Environmental Lawyer

If you are facing an investigation related to a breach of environmental regulations, the team at JMW can provide expert advice, support and representation. The consequences of a conviction can include substantial fines, imprisonment, disqualification and adverse publicity, but our environmental lawyers can help you protect you, your business and your reputation.

Our environmental law solicitors will represent you and your business if you are subject to a notice from your local authority or the Environment Agency, and through any investigation or enforcement action. Our service covers the full spectrum of environmental litigation, including investigations, challenging notices and representation in the event of prosecution.

It is vital that businesses keep up with developments in environmental law and regulation to avoid being investigated and prosecuted. Our team provides advice and support for companies wanting to understand their liabilities to minimise the risk of a breach. We have extensive knowledge of this area of the law and a track record of success in defending organisations during these investigations.

To speak to a solicitor about an investigation and what your next steps should be, contact JMW today on 0345 872 6666 or fill in our online enquiry form and we will get back to you.

How JMW Can Help

At JMW, we understand the pressure on companies to maintain strict legal and regulatory compliance. We can advise on your legal obligations, guide you through the environmental litigation process and represent you if you are investigated or prosecuted in relation to any alleged breaches.

It is important to take legal advice as early as possible in environmental investigations, as decisions made in the initial stages of an investigation can significantly affect later outcomes. Our team has been recognised by independent legal directories Chambers & Partners and Legal 500 for its key insights into the industry. When new legislation or guidance comes into force, our team can help you to comply with the new regulations.

Aspects of environmental law we advise on include:

JMW's solicitors can provide advice and support on environmental incidents, litigation and compliance wherever and whenever you need it, working with you to protect your interests and achieve the best possible outcome.

Our support includes providing advice upon the receipt of a legal notice from a local authority or the Environment Agency, representation during investigations, lodging appeals, advising at interviews under caution and representing individuals and companies at subsequent court proceedings. Importantly, we have particular expertise in ancillary matters, such as confiscation proceedings arising from a conviction, reputational management, contractual implications and liability attaching to individual directors and officers.

What Are the Legal Requirements for Businesses?

Some businesses will have an obvious potential to impact the environment, such as construction companies, energy and utility providers, transportation and farming. If your business could impact the environment, you will need an environmental permit from either your local authority or the Environmental Agency. Failing to fulfil the conditions of such a permit, or operating without a permit, could constitute an offence.

Even if your organisation does not pose any direct risk of air, land or water pollution, or other environmental breaches, there are legal requirements you must follow in terms of waste management and the storage and management of hazardous chemicals. Some businesses fail to comply with these regulations because they do not recognise the risks associated with their work. JMW's environmental lawyers can advise on regulatory compliance on an ongoing basis to help you avoid the legal penalties associated with a conviction.

As a law firm with a track record of successfully defending corporate clients in investigations by regulatory bodies and larger scale environmental disputes, JMW can support you with compliance advice tailored to your business and sector. We can liaise with government agencies, local government environment organisations and other parties, and begin mounting your defence at the earliest opportunity. Speak to our team to learn more about how we can help.

What Happens During Regulatory Investigations into Environmental Incidents?

When the Environment Agency, local authority or another regulator suspect that an environmental offence has been committed, it will carry out an investigation. Investigations involving the following aggravating factors are usually prioritised and pursued:

• Serious environmental harm or harm to human health
• Organised crime
• Overt criminal activity
• Substantial illegal gain
• Threats of violence

Where there are grounds to suspect that you or your company have committed an environmental law offence, the relevant regulator will often invite you to attend an interview under caution, also known as a PACE interview. Here, the regulator will try to gather evidence to assist their investigation. Following this, the regulator will decide whether enforcement action is necessary and what form this will take.

An interview under caution is a very serious matter and it is crucial you seek legal advice from the outset. A solicitor will help you to decide whether to attend the interview, submit written representation or decline the invitation.

Anything said during an interview can influence the course of the investigation and potentially the outcome, so it is vital you receive advice, assistance and representation from specialist environmental law solicitors who can help to protect your interests.

Prosecution for an Environmental Regulation Breach

When an environmental law offence has been committed by a company, an officer of the company (e.g. director or manager) can be held accountable and found guilty of the offence. The Environment Agency or local authority will use their full range of powers against those facing prosecution.

A conviction could result in an unlimited fine and/or imprisonment. Sentences vary depending on how large a company is, based on its annual turnover, but the court has indicated that it will impose higher fines for environmental offences to send a strong message to other directors and shareholders about their environmental obligations. This could result in some companies paying millions of pounds in technically unlimited fines.

The body overseeing the prosecution also has the power to seek an order disqualifying the guilty person from being a director or manager. With all this at stake, it is essential that you seek legal advice, support and representation if you are being investigated or prosecuted by the Environment Agency or another authority.

Q

What types of environmental law offences can JMW help with?

A

At JMW, we can help individuals and businesses in relation to offences such as:

• Carrying out regulated activities without an environmental permit
• Failing to comply with the conditions of an environmental permit
• Failing to register as an authorised waste carrier/broker
• Depositing, treating or disposing of waste without authorisation
• Improperly disposing of chemicals and dangerous substances
• Illegally discharging to air, land and water
• Committing statutory nuisance offences, including noise nuisance
• Contaminating land
• Breaching the Packaging Waste Regulations
• Failing to comply with notices and sanctions

We can also review compliance and offer advice on risk management to help you avoid allegations of breaching environmental regulations or investigations into your organisation's conduct.

Q

Which bodies regulate environmental legislation?

A

There are a number of environmental regulators in the UK, including:

• The Environment Agency
• Natural Resources Wales
• The Scottish Environment Protection
• The Northern Ireland Environment Agency

Other regulators include:

• Natural England
• The Marine Management Organisation
• The National Measurement Office
• The Department for Environment, Food and Rural Affairs (Defra)
• The Department for Energy and Climate Change (DECC)
• The Department for Enterprise, Trade and Investment (DETI)

Local authorities also have their own environmental health departments that assist in the enforcement of environmental legislation.