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NEWS
The Environment Agency has updated its published list of civil sanctions imposed for environmental offences, covering the period from 1 January 2024 to 31 December 2024. This update fulfils the Agency's statutory obligation under The Environmental Civil Sanctions (England) Order 2010 and The Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154, to disclose details of civil sanctions imposed. The document provides legal practitioners and interested parties with the latest information on enforcement actions taken by the Agency against environmental offenders in England during the specified period.
NEWS
The Environment Agency (EA) has updated its published list of civil sanctions imposed for environmental offences, covering the period from 1 January 2025 to 30 September 2025, and removed the expired entries. This update fulfils the EA's statutory obligation under the Environmental Civil Sanctions (England) Order 2010 and the Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154, to disclose details of civil sanctions imposed.
NEWS
The Environment Agency has issued a warning to farmers and landowners across East Anglia regarding increased illegal waste dumping activities during winter months, with criminal gangs targeting rural land under cover of darkness. The agency reports that offenders are dumping lorry loads of shredded waste on farmland, forcing entry past locked gates and leaving landowners with clearance costs exceeding £6,000 per incident. The warning forms part of Operation Eagle, the Environment Agency's investigation into large-scale illegal waste deposits across south-east and east England. The agency is working in partnership with local police, the National Farmers Union, the Country Land and Business Association and local authorities to tackle the criminal activity. Farmers are advised to conduct regular land inspections, identify vulnerable access points for heavy goods vehicles, and install roadblocks and CCTV cameras where possible. The Environment Agency urges reporting of suspicious activity including unusual lorry movements, strange-hours operations and evidence of unusual odours through its hotline on 0800 807060.
PRACTICE NOTES
The Environment Agency (EA) is one of the regulators responsible for the enforcement of environmental law and the prosecution of environmental crime in England. Other regulators responsible for environmental compliance and prosecution in England include local authorities and Natural England. Natural Resources Wales (NRW) is the responsible authority in Wales, and the Scottish Environmental Protection agency (SEPA) in Scotland. This Practice Note focuses on the powers of the EA to investigate environmental crime. For information on the enforcement and prosecution of environmental crime generally, see Practice Note: Environmental prosecution and enforcement policy. For information on the powers of other environmental regulators, see Practice Notes: • Natural England—powers to investigate environmental crime • Local authorities—powers to investigate environmental crime • Natural Resources Wales—powers to investigate environmental crime • Scottish Environment Protection Agency—powers to investigate environmental crimes On 16 January 2020, the EA became a founding partner in the new Joint Unit for Waste Crime (JUWC), a taskforce dedicated to tackling serious and organised waste
PRECEDENTS
Environment Health & Safety Please provide the following: 1 Copies of all environmental reports relating to the Property or the Business including any desktop reports, phase 1 compliance audits, intrusive phase 2 reports, geotechnical reports, validation reports, environmental management audits, flood risk assessments, regulatory compliance audits or assessments and any documentation demonstrating that the recommended actions contained in the disclosed reports have been completed adequately. 2 Copies of all environmental permits (including licences, consents, authorisations, approvals, registrations, notifications and exemptions) required under environmental or health & safety (EHS) law in relation to the Property or the Business, including copies of any compliance assessment reports, details of any pending applications for new permits or variations to existing permits and any correspondence sent to or received from the relevant competent authority or regulator in connection with the permit(s). 3 Details of activities carried out at the Property by the Business and previous users of the Property (including details of any hazardous substances used or stored at the Property) and any known contamination, pollution incidents or remediation works at the Property. 4 Details
GLOSSARY
The executive non-departmental public body created by the Environment Act 1995 'to protect or enhance the environment, taken as a whole' so as to promote 'the objective of achieving sustainable development' (Environment Act 1995, s 4).
NEWS
The Environment and Climate Change Committee (ECCC) has published a report calling for a more strategic approach to nitrogen management in the UK. The report urges the government to develop a national nitrogen strategy to coordinate cross-departmental efforts, simplify the regulatory system and strengthen enforcement by clarifying the roles and responsibilities of those involved in nutrient management for wastewater. It also advocates for a circular approach to nitrogen management across the farming and wastewater sectors, with a focus on reducing inputs, maximising efficiency and reusing nitrogen. Further recommendations include implementing agricultural measures such as covering slurry stores and using low-emission spreading techniques by 2027, improving collaboration between wastewater and agriculture sectors, and ensuring the revised Clean Air Strategy establishes a funded plan to meet air quality targets. The ECCC also emphasises the need to quantify major nitrogen flows, sources and sinks, while maximising opportunities to reduce, recycle and reuse nitrogen from residue streams such as solid manure, slurry and wastewater.
