1. 23/02/2019

2. Environmental legal update – Spring 2018
John Mitchell, partner, Regulatory risk and compliance

3. 25 year plan: chemicals
“We will publish a new Chemicals Strategy to tackle chemicals of national concern that will build on existing approaches”
“Support collaborative work on human biomonitoring, address combination effects of different chemicals and improve the way we track chemicals across supply chains”
Prime Minister on 2 March confirmed that the UK wants to remain a member of the ECHA
23/02/2019

4. 25 year plan: plastics
“We will minimise waste by … working to a target of eliminating avoidable plastic waste by end of 2042”
The government will look “across the whole lifecycle, launching a call for evidence in 2018 seeking views on how the tax system or charges could reduce the amount of single use plastics waste”
Reform of the prn system
The call for evidence was made in the spring statement and has been published by the Treasury
NAO has announced a review of the prn system of producer responsibility
Government has rejected the “latte levy”
23/02/2019

5. 25 year plan: clean air
“We will publish a new Clean Air Strategy for consultation in 2018.”
“This will set out how we will continue to seek improvements to public health … and work towards our legally-binding ceilings on UK emissions of air pollution.”
21 February: High Court rules the government clean air plan unlawful for a third time
Deadine of 5 October given for publication of replacement plan (government had asked to be given until the end of 2018)
Government claims victory
23/02/2019

6. Enforcement undertakings Sep 17 to Jan 18
25 overall (£1.08m)
Packaging waste offences:
10 overall (£158k)
Mainly failing to register with the EA or a scheme
Highest £37k
Water pollution offences:
15 overall (£923k)
8 from water companies (£813k)
The water companies’ 8 were individually the highest
23/02/2019

7. Enforcement – straws in the wind
Speech by Emma Howard Boyd – chair of EA:
Fines should be made “proportionate to turnover”
Courts should “apply these penalties consistently”
EA consultation on new enforcement and sanctions policy
VMP calculations
Enforcement undertaking calculations
Michael Gove
23/02/2019

8. Unusual enforcement
Arrow Environmental fined £43,750 plus £80,000 in costs for dumping illegal waste into Severn Trent’s sewers
Beronhill fined £120,000 plus £60,000 costs for exceeding the limits in its trade effluent discharge consent from Severn Trent
CC Haulage & Sons fined £14,000 plus £5,000 in costs and a £90,000 confiscation order abusing a waste exemption in relation to construction spoil
Knowle Transport lost its operators licence for using AdBlue emulators to defeat emission control equipment on its vehicles
23/02/2019

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10. Environmental legal update – Spring 2018
John Mitchell, partner, Regulatory risk and compliance