Environmental issues in transactions

Featured guidance
Environmental issues in transactions guidance:

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

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

The Habitats Directive 92/43/EEC (Habitats Directive) aims to promote the maintenance of biodiversity by requiring Member States to take measures to maintain or restore...

Practice Note

Brexit impact This content is likely to be impacted by the UK’s withdrawal from the EU. For further information on the implications of leaving the EU for planning law and...

Practice Note

Summary In March 2014, the Construction Industry Research and Information Association (CIRIA) issued new guidance for the management of risks associated with the presence...

Practice Note

Why are lenders concerned about environmental risk? The ever growing number of environmental laws has affected the way that lenders perceive environmental risk and has...

Practice Note

Lenders' risk exposure Lenders are increasingly concerned with environmental risk in their day to day secured lending businesses. All major UK banks now have to make, to...

Practice Note

What is BREEAM? The Building Research Establishment’s Environmental Assessment Methodology (BREEAM) is a method for evaluating and certifying the environmental...

Practice Note

Increased emphasis on climate change and carbon emissions reduction is affecting corporate transactions. In addition to schemes such as the EU Emissions Trading Scheme...

Practice Note

The Heat Network (Metering and Billing) Regulations 2014, SI 2014/3120 came into force on 18 December 2014 and transpose parts of the Energy Efficiency Directive...

Practice Note

Introduction There are two systems of drainage in relation to development: • foul water, and • surface water Each of these has above-ground and underground elements: •...

Practice Note

Obligation to grant access The owner or occupier of contaminated land (grantor) has a statutory obligation to allow remediation works to be carried out by the grantee...

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 are Category 4 Screening Levels? Category 4 Screening Levels (C4SL) provide technical guidance for environmental consultants and regulators when assessing land...

Practice Note

Due diligence in contaminated land transactions Lambson Fine Chemicals Ltd v Merlion Capital Housing Ltd [2008] All ER (D) 116 (Feb) highlights the importance of...

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

Contaminated land 'Land contamination' is a general term used to describe any land that may be contaminated in some way. 'Contaminated land', is a specific legal term...

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

What is the nature of the liability? The Environmental Protection Act 1990, Pt IIA (EPA 1990) is a liability-based regime established to deal with the UK's legacy of...

Practice Note

What is contaminated land risk assessment? Risk means: • the likelihood that harm, or pollution of water, will occur as a result of contaminants in, on or under the land,...

Practice Note

What is a remediation notice? A remediation notice is a formal written notice that requires an 'appropriate person' to carry out the remediation of contaminated land...

Practice Note

Owners of land affected by contamination may decide to remediate the land without formal action under the Environmental Protection Act 1990, Pt IIA (EPA 1990). Voluntary...

Practice Note

Who may be liable? Anyone who is an 'appropriate person' may be liable for remediation of contaminated land under Part IIA of the Environmental Protection Act 1990 (EPA...

Practice Note

What environmental offences require mens rea? While most environmental offences are characterised by strict liability, a limited category require an element of mens rea...

Practice Note

A parent company is not responsible for the acts or omissions of its subsidiary simply by virtue of its status as parent. Each subsidiary has separate corporate...

Practice Note

Purchasers and vendors consider a range of issues when undertaking due diligence during a commercial transaction for acquisition or sale of a businesses and its...

Practice Note