The Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) empowered regulators to deal with offences by way of civil sanctions, instead of prosecution. In 2010, powers were given to the Environment Agency (EA) and Natural England (NE) for a number of environmental offences. In 2015, the scope of civil sanctions was extended when the EA was given power to accept enforcement undertakings in respect of environmental permitting offences. The Environmental Civil Sanctions (England) Order 2010, SI 2010/1157 applies in England and the Environmental Civil Sanctions (Wales) Order 2010, SI 2010/1821 applies in Wales. Schedule 5 of both regulations specifies which sanctions are available for each offence. The

Reviewed by Professor Richard Macrory. The Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enabled regulators to be given powers to deal with offences using six civil sanctions instead of prosecuting. In 2010 powers were given to the Environment Agency (EA) and Natural England (NE) for a number of environmental offences. In 2015, the scope of civil sanctions was extended when the EA was given power to accept enforcement undertakings in respect of environmental permitting offences. The Environmental Civil Sanctions (England) Order 2010, SI 2010/1157 applies in England and the Environmental Civil Sanctions (Wales) Order 2010, SI 2010/1821 applies in Wales. Schedule 5 of both regulations specifies which offences fall within the powers vested by RESA and which sanctions are available for each offence. The EA began using its powers on 4 January 2011. NE started using its powers on 3 January 2012. From 1 April 2013, Natural Resources Wales (NRW) has been responsible for enforcing environmental civil sanctions in Wales. The use of restoration notices in England is included in the Environment Agency’s enforcement

The Regulatory Enforcement and Sanctions Act 2008 empowered regulators to deal with offences by way of civil sanctions instead of prosecution. In 2010, powers were given to the Environment Agency (EA) and Natural England (NE) for a number of environmental offences. In 2015, the scope of civil sanctions was extended when the EA was given power to accept enforcement undertakings in respect of environmental permitting offences. The Environmental Civil Sanctions (England) Order 2010, SI 2010/1157 applies in England and the Environmental Civil Sanctions (Wales) Order 2010, SI 2010/1821 applies in Wales. Schedule 5 of both regulations specifies which sanctions are available for each offence. For example, stop notices are available in respect of offences under section 33(6) of the Environmental Protection Act 1990, (waste offences) but not those under s 71(3) (information offences). The EA began using its powers in 2011 and NE started in 2012. The Natural Resources Body for Wales (NRW) has been responsible for enforcing environmental civil sanctions in Wales since 2013. What is a stop notice? A stop notice

Regulatory Enforcement and Sanctions Act 2008 enabled the provision of power to regulators to deal with offences using six civil sanctions, instead of prosecuting. In 2010, these powers were given to the Environment Agency (EA) and Natural England (NE) in relation to a number of environmental offences. In 2015, the scope of civil sanctions was further extended when the EA was given power to accept enforcement undertakings in respect of environmental permitting offences. The Environmental Civil Sanctions (England) Order 2010, SI 2010/1157 applies in England and the Environmental Civil Sanctions (Wales) Order 2010, SI 2010/1821 applies in Wales. Schedule 5 of both regulations specifies which sanctions are available for each offence. The EA began using its civil sanctions powers on 4 January 2011. NE started using its powers from 3 January 2012. From 1 April 2013, Natural Resources Wales (NRW) has been responsible for enforcing environmental civil sanctions in Wales. Variable monetary penalties (VMP) are one of the civil sanctions that may be used instead of criminal prosecution for more serious

This Practice Note summarises the principal controls surrounding the use of environmental claims in advertising and covers the following key areas: • relevant legislation • self-regulatory codes • sanctions for non-compliance The use of environmental claims in marketing material is increasing as consumers become more educated about the environmental impacts of the products and services they use. Businesses are taking advantage of this new awareness by actively promoting their environmental credentials. These may include claims such as ‘environmentally friendly’ or advertising a product or service as being ‘green’, ‘clean’, or ‘carbon neutral’. While the number of such claims has increased, the Advertising Standards Authority (ASA), the body responsible for policing advertising within the UK, has received a simultaneous increase in the number of complaints relating to environmental claims in advertising. Relevant legislation Consumer protection from unfair trading Until April 2025, the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277 governed all advertising and commercial practices in the UK and apply to any act, omission or any other

Produced in partnership with DLA Piper UK LLP [ These clauses are intended for insertion in a Facility Agreement relating to the operation of a business, which involves the occupation of use of properties. It accordingly assumes the definition of terms which would typically be included in such an agreement, such as ‘Agent’, ‘Business’, ‘Event of Default’, ‘Finance Party’, ‘Legal Due Diligence Report’, ‘Material Adverse Effect’, ‘Obligor’ and ‘Property’.] As of exit day (31 January 2020) the UK is no longer an EU Member State.

