R&I spotlight on environmental law
Produced in partnership with Emma Sadler of Addleshaw Goddard
R&I spotlight on environmental law

The following Restructuring & Insolvency practice note produced in partnership with Emma Sadler of Addleshaw Goddard provides comprehensive and up to date legal information covering:

  • R&I spotlight on environmental law
  • What are the main laws and regulations governing this area?
  • Contaminated Land Regime
  • Other regulatory regimes
  • Third party civil claims
  • Can you give any examples of the type of insolvency situations where environmental issues may arise?
  • Why is this area relevant to IPs and their staff?
  • What are the considerations prior to an appointment of an IP?
  • What is the risk of personal liability for an IP?
  • Contaminated Land Regime
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for R&I?

What are the main laws and regulations governing this area?

There are three main sources of environmental law that an insolvency practitioner (IP) should be aware of and which may result in personal liability for the IP. These are:

  1. contaminated land legislation (the Contaminated Land Regime)

  2. other regulatory regimes (expanded below), and

  3. third party civil claims

Contaminated Land Regime

Local authorities have a duty under Part IIA of Environmental Protection Act 1990 (EPA 1990) to:

  1. investigate their areas for the presence of contamination

  2. identify contaminated land, and

  3. require clean-up where appropriate

If the authority identifies contaminated land, liability for cleaning up the contamination rests initially with Class A persons. This can be:

  1. the original or subsequent polluter—Class A ‘causers’, or

  2. any persons who knowingly permit contamination—Class A ‘knowing permitters’ (ie someone who is aware of contamination and who is in a position to do something

Popular documents