Winner of the Legal 500 - 'Criminal, Fraud & Licensing Law Firm of the Year 2019'
Environment Agency, Waste Management & Waste Disposal
Kangs Solicitors has considerable experience in advising corporate clients, directors, employees and individuals in relation to investigations and prosecutions by the Environment Agency (EA).
We are able to advise clients in relation to regulatory investigations and prosecutions brought by the Environment Agency.
The legislation in this area is fast moving. Corporate and individual clients need to be aware of their responsibilities and duties.
The Environment Agency has a wide array of powers from issuing enforcement and works notices, suspending or revoking environmental permits to undertaking remedial works and recovering the costs of such work from the company or individual responsible.
In addition, if the matter results in the Environment Agency bringing a prosecution, the Court has the power to impose not only custodial sentences for this type of offence but also levy extremely large financial penalties against the company and/or the individual.
We have acted in numerous Environment Agency investigations and our experience shows that it is important to meet at an early stage to discuss all the potential options and then formulate a defence strategy that will serve the client well throughout the investigation stage and any court proceedings that may follow in due course.
At Kangs Solicitors we can assist clients in defending allegations such as:
- breaches of environmental permits, exemptions, registrations & licences
- water pollution
- land contamination
- unlawful disposal/dumping of hazardous substances (asbestos, harmful chemicals, radioactive material)
- fly tipping
Waste Management | Waste Disposal
We have particular experience of dealing with cases involving the waste disposal industry and instances of alleged breaches of the Environmental Permitting Regulations 2010 (i.e. breaches of the terms of the Environmental Permits).
The terms of the Environmental Permit can be detailed and need to be fully understood properly before it can be assessed as to whether there has been any breach at all. On occasions we may be able to demonstrate to the Environment Agency at an early stage in the investigation (through expert evidence or otherwise) that the terms of the Environmental Permit have not been breached, thereby resulting in an early resolution to matters.
This is a complex area of law and there are many factors that need to be considered when formulating a defence strategy. Below are some initial matters for consideration with more detailed matters to be followed up depending on the individual facts of each case:
- what is the legal definition of waste?
- who is the onus on to prove that the substance is actually waste or not?
- can the waste operator apply for an Exemption from the Permitting Regime?
At Kangs Solicitors we can assist with such details and ensure that the appropriate defence strategy is adopted in each case.
We will provide proactive advice and assistance to include representation at any interview under caution with the Environment Agency and representation at any subsequent court proceedings.
We welcome new enquiries by telephone or email and we are happy to provide an initial no obligation consultation to explore the issues in your case and to provide an assessment of what we can do to assist you.
The exceptional Kangs Solicitors
They have a very good work ethic and are very well organised. Superb service
They have considerable strength and depth and really cater for the needs of their clients. They are also very commercially aware
Nothing is ever not done
More often than not, the superior financial resources of a proposed opponent deters many aggrieved prospective Claimants from pursuing their rights through the civil courts. Stuart Southall of Kangs Solicitors considers the case of Bentley 1962 Limited & Another v...
The Anti-Social Behaviour, Crime and Policing Act 2014 introduced Sexual Risk Orders (‘an Order’) which are controversial to the extent that an Application for an Order can be made even if the subject of the Application has not been convicted or cautioned for a sexual...
The Scrap Metal Dealer Act 2013 (‘the Act’) was enacted to regulate the industry and it creates criminal offences for those individuals and companies failing to comply. Tim Thompson of Kangs Solicitors outlines some of the provisions. The Law | Kangs Scrap Metals...
The law makes provision for anyone subject to a Director Disqualification Order by virtue of a Disqualification Undertaking to apply to the court for its variation or even provide for it to cease to be in force. Tim Thompson of Kangs Solicitors briefly discusses...
Kangs Solicitors has recently successfully acted for a client seeking the release of funds, which had been made the subject of an Account Freezing Order (‘AFO’), and which the Crown was seeking to forfeit. Tim Thompson of Kangs Solicitors explains the circumstances....
2 Wake Green Road, Moseley
Birmingham, B13 9EZ
0121 449 9888
9 Carmelite Street,
London, EC4Y 0DR
020 7936 6396
76 King Street
Manchester, M2 4NH