Introduction Renewable energy projects generate energy using renewable sources, including biomass, geothermal, hydroelectric, solar, and onshore and offshore wind and have been gaining in popularity globally. Many countries have been seeking clean energy sources to meet emissions reduction targets aimed at combating global climate change. The climate change commitments made by more than 200 nations at the United Nations Climate Change Conference in Glasgow, Scotland, in 2021, also known as COP 26, helped drive the push towards renewable energy. Also, the Sharm el-Sheikh Implementation Plan, published on 20 November 2022 after COP 27, reaffirms the commitment to limit the global temperature rise to 1.5 degrees celsius above pre-industrial levels. This commitment was further reiterated at COP 28 where parties were encouraged to come forward with ambitious, economy-wide emission reduction targets, covering all greenhouse gases, sectors and categories and aligned with the 1.5°C limit in their next round of climate action plans by early 2025 (although it should be noted that the ‘global stocktake’ carried out at COP 28 found that progress

Date [______________________________20[insert]] Parties 1 [Consultant] (incorporated and registered in England and Wales under company registration number [insert number]), the registered office of which is at [insert address] (the "Consultant"); and 2 [Funder, purchaser, tenant] (incorporated and registered in England and Wales under company registration number [insert number]), the registered office of which is at [insert address] (the "Beneficiary", which term shall include successors in title and permitted assigns)[; and/.] 3 [[Client] (incorporated and registered in England and Wales under company registration number [insert number]), the registered office of which is at [insert address]) (the "Client").] Recitals (A) [[insert name of Client] whose registered office is at [insert address] (‘the Client’) OR The Client] has appointed the Consultant under the Appointment to perform the Services. (B) By [a OR an] [Funding OR [insert other] Agreement [for [Lease OR Sale] ] ] [the Client agreed to grant and the Beneficiary agreed to take a lease of [part of] the Property OR the Client agreed to sell and the Beneficiary agreed to buy [part of] the Property OR the Beneficiary agreed to provide finance for the

What is an environmental report? Environmental reports are normally undertaken to assess the environmental risks and liabilities at a site. They may be commissioned for various reasons, including: • as part of the due diligence process on behalf of the buyer or seller of a property or corporate entity • where there is regulatory action, or • as part of ongoing environmental management by operators/owners Environmental reports may include: • contaminated land assessments (desktop, Phase 1, Phase 2 and remediation) • flood risk assessments • ground stability appraisals • asbestos surveys The level of data, analysis and assessment required is determined by the likelihood and magnitude of the risk associated with any given site. An environmental consultant can advise on the type of environmental report required. See Practice Note: Environmental investigations—types of searches and investigations. Why is peer review undertaken? Environmental consultants may present the results of their investigations differently depending on their instructions and who they are acting for. For example, an environmental consultant is likely

This Agreement is made on [insert date] 20[insert year] Parties 1 [Insert name of Client] of [insert address of Client] (‘the Client’ which term shall include all permitted assignees or other transferees under this agreement); and 2 [Insert name of Consultant] of [insert address of Consultant] (‘the Consultant’) Whereas (A) The Client wishes to [insert brief description of the [works OR project]] at the property [insert property address] (the “Property.”) (B) The Client wishes to appoint the Consultant to perform for the Client the services as described in Schedule 2 to this Agreement (the “Services”) under the terms and conditions of this Agreement. Now it is hereby agreed as follows 1 Definitions and interpretation 1.1 In this Agreement the following expressions shall have the following meanings unless the context requires otherwise: Additional Fee • means the additional fees (if any) payable by the Client to the Consultant pursuant to Clause 12 for performing any Additional Services which the Client may instruct the Consultant to perform pursuant to Clause 12. Additional Services • means any and all additional services which the Client may instruct the Consultant to perform pursuant to Clause 12.2. Beneficiaries • means the parties who require a warranty from the Consultant

This Practice Note provides an introduction to environmental criminal liability, offences and the different stages of the criminal process from pre-prosecution to sentencing. It is not intended to cover specific offences or categories of offences. For information on specific environmental offences, see: Environmental offences and prosecutions—overview. For information on the investigation and enforcement of environmental crime, see Practice Notes: Environmental prosecution and enforcement policy, Conducting an investigation into environmental crime and How to conduct an investigation into environmental crime. Categories of environmental crime Some of the most common ways of committing an environmental offence include: • causing pollution • knowingly permitting pollution • breach of a statutory duty • breach of an authorisation (eg a permit) • breach of a prohibition • failure to comply with a notice Causing pollution An example of such an offence is to ‘knowingly cause’ controlled waste to be deposited. To knowingly cause does not require intention, fault or any knowledge of action or inaction, only some positive act or operation. The

The Environment Agency and Natural Resources Wales have published ‘Offence Response Options’ guidance which sets out the available means of enforcement for offences falling within their regulatory remit. The Offence Response Options clearly set out, for each offence, the range of possible enforcement options available to the regulators from a warning, to prosecution, to civil sanctions. It is therefore a useful guide to practitioners whose clients are being investigated for environmental offences. Environmental damage offences The Environmental Damage (Prevention and Remediation) (England) Regulations 2015, SI 2015/810 impose duties on a person whose operations cause in England, an imminent threat or give reasonable grounds for believing that they will lead to environmental damage. The equivalent regulations in Wales are the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, SI 2009/995 and the Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015, SI 2015/1394. For information on the scope and purpose of these regulations see Practice Notes: Environmental damage—when does the environmental damage regime apply? and Environmental damage—operators’ obligations, enforcement, offences and appeals. Environmental damage which occurred in