Environment Law

The European Commission has issued its inaugural progress report on the EU CO₂ injection capacity target set under Regulation (EU) 2024/1735, the Net-Zero Industry Act (NZIA)......

A framework document outlining governance, accountability, