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Contaminated land
The challenges faced by our clients
Part 2A of the Environmental Protection Act 1990 formulates a regime for dealing with the problems associated with contaminated land. It imposes duties on local authorities to inspect their area so as to identify contaminated land, and creates a complex matrix of strict and retrospective liability for remediation of the land identified as contaminated.
How we can help
Our team has extensive experience of advising on the contaminated land regime. For example, we can:
- advise on the mechanisms available for avoiding the service of a remediation notice under the Contaminated Land Regime
- advise on liability in particular cases such as those involving lenders, insolvency practitioners and parent companies
- check legislation and guidance to ensure that the Regime is being applied accurately and proportionately to your business and, where appropriate, make use of the many exclusions available to parties under the Regime to avoid liability
- negotiate with the relevant statutory bodies in respect of the apportionment of liability and requirements, with regard to remediation and compensation
- challenge the service of remediation notices through the appeal process or otherwise by appeal through judicial review
- deal with the appointment of technical consultants to assist in the identification of contamination and, where necessary, its remediation
- defend any enforcement action threatened or undertaken.
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