Environmental damage—remediation and other notices
Produced in partnership with Begonia Filgueira of Foot Anstey
Environmental damage—remediation and other notices

The following Environment guidance note Produced in partnership with Begonia Filgueira of Foot Anstey provides comprehensive and up to date legal information covering:

  • Environmental damage—remediation and other notices
  • Brexit impact
  • Notices
  • Notice to prevent damage
  • Notice to prevent further damage
  • Charging notice
  • Remediation liability notice
  • Remediation notice

Environmental damage attracts liability under the environmental damage regime (EDR) and comes from the Environmental Liability Directive 2004/35/EC. See Practice Note: EU Environmental Liability Directive—snapshot.

The EDR is implemented in England and Wales through the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (EDR England), SI 2015/810, and the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 (EDR Wales), SI 2009/995.

The EDR requires operators of activities responsible for serious environmental incidents to prevent and remedy the damage. For more information on the EDR, see Practice Notes:

  1. Environmental damage regulations—overview

  2. Environmental damage—when does the environmental damage regime apply?

  3. Environmental damage—what does it cover?

  4. Environmental damage—potential liabilities

  5. Environmental damage—operators’ obligations, enforcement, offences and appeals

  6. Environmental damage—Summary of enforcement options

Where damage has been caused and there are reasonable grounds for believing that it is, or may be, environmental damage, the enforcing authority must establish whether or not it is environmental damage.

Brexit impact

As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content.

For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.