Environmental Incidents and Investigations

The consequences of environmental incidents or failing to comply with your environmental obligations are considerable and continue to increase. These include the possibility of a significant fine, a custodial sentence, loss of business and reputational damage.

We have many years’ experience helping organisations and individuals to manage and respond to a wide range of environmental incidents and pollution events, and advising in connection with investigations and enforcement action by the main UK environmental regulators.

Respected Expertise

Our areas of expertise include:

• environmental incident management, including Category 1 (Environmental Harm) pollution events
• investigations and prosecutions by the Environment Agency and Local Authorities involving suspected waste management offences and environmental permitting breaches
• civil sanctions, including Enforcement Undertaking Offers
• statutory Nuisance – Abatement Notice Appeals
• waste-related prosecutions involving confiscation proceedings brought under the Proceeds of Crime Act 2002.

Trusted Advisors

We work with a variety of clients, including those in the rural, retail, mining, manufacturing, leisure and tourism, food and drink, construction, energy and waste sectors.

Examples of the work we do include:

• acting in connection with an investigation and prosecution arising from a release of chemicals into a major UK watercourse suspecting of causing Category 1 environmental harm
• advising in connection with investigations and prosecutions involving slurry tank failures, slurry run-off and fuel oil spillages
• successfully defending a construction company and its managing directors accused of having committed a number of serious waste management offences
• advising in connection with an investigation into a major city centre fire at an illegal waste facility
• helping a range of clients to prepare Enforcement Undertaking Offers that have been accepted by the Environment Agency and therefore avoid criminal enforcement action being taken
• successfully appealing a number of abatement notices alleging statutory nuisance involving noise, odour, vermin and dust/particulate
• successfully defending an energy company in connection with a private prosecution brought under s82 of the Environmental Protection Act 1990 alleging a statutory noise nuisance
• representing a large UK organisation in connection with a multi-agency investigation into suspected non-permitted coastal defence works within a Site of Special Scientific Interest.