Environment Agency Investigations

Environmental and waste management has been our focus for more than a decade. That’s why our clients consider us an authority in this area.

We have an in depth understanding of the investigatory techniques and powers of entry of the Environment Agency (EA) and other regulatory bodies. We ensure on our clients' behalf that regulators themselves act lawfully in seeking to enforce the law.

Environment Agency Investigations

In the first instance, The Environment Practice can help you to avoid Environment Agency investigations and actions, through its pro active approach. The senior environmental lawyer assigned to your case will remain your main point of contact at The Environment Practice. They will guide you through the complexities of environmental law and advise you on how to stay compliant throughout the lifetime of your business. Our experts will help you to identify and assess potential environmental risks and find the most efficient ways to comply with environmental legislation, acting as an extended member of your own team.

Where an investigation has been commenced we provide advice and assistance in relation to requests to attend interviews under caution, responding to notices requiring information issued by regulators and ensuring that the investigation process is conducted within the legislative safeguards.

Defending Environment Agency Proceedings

If you have been accused of contraventions of environmental legislation, The Environment Practice is here to ensure that any action is justified and exercised correctly, fairly and proportionately. We have an excellent track record in defending proceedings brought by the regulator where allegations were not made out.

Where there have been non-compliances, we provide advice on rectifying any breaches, improving site management and the best possible outcome for your business allowing you to trade through actions.

Who we’ve helped

Our expertise in this area of the law is extensive and means that we understand exactly what is required to assist you and your business - our results demonstrate this.

We represented our client in the successful Judicial Review of proceedings against the EA in the case of Allensway Recycling Ltd & Ors, R [on the application of] v The Environment Agency [2015]. The Court of Appeal ruled that the Environment Agency had unlawfully executed a warrant on residential premises.

We provided advice and representation at interview under caution of the Remediation Manager of a major land remediation company in relation to allegations of conducting operations without a permit. No further action was taken by the Environment Agency in relation to the allegations.

Following proceedings brought by the Environment Agency against a waste management company in Yorkshire for alleged pollution of a water course (large fish kill), a breach of permit conditions and allegations of causing harm to human health, our client instructed the Environment Practice to act in its defence. This resulted in the Environment Agency discontinuing the proceedings.

In a case that involved several co-defendants, proceedings were brought by the Environment Agency in relation to allegations of illegal waste composting and liquid waste disposal. We represented two companies and their director in relation to the 56-count indictment and related restraint orders. An abuse of process application was advanced by the defence which culminated in the Environment Agency withdrawing the proceedings against our clients and a discharge of the restraint orders.