Environment agency investigations and prosecutions

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Environment agency investigations and prosecutions

The Environment Agency is vested with extensive investigation and prosecution powers. The crucial factor is that anyone under investigation gets clear, tactically astute advice as soon as possible.

Our team has cutting edge experience of defending clients from Environment Agency matters at all stages: both with a view to avoiding prosecution, and, if prosecution results, in defending our clients to the fullest rigour of the law.

We specialise in advising companies and individuals on the complex regulatory field of Environmental Law.  If you have been accused of breaching Environment Law and face an investigation or prosecution we can help you defend those allegations.

The Environment Agency can issue Enforcement and Prohibition Notices.
The Environment Agency carries out regular inspections of businesses and industrial sites, assessing for compliance and identifying potential risks. During inspections, the

Environment Agency:

  • Identify areas in which businesses can improve environmental performance;
  • Assess potential environmental risks;
  • Advise businesses on the most efficient methods of meeting permit conditions;
  • Take all necessary action to protect the environment;

We can advise you about ways to try and ensure that your business is compliant and minimise the risk of costly disruption to your business or personal consequences for the failure of the business to comply with the relevant legislation.

If your business fails to comply then an officer of the company or person of responsibility within the business will be invited to an interview under caution, which will be just part of an overall investigation.

Having an experienced environmental defence lawyer assisting you and your business is imperative as tactical decisions at an early stage affect whether you may be prosecuted.  
We provide robust, pragmatic and if appropriate proactive tactical and strategic advice to our clients.

Subsequent to an investigation the Environment Agency has the power to prosecute individuals, businesses and companies who are found, in their view, to be violating environmental law or regulation.  Such cases can involve businesses or individuals alleged to be

  • Fly tipping
  • Causing water pollution
  • Incorrectly disposing of harmful chemicals or waste.
  • Failing to comply with notices issued by the Environment Agency

  
We can help your business prepare for inspections by the Environment Agency by:- 

  • Visiting your site and identifying potential problems
  • Testing compliance with permit or license requirements
  • Suggesting practical solutions to ensure a smoother, compliant business operation
  • Reviewing, writing, assessing or remodelling your working plan with a view to increasing efficiency and regulatory compliance.

 
When problems do occur we pride ourselves on being able to act quickly. We have had great success in negotiating with the Environment Agency an appropriate way forward and have avoided a number of potential prosecutions.

Rob Rode is a key contact in this area.

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