The Office for Environmental Protection (OEP) has concluded its investigation into the Department of Agriculture, Environment and Rural Affairs (DAERA), following the publication of Northern Ireland’s Environmental Improvement Plan (EIP) on 27 September 2024. The OEP will shift its focus to assessing the government’s progress in implementing the EIP, examining its effectiveness in addressing concerning environmental trends and its impact on protecting and improving the environment.

The Office for Environmental Protection (OEP) has filed its written submissions in its intervention in the appeal of R (Pickering Fishery Association) v Secretary of State for Environment, Food and Rural Affairs [2023] EWHC 2918 (Admin). The appeal, scheduled for hearing on 14 and 15 January 2025, concerns a judicial review of the Secretary of State's approval of the Humber River Basin Management Plan under the Water Framework Directive Regulations, 2017, SI 2017/407. The OEP's submissions highlight the broader implications of the case for the required content of planned programmes of measures aimed at achieving environmental objectives for water bodies across England. It urges the Court of Appeal to clarify the law, ensuring proper decision-making that promotes positive outcomes for English water bodies.

The Office for Environmental Protection (OEP) has filed its written submissions in the appeal of R (Rights Community Action Ltd) v Secretary of State for Housing, Communities and Local Government [2024] EWHC 1693 (Admin), scheduled for a hearing in June 2025. The appeal concerns the interpretation of the duty to have due regard to the Environmental Principles Policy Statement (EPPS) under the Environment Act 2021 (EA 2021). Although the facts of the case relate to local authorities’ role in setting housing energy efficiency standards, the OEP’s intervention seeks to clarify how environmental principles should be applied in government policies, advocating for an interpretation that supports environmentally informed policy making, in line with the government’s environmental protection and improvement objectives.

The Office for Environmental Protection (OEP) has concluded its investigation into the regulation of combined sewer overflows (CSOs), finding failures to comply with environmental law by the Department for Environment, Food and Rural Affairs (Defra), the Environment Agency (EA), and Ofwat. The OEP has issued decision notices to each authority, outlining specific failures such as Defra's improper guidance on sewerage undertaker duties, Ofwat's failure to make enforcement orders, and the EA's insufficient permit conditions. The OEP interprets the law to mean untreated sewage discharges should generally only be permitted in exceptional circumstances. The authorities have two months to respond to the decision notices and confirm whether they will take the recommended steps, with potential court action if they fail to comply.

The Office for Environmental Protection (OEP) has issued an information notice to the Department for Environment, Food and Rural Affairs (Defra), identifying potential failures to comply with environmental law in relation to marine water targets. The notice, issued under section 35 of the Environment Act 2021, outlines three potential breaches: (1) failure to achieve Good Environmental Status (GES) of marine waters by 31 December 2020 under the Marine Strategy Regulations 2010, SI 2010/1627; (2) shortcomings in the government’s approach to claiming exceptions from GES duties; and (3) a suspected failure to publish a lawful programme of measures. The notice follows an investigation launched in January 2025. Defra has two months to respond before the OEP decides on next steps.

The Office for Environmental Protection (OEP) has found potential breaches of environmental law by the Department for Environment, Food and Rural Affairs (Defra) Secretary of State and Natural England concerning the protection of wild birds. As a result, the OEP has issued information notices to both bodies, detailing its findings. They have until 5 August 2025 to respond, after which the OEP will review the responses before determining next steps. This follows an investigation launched by the OEP in March 2024. A parallel investigation is ongoing in Northern Ireland, with an information notice also issued to the Department of Agriculture, Environment and Rural Affairs.

The Office for Environmental Protection (OEP) has been granted permission by the Court of Appeal to intervene in R (Pickering Fishery Association) v the Secretary of State for Environment, Food and Rural Affairs [2023] EWHC 2918 (Admin). The OEP’s General Counsel, Peter Ashford, stated that ‘we are interested in this case because of the opportunity to clarify the law here to ensure proper decision-making that promotes positive outcomes for English water bodies’.

The Office for Environmental Protection (OEP) has launched an investigation into the Department for Environment, Food and Rural Affairs (Defra) regarding a suspected failure to implement the necessary measures to achieve Good Environmental Status (GES) of marine waters within the marine strategy area by 31 December 2020, as mandated by regulation 4(1) of the Marine Strategy Regulations 2010. Additionally, Defra has not provided an updated report on the UK Marine Strategy by 20 December 2024, nor has it issued a formal assessment confirming whether the 2020 deadline was met. The OEP's investigation, conducted under section 33(2) of the Environment Act 2021 (EA 2021), seeks to ensure accountability for the suspected failure and, if confirmed, secure a comprehensive plan to achieve GES as soon as possible.

The Office for Environmental Protection (OEP) has issued an information notice to the Department for Environment, Food and Rural Affairs (Defra) as part of its ongoing investigation into emergency authorisation for neonicotinoid pesticide use. The notice alleges that Defra may have failed to comply with environmental laws when granting authorisations in 2023 and 2024, particularly regarding the application of the precautionary principle and nature conservation obligations. Launched in June 2024, this statutory investigation under the Environment Act 2021 focuses on the decision-making process for authorising Cruiser SB on sugar beet seeds. Defra is required to respond on 28 January 2025, after which the OEP will consider potential further action.

The Office for Environmental Protection (OEP) has confirmed that it has identified possible failures by the Department for Environment, Food and Rural Affairs (Defra) and the Environment Agency to comply with the Water Framework Directive Regulations. Both authorities have been issued information notices detailing suspected breaches of environmental law and have two months to respond formally. The possible failures relate to the preparation, approval and implementation of programmes of measures under River Basin Management Plans published in 2022, exemption reasoning, public consultation processes, and requirements to prevent deterioration in water body status. For Defra, the OEP has identified possible failures to comply with regulations 3 and 12 of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, while for the Environment Agency, possible failures relate to regulations 3, 12, 16, 17, 29 and 36. The investigation follows the OEP's May 2024 report on Water Framework Directive implementation and the April 2025 Court of Appeal judgment in Secretary of State for Environment, Food and Rural Affairs v R (Pickering Fishery Association).

The Office for Environmental Protection (OEP) has published a report outlining their concerns with how the laws to protect England’s rivers, lakes and coastal waters are being put into practice. The report looks at the enforcement of the Water Framework Directive (WFD) Regulations and River Basin Management Planning by the Department for Environment, Food & Rural Affairs (Defra) and reveals a lack of effectiveness in achieving the desired ecological standards by 2027. The report identifies inadequate funding, generic improvement plans and unclear environmental objectives, governance issues, and limited public consultation as issues hindering progress. The OEP proposed 15 recommendations in the report to enhance water environment protection, emphasising the urgency for targeted local measures and clearer deadlines. Chair of the Office for Environmental Protection, Dame Glenys Stacey, urged swift and ambitious government action and warned of a significant gap between the current efforts and the government’s 2027 targets.

The Office for Environmental Protection (OEP) has issued a call for evidence seeking examples of practical or regulatory barriers getting in the way of measures to protect and improve nature in England. The OEP stated that it is seeking real or perceived regulatory and other blockers affecting work across land, freshwater and coastal areas and will consider their impact on conservation efforts linked to the wildlife-rich habitat target and the 30 by 30 commitments. It said it will prioritise barriers by which would have the most impact if addressed. The call for evidence closes on 14 December 2026.