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Environmental enforcement

The challenges faced by our clients

Unlike other forms of crime, environmental crime is rarely committed deliberately. Unfortunately, proof of intention is not a pre-requisite to successful enforcement action by way of abatement, formal notice or prosecution and the environmental regulators enforce their laws with a presumption in favour of prosecution.

In fact, the Environment Agency, on its website, claims '…every year we bring hundreds of offenders to justice, leading to millions of pounds of fines.'

No matter how conscientious an organisation might be, it is impossible to remove every possibility that an environmental incident might occur. The way in which incidents and investigations are responded to has a significant influence on any subsequent regulatory action, not only in terms of whether, but also - crucially - how they might be pursued.

How we can help

In advising on environmental enforcement we can draw on the experience of former regulators as well as many years experience in emergency and strategic response from incident to appeal court.

How we have helped others

• Advising a chemical manufacturer in relation to a gaseous discharge resulting in the hospitalisation of six individuals.
• Advising on an investigation into a major explosion and fire resulting in significant emissions to air and polluting discharges to surface and groundwaters.
• Representing a crop treatment company following a release of fertiliser polluting two kilometres of watercourse.
• Secured the complete acquittal of a client charged with offences under the Protection of Badgers Act 1992.
• Represented clients in relation to odour and noise nuisance abatement notices.