NEWS
Local Government analysis: The High Court (Administrative Court, Mr Justice Swift ) has upheld TfL’s claim for judicial review of a decision by a panel of Traffic Adjudicators that CCTV could not be used to issue parking penalties for unlawful parking in parking bays on red routes. The critical issue was whether the definition of red route in new regulations issued in 2022 includes parking bays. Swift J decided that it does. The judge also made an important finding about the relationship between provisions within legislation for requesting a review of decisions made by tribunals ‘in the interests of justice’. He said that where it is contended that Adjudicators have made an error of law, the right course is to seek judicial review in the courts rather than asking the Adjudicator body for a review. Written by Timothy Corner, barrister at Chambers & Partners.
PRACTICE NOTES
This year’s annual round-up reviews some of the most significant developments of 2017 and previews what is on the horizon for 2018. This includes publication of the government’s air quality plan and the various legal challenges relating to it, new Civil Procedure Rules governing costs protection in Aarhus Convention claims, developments relating to the impact of Brexit on environmental law, and a raft of developments associated with the EU Emissions Trading System (EU ETS) and climate change and targets. Also included are updates on LexisNexis®’s content, including news of exciting developments from the past year and what is coming up in the next 12 months. This Practice Note also links to related Brexit content. Reviewing 2017 Air emissions and climate change What happened? Following long-running legal proceedings, commencing in 2010 when ClientEarth brought its first action against the government relating to exceedances of the nitrogen dioxide limits, the government was ordered to produce a new draft air quality plan for consultation, and a final plan by 31 July 2017. The original plans published
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Environment cases tracker tool displays key decisions and appeal updates of interest to Environment lawyers from 1 January 2021. The tracker is divided into: • the Upper Tribunal • the High Court of England and Wales • the Court of Appeal • the UK Supreme Court • the Judicial Committee of the Privy Council Judgments and appeal updates can be found in the court where the most recent judgment was handed down. Cases are displayed in reverse chronological order with the most recent first. High Court of England and Wales Case Judgment date Key facts/analysis R (on the application of Plan B Earth and others) v The Prime Minister [2021] EWHC 3469 (Admin) 21 December 2021 In a renewal hearing for permission to bring a judicial review claim based on the government’s alleged failures to take appropriate action in meeting their climate change commitments, the court refused permission on all grounds. Specifically, the claimants relied on grounds that the government had breached the
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Environment cases tracker tool displays key decisions and appeal updates of interest to Environment lawyers from 1 January 2022. The tracker is divided into: • the Upper Tribunal • the High Court of England and Wales • the Court of Appeal • the UK Supreme Court • the Judicial Committee of the Privy Council Judgments and appeal updates can be found in the court where the most recent judgment was handed down. Cases are displayed in reverse chronological order with the most recent first. For information on previous key decisions and appeal updates of cases from, see: • Environment cases tracker 2021 Upper tribunal Case Judgment date Key facts/analysis Taylor Engineering and Plastics Ltd v Environment Agency [2022] Lexis Citation 147 5 July 2022 The First-tier Tribunal (FTT) has held that a penalty imposed by the Environment Agency (EA) in respect of Taylor Engineering and Plastics Ltd’s (‘Taylor’) failure to report progress against Climate Change Agreement (CCA) targets was disproportionate, despite being
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Environment consultations tracker tool displays the current status and most recent developments of consultations conducted by government departments, regulators and other bodies in relation to environmental law in England and Wales from 1 January–31 December 2021. Any consultations still open as of 1 January 2022 can be found in the: Environment consultations tracker 2022. This Environment consultation tracker tool displays the current status and most recent developments of consultations open from 1 January 2021 being conducted by government departments, regulators and other bodies in relation to environmental law in England and Wales. The tracker is split into two parts: open consultations and closed consultations. For information on consultations being conducted by EU bodies (such as the European Commission), see: Environment EU tracker 2021 [Archived]. Closed consultations Consultations are displayed in chronological order by reference to the date that they have closed. The consultation that has most recently closed is displayed as the first entry in the table. It also means that, generally