Environmental Law

Environmental Law

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

What is Environmental Criminal 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.

Types of Environmental Crime

Environmental crimes are acts in which significant harm or risk is caused to the environment or human health. There are many types of environmental crime, which include:

• Illegal emissions or discharge of substances into the air, water or soil.
• Illegal wildlife trading.
• Illegal shipment or dumping of waste.
• Illegal trade in ozone-depleting substances.

These types of crimes have an ‘invisible impact’ short term but can be devastating to the environment and human welfare in the long run. Environmental crime is a growing concern, and the need for updates to environmental criminal law and specialist environmental law barristers is ever-growing.

Environmental Criminal Law and Health and Safety Law

There is a degree of natural overlap between environmental law and other  – both criminal and regulatory, such as issues concerning 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 guidelines emphasise the removal of economic benefits rather than the more punitive approach for health and safety offences. Nevertheless, the impact of any fine is intended to be severe. Accordingly, it should encourage corporates to seek earlier involvement of counsel to navigate the most successful path through any EA investigation and subsequent criminal proceedings.