulation Act 2015 (the “DA 2015”) and requires many regulators in England and Wales to have regard to the “desirability of promoting economic growth”, alongside the delivery of protections set out in relevant legislation. The regulators to which it applies are set … Continue Reading

Enforcement Undertakings for Environmental Permitting Offences – A ‘Win-Win’ Scenario?

On 6 April 2015, the Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2015/324 came into force and conferred upon the Environment Agency the power to accept enforcement undertakings in respect of certain offences under the Environmental Permitting (England and Wales) Regulations 2010/675 (“EPR”). This development, which had been long anticipated, means that an offender … 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
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