Environment analysis: The Court of Appeal has held that Powys County Council (Powys) is not liable as an ‘appropriate person’ under the contaminated land regime as statutory successor to its predecessors in relation to liabilities arising from operation of a landfill site. The House of Lords decision in National Grid (formerly Transco) v Environment Agency was not distinguished. The decision clarifies that there is no requirement for the wording of the scheme of transfer to refer to liabilities existing ‘immediately before’ the transfer (as in the National Grid case) or for the successor to be a private company rather than a public authority.
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