What does the Environment Agency do?
The Environment Agency is a governing body that works with local authorities to regulate and enforce such regulations.
Environment agency investigations can be launched due to allegations or suspicion of:
- Harming protected species
- Civil claims
- Contaminating land
- Disposal of waste and fly-tipping
- Failure to comply with notices or sanctions
- Green space issues
- Improper disposal of harmful chemicals or radioactive material
- Noise pollution
- Planning permission
- Specific use of listed buildings
- Unacceptable pollution of the local area
- Unsafe use or storage of potentially hazardous chemicals
- Water pollution
What happens if you are found to be in violation of environmental laws?
There can be a lot at stake during environment agency investigations. Punishments can include unlimited fines or even imprisonment for very serious offences. As a business owner, if convicted, you won’t be able to be a director or manager of a business in the future, hence why you need a solicitor to support you through it.
High fines can be given out, up to millions of pounds, depending on the company’s size, often acting as a warning to other businesses and their directors of the ramifications of non-compliance.
Additional outcomes if convicted, could include:
- Enforcement notices
- Works notices
- Prohibition notes
- Suspension or revoking of licences
- Variation of licencing conditions
- Injunctions
- Remedial works, of which the EA will recover the costs from those responsible
Case Study
Environment Agency v C
Rachel Fletcher represented a company and its Directors who were prosecuted under Regulation 12 of the Environmental Permitting Regulations (England and Wales) 2016.
The prosecution case was that the company was operating a waste facility which requires a permit. It was the defence case that they were not operating a waste operation and, as such, do not require a permit. The case centred around the nuances of waste crushing, screening and removal.
Rachel instructed an expert, a former enforcement officer of the Environment Agency, and they worked together with Counsel to avoid a trial which may have resulted in a significant financial penalty or custodial sentence.
The company accepted a caution and was able to continue its operations after the protracted proceedings.