Environment Agency

OUR EXPERTISE
KANGS 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.

Environment Agency, Waste Management & Waste Disposal Investigation

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 substantial financial penalties against the company and/or the individual.

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How can KANGS help with prosecutions brought by the Environment Agency?

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 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

How can KANGS help with waste management & disposal investigations?

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 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.

Got a question?

Can’t find what you need? Get in touch with our experienced team with any questions you have. 

E: info@kangssolicitors.co.uk

T: 0333 370 4333

 

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Environmental Agency, Regulatory
A ‘Stop notice’ is one which may be issued with the intent of prohibiting the carrying out of illegal activities on land. The Regulatory Enforcement and Sanctions Act 2008 provides the civil powers and sanctions used by various regulatory bodies, including the Environment Agency, The Environmental Civil Sanctions (England) Order 2010 (‘the Order’). John Veale of Kangs Solicitors […]
17/02/23
Environmental Agency, Regulatory
Kangs Solicitors has recently defended a client charged with five counts under the Environmental Permitting (England and Wales) Regulations 2010 (‘the Regulations’) at St Albans Crown Court. John Veale, Partner and Head of Regulatory Law at Kangs Solicitors explains how this highly favourable result was achieved in this long running case in circumstances where our client faced, inter alia, a potential custodial sentence.
22/06/22
Environmental Agency, Regulatory
Kangs Solicitors has successfully represented a client facing allegations of contraventions of Section 33 Environment Protection Act 1990 and Regulation 38(1) Environmental Permitting Act (England and Wales) Regulations 2010 arising from an investigation conducted by the Environment Agency which commenced in December 2014. John Veale of Kangs Solicitors reports upon the circumstances. The Circumstances | […]
02/12/19

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