Contamination and pollution

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Brexit deal doesn’t force UK to follow EU’s carbon market expansion, official says

The following Energy news provides comprehensive and up to date legal information on Brexit deal doesn’t force UK to follow EU’s carbon market expansion, official says

Retained EU law—a guide for the perplexed

The following Banking & Finance news provides comprehensive and up to date legal information on Retained EU law—a guide for the perplexed

2021—a year of intense regulatory activity on net zero policy

The following Energy news provides comprehensive and up to date legal information on 2021—a year of intense regulatory activity on net zero policy

Challenges to the validity of retained EU law

The following Corporate Crime news provides comprehensive and up to date legal information on Challenges to the validity of retained EU law

Featured Environment content

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it....

What is a contract of insurance?

This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of...

Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiries

Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are...

Compensation orders in criminal cases

What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...

Practice notes

Lease transactions toolkit (environmental issues)—Commercial Property Standard Enquiries and additional environmental enquiries

Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for...

Produced in partnership with ELM Law 12th Jan

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

General principles of insurance contract law

What is insurance law?Insurance law can be split into three parts:•insurance contract law which governs the contractual relationship between insureds...

9th Nov

In-house

Practice notes

Waste types and controls—controlled waste

Controlled waste is subject to legislative control. It is defined in Part II to the Environmental Protection Act 1990 (EPA 1990), see Definition of...

9th Nov

Practice notes

Forfeiture

The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...

9th Nov

Practice notes

Judicial review—what it is and when it can be used—Scotland

Background to judicial review in ScotlandJudicial review represents the means by which the courts control the exercise of governmental power. Judicial...

Produced in partnership with Carolyn Morgan of Harper Macleod LLP 12th Jan

Scottish Law

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Practice notes

Appealing a conviction in the Crown Court

This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...

Produced in partnership with Doughty Street Chambers 12th Jan

Practice notes

Public nuisance—general principles

Public nuisancePublic nuisance involves a nuisance being carried out, which affects a section of the general public. It has been defined as: 'acts or...

9th Nov

Practice notes

Local authorities—powers to investigate environmental crime

When do local authorities investigate environmental offences?Environmental offences cover a broad range of crimes which affect the surroundings we...

Produced in partnership with Laura Phillips of 6 Pump Court 12th Jan

Practice notes

Overview of the EU legal system

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 12th Jan

Brexit

Practice notes

Presumption in favour of sustainable development

Policy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published on 27 March 2012, taking immediate effect. It...

9th Nov

Practice notes

Double funding

Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...

9th Nov

Most recent Contamination and pollution content

Practice notes

Steps an Insolvency Practitioner (IP) should take when faced with contaminated land

Background to the contaminated land regime (the regime)What is it?Contaminated land is any land which appears to the local authority in whose area it...

Produced in partnership with Bond Dickinson LLP 15th Jan

Practice notes

Contaminated land—category four screening levels

What are Category 4 Screening Levels?Category 4 Screening Levels (C4SL) provide technical guidance for environmental consultants and regulators when...

Produced in partnership with Adam Czarnecki of Earth, Environmental & Geotechnical Ltd 15th Jan

Practice notes

Contaminated land—interaction with other regimes

Contaminated land'Land contamination' is a general term used to describe any land that may be contaminated in some way. 'Contaminated land', is a...

15th Jan

Practice notes

Environmental Permitting Regulations 2016—groundwater activities

Coronavirus (COVID-19): To help businesses cope with the disruption caused by Coronavirus, COVID-19, the Environment Agency (EA) has published a...

Produced in partnership with Craig Burman of Schofield Sweeney 15th Jan

Practice notes

Doha Climate Gateway 2012—snapshot

TitleDoha, Climate Gateway (COP18/CMP8)LocationDoha, QatarDate26 November - 8 December 2012SubjectImplementation of the United Nations Framework...

15th Jan

Practice notes

Planning and air quality

Air quality is an increasingly important concern, for both central government and local authorities. Policies to manage and improve air quality are...

15th Jan

Practice notes

Contaminated land—voluntary remediation

Owners of land affected by contamination may decide to remediate the land without formal action under the Environmental Protection Act 1990, Pt IIA...

15th Jan

Practice notes

Environmental damage—when does the environmental damage regime apply?

The environmental damage regime (EDR) applies to environmental damage in England and Wales. It requires operators of activities responsible for...

Produced in partnership with Begonia Filgueira FIEMA of Acuity Legal 15th Jan

Practice notes

EU ETS Phase III UK implementation—legal framework, key obligations and administration

Originally produced in partnership with Navraj Singh Ghaleigh, Senior Lecturer in Climate Law, University of EdinburghBrexit impact11 pm (GMT) on 31...

15th Jan

Practice notes

CRC Initial Phase (Phase 2)—qualification and registration

The CRC Energy Efficiency Scheme (CRC Scheme)The CRC Scheme is a mandatory emissions trading scheme in the UK that aims to cut carbon dioxide...

15th Jan

Practice notes

EU ETS Phase III UK implementation—regulated activities, operators, and installations

Originally produced in partnership with Navraj Singh Ghaleigh, Senior Lecturer in Climate Law, University of EdinburghThe EU Emissions Trading System...

15th Jan

Practice notes

Groundwater Directive 2006/118/EC—snapshot

TitleDirective 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and...

15th Jan

Practice notes

Water remediation—anti-pollution works

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

15th Jan

Practice notes

Fuel Quality Directive 2009/30/EC—snapshot

TitleDirective 2009/30/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98/70/EC as regards the specification of...

Produced in partnership with Laura Bolado 15th Jan

Practice notes

Contaminated land—enforcing authorities' costs recovery for remediation work

When can costs be recovered by an enforcing authority?Subject to the Environmental Protection Act 1990, ss 78J(7) and 78K(6) (EPA 1990), an enforcing...

15th Jan

Practice notes

Energy Performance of Buildings Directive (recast)—snapshot

Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...

15th Jan

Practice notes

Environmental damage—overlap with other regimes

This Practice Note looks at the overlap of the environmental damage regime (EDR) with:•the environmental permitting regime (EPR) under the...

Produced in partnership with Begonia Filgueira FIEMA of Acuity Legal 15th Jan

Practice notes

Carbon markets—price of Carbon

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

Produced in partnership with Navraj Singh Ghaleigh of Senior Lecturer in Climate Law, University of Edinburgh 15th Jan

Practice notes

Contaminated land—identifying Class A and B appropriate persons

Determining liability for remediationIdentifying the appropriate person(s) who may be liable for remediation under Part IIA of the Environmental...

15th Jan

Practice notes

Contaminated land—determinations

Who makes the determination?Local authorities (LAs) have sole responsibility for determining whether land is contaminated land under the Environmental...

15th Jan