Environmental risks and liabilities

Copyright © 2025 LexisNexis

Environmental risks

What is an environmental risk?

An environmental risk is a combination of the probability, or frequency, of occurrence of a defined hazard and the magnitude of the consequences of the occurrence.

Environmental risks encompass a broad range of environmental issues both natural and human induced, including issues such as:

  1. •

    land contamination

  2. •

    air pollution

  3. •

    water pollution

  4. •

    flooding

  5. •

    asbestos

  6. •

    exposure to hazardous substances

  7. •

    subsidence and sinkholes

Environmental risk assessment

Environmental consultants and other technical experts can advise if particular environmental or safety risks are likely to lead to harm to the environment or human health. The risk assessment can also advise whether there is a risk of legal or contractual liabilities or any requirements for capital expenditure. See Practice Notes:

  1. •

    Environmental risk—environmental risk assessment

  2. •

    Contaminated land—risk assessment

  3. •

    Contaminated land—category 4 screening levels

  4. •

    Flooding—flood risk assessment

Identifying environmental risks and liabilities

The process of identifying risks and potential liabilities can be undertaken for several purposes, including:

  1. •

    due diligence in connection with corporate, property and banking transactions

  2. •

    compliance with environmental law, permits and planning obligations

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Environment News

Government to announce £7.9bn flood defence investment programme

The Department for Environment, Food & Rural Affairs (Defra) has confirmed that the government is set to announce a record £7.9bn flood defence programme as part of its upcoming Infrastructure Strategy. The ten-year investment programme aims to protect homes, businesses and critical infrastructure from flooding through measures such as high-performance flood barriers and wetland restoration. For every £1 invested, approximately £8 in economic damage is expected to be prevented. The programme includes a £4.2bn allocation for 2026–27 to 2028–29, as outlined in the government’s 2025 Spending Review, covering both capital and resources, including the construction of new defences and the maintenance of existing ones.

EA publishes updated water company drought plan guideline

The Environment Agency (EA) has published an updated technical guideline for water companies and New Appointments and Variations (NAVs) companies to follow when preparing statutory drought plans, replacing the 2020 version. The guideline, developed in collaboration with the Department for Environment, Food and Rural Affairs, applies to companies operating wholly or mainly in England, and it also covers requirements for water retailers.

EA publishes response to consultation on amine-based carbon capture EALs

The Environment Agency (EA) has published the response to its January 2025 consultation on developing Environmental Assessment Levels (EALs) for the amine-based carbon capture process. Following stakeholder feedback, the EA will proceed with publishing six of the seven proposed EALs. The EAL for aminomethylpropan-1-ol (AMP) remains under review and is currently excluded from the updated EALs. The new EAL values will be published on GOV.UK.

Welsh Government responds to independent marine planning review findings

The Welsh Government's Deputy First Minister Huw Irranca-Davies has announced the findings of an independent review of Welsh marine planning approaches. The review, commissioned following a recommendation from the Climate Change, Environment and Infrastructure Committee, endorsed the 2019 Welsh National Marine Plan as fit for purpose. In response, the government announced several initiatives including a study on marine net benefit approaches, expansion of Strategic Resource Areas (SRAs) and Wales's first detailed spatial assessment of its seas. These measures aim to balance marine development with ecosystem protection while supporting the government's climate and nature commitments.

View Environment by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
What is the difference between an appeal and a review?

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Contributory negligence in personal injury claims

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a