Environment Agency Investigations

If your business is found to be in violation of environmental laws in an environment agency investigation, punishments could include fines and prison sentences. It’s crucial to have an expert defence solicitor by your side throughout.

If the environment agency has grounds to suspect you or your business of an environmental offence, you will usually be invited to an interview under caution.

Environment agency investigations can put a lot at stake, depending on the severity of the allegations.

When facing an interview under caution, also known as a PACE interview, it can be paramount to have an expert solicitor by your side to ensure all responses are measured and accurate.

Regardless of whether the interview takes place at your offices or in the police station, this interview is a serious matter which can be used as evidence in the investigation.

We cannot stress enough the importance of seeking legal support as soon as you discover an environment agency investigation has been launched.

The consequences of being found guilty in an environment agency investigation can be vast and unlimited.

As such, please seek expert advice at the outset so we can be with you to advise on your next steps throughout the process.

If you need to speak to a regulatory expert, call us on 0161 969 3131 or fill in the contact form opposite.

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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.

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