Environmental Law

The Environment consists of all, or any of the following media, namely, the air, water and land; and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground’ (Environmental Protection Act (EPA) 1990). It follows from this statutory definition that environmental law is the body of law which seeks to enhance or protect the environment and involves both contentious and non-contentious matters.

The main, but not sole, regulators of environmental law are The Environment Agency; the HSE and Local Authorities. Most criminal offences are regulatory in nature but common law offences do remain, such as public nuisance.

There is a degree of natural overlap between environmental law and other health and safety law, such as in relation to asbestos contamination, regulation and compliance. However, for offences to which the environmental offences sentencing guidelines apply (i.e. EPA 1990, Environmental Permitting Regulations 2010), the severity of the sentences are significantly less than under the health and safety offences guidelines.

The emphasis within the guidelines is towards the removal of economic benefit rather than the more punitive approach for health and safety offences. Nevertheless, the impact of any fine is intended to be severe and should act to encourage corporates in seeking earlier involvement of counsel to navigate the most successful path through any EA investigation and subsequent criminal proceedings.