Environmental Law

What is 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.

Environmental criminal law and regulatory barristers at St Pauls Chambers have experience with most aspects of environmental laws and regulations, including:

• Nuisance claims.
• Noise and air pollution.
• Land redevelopment and contaminated land.
• Environmental permits and licences, including waste management.

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.

Environmental Law at St Pauls Chambers

Barristers at St Pauls Chambers have experience with most aspects of environmental criminal law, as well as regulatory matters, including nuisance claims, noise and air pollution, land redevelopment and contaminated land, environmental permits and licences, including waste management.

Counsel also advises developers, as well as individuals, with the procedure and understanding of Environmental Impact Assessments (EIA), Strategic Environmental Assessments (SEA) and the EPR 2010, which incorporate a number of old regulations including the Pollution Prevention and Control (PPC) and Waste Management Licensing (WML) regulations.