Environment Agency Investigations

If you have been accused of breaching environmental law, and are subsequently facing an Environment Agency investigation and possible prosecution, the solicitors at Farleys can help.

We specialise in advising businesses and sole traders on the complexities of UK environmental law, and can help you ensure that your business operates within existing environmental guidelines. Similarly, if you are facing prosecution, we can prepare a comprehensive strategy for your defence.

Avoiding Environment Agency Investigations

Environment Agency investigations are launched when businesses are found to be in violation of environmental law, and can end in anything from enforcement notices to prosecutions. 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;
• Asses potential environmental risks;
• Advise businesses on the most efficient methods of meeting permit conditions;
• Take all necessary action to protect the environment;

Assuming the Environment Agency find all to be in order during an inspection, your business will avoid an investigation. By employing the services of an experienced environmental law solicitor, such as those at Farleys, you can be confident that your business is fully compliant with environmental law.

If incidents do occur on your business premises, the Environment Agency will launch an investigation. Farleys Solicitors can provide you with advice and legal defence services if the Environment Agency decides to pursue a prosecution.

Environment Agency Prosecutions

The Environment Agency exists as a means of encouraging both individuals and businesses to put the environment first, combining environmentally friendly practices with normal working conditions. If a business is in violation of existing environmental law, the Environment Agency has the power to:

• Issue enforcement notices and works notices;
• Issue prohibition notices (in situations where there is an imminent risk of significant environmental damage);
• Suspend or revoke an environmental licence;
• Vary licence conditions, injunctions;
• Carry out remedial works (the Environment Agency will seek to recover the full cost of remedial works from those responsible);

The Environment Agency also has the power to prosecute individuals and businesses found to be actively and knowingly violating environmental law, and thus committing a criminal act. The agency regularly investigates businesses found to be fly-tipping, causing water pollution, disposing of harmful chemicals and radioactive substances using improper methods and damaging land quality.

If the Environment Agency has contacted you regarding an investigation or prosecution, contact an environmental law solicitor as soon as possible to discuss your options.