Environmental law

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Environmental law guidance:

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note collates and summarises notable archived decisions and case law rulings relating...

Practice Note

Brexit impact This content is likely to be impacted by the UK’s withdrawal from the EU. For information on how leaving the EU will affect environmental law, see Practice...

Practice Note

Determining liability Enforcing authorities should follow the five step procedure set out in the statutory guidance for determining liability under the Environmental...

Practice Note

Determining liability Enforcing authorities should follow the five step procedure set out in the statutory guidance for determining liability under the Environmental...

Practice Note

Determining liability Enforcing authorities should follow the five step procedure set out in the statutory guidance for determining liability under the Environmental...

Practice Note

What is contaminated land? 'Contaminated land' is a specific legal term defined in the Environmental Protection Act 1990, Pt IIA (EPA 1990). The contaminated land regime...

Practice Note

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

Practice Note

Consequences of non-compliance If a requirement in a remediation notice has not been carried out, the enforcing authority will need to consider whether to: • prosecute •...

Practice Note

This Practice Note outlines the contaminated land enforcing authorities in England and Wales under Part IIA of the Environmental Protection Act 1990 (EPA 1990). Who is...

Practice Note

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 authority is...

Practice Note

When can enforcing authorities carry out remediation work? Enforcing authorities have power to do what is 'appropriate' by way of remediation under the Environmental...

Practice Note

Requirement for remediation Enforcing authorities must ensure that any land they identify as contaminated land under the Environmental Protection Act 1990, Pt IIA (EPA...

Practice Note

Determining liability Enforcing authorities should follow the five step procedure set out in the statutory guidance for determining liability under the Environmental...

Practice Note

Determining liability for remediation Identifying the appropriate person(s) who may be liable for remediation under Part IIA of the Environmental Protection Act 1990 (EPA...

Practice Note

What is the duty to inspect? Local authorities (LAs) have a duty to inspect their areas for the purpose of: • identifying any contaminated land under the Environmental...

Practice Note

Meaning of remediation 'Remediation' is given a relatively wide definition in the Environmental Protection Act 1990, Pt IIA (EPA 1990). It may involve a range of actions,...

Practice Note