Environmental law insights

Stay up-to-date with regulation and legislation changes in all areas of environmental law.

31.01.2022

An agency divided: Does the EAs “future model” put profit over environmental protections?

Sir James Bevan recently shared his vision for a “future model” for the EA that would make “regulated industries pay the full cost of their regulation”, causing concerns that the EA intends to concentrate its regulatory effort on regulated operators, a strategy which may divert its focus from pursuing waste criminals who operate outside of the permitting regime. Can the Agency resolve division in its ranks and repair the relationship with those it regulates?

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11.01.2022

EA staff advised not to respond to reports of low impact pollution events

On 10th January, The Guardian reported that along with Ends Report, it had viewed a leaked Environment Agency (EA) briefing document issued to its staff in November advising them that there is leadership support for “no response to unfunded low- and no-impact environmental incidents”.

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07.01.2022

EA publishes ‘resource framework’ guidance

On 6th January, the Environment Agency (EA) announced that operators can make a request for a resource framework which will assist them in identifying the point at which fully recovered waste becomes a non-waste product which can be used in specific markets without the need for waste regulation controls.

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06.01.2022

Bill seeks to restrict quarry developments close to residential areas

A Labour MP has introduced a private member’s bill which aims to prevent local planning authorities from approving quarry developments which will be located near residential areas.

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30.11.2021

The Environment Act: Ground-breaking legislation or a compromise?

On 9th November, the Environment Bill was granted Royal Assent, passing into law as the Environment Act 2021. The Bill was originally hailed by the Prime Minister as a landmark piece of legislation: “a lodestar by which we will guide our country towards a cleaner and greener future.” However, its passage through Parliament has been fraught with difficulty.

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12.10.2021

Walley’s Quarry: The High Court rules that the EA must ‘step up’ and take action

On 16th September the judgment in the case of R (on the application of Richards) v Environment Agency [2021] EWHC 2501 (Admin) was published. The Claimant, a five-year-old boy called Mathew Richards, argued that the EA had failed to discharge its statutory duty under section 6 of the Human Rights Act 1998 to protect his Article 2 right to life and his Article 8 right to respect for private and family life, and had also failed to discharge its public law duties at common law to act reasonably and take reasonable steps to acquaint itself with relevant information.

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