There is a plethora of environmental legislation that affects businesses and the way they operate. Local Authorities, the Environment Agency (in England) and Natural Resources Wales have specific enforcement functions across a wide range of matters that affect the environment and its protection.
Getting your obligations wrong can be costly. Especially in light of relatively new sentencing guidelines that significantly increased the financial penalties for organisations that breach environmental legislation, and also increased sentences for individuals who have been convicted of environmental offences, including, in appropriate cases, sentences of imprisonment. In addition to criminal sanctions that can be imposed for the offences themselves, there can be significant additional costs, such as clean-up costs. There is also the possibility of confiscation proceedings under the Proceeds of Crime Act 2002.
How can we help?
We have significant experience in advising businesses, individuals and regulators in relation to environmental matters. If you are subject to an investigation by a regulatory body in relation to an environmental issue, then you should seek expert advice and guidance as soon as possible, so that your interests are properly protected.
We have significant experience in this area, having acted for individuals and businesses accused of offences contrary to the Environmental Protection Act 1990 and the Environmental Permitting (England and Wales) Regulations.
We can provide advice and assistance to businesses and individuals in relation to:
- environmental incidents (regardless of scale)
- allegations of breaches of licences, permits or consents
- waste (including depositing of waste and duty of care as regards waste)
- Abatement Notices (e.g. for noise or odour)
We can also provide an advisory service, assisting businesses and individuals to ensure that their operations comply with the statutory frameworks.
Justin has specialised in criminal and regulatory law since qualification in 2007. He has particular experience of regulatory criminal proceedings instituted by Local Authorities and other non-police agencies, and spent time as a specialist regulatory prosecutor at Merthyr Tydfil County Borough Council, advising and prosecuting on behalf of its trading standards, public/environmental health and counter-fraud departments. Justin now practises in regulatory, corporate crime and allied areas, acting for both prosecution and defence. Justin holds (and regularly exercises) Higher Rights of Audience in Criminal Proceedings, which allows him to represent clients before the higher criminal courts.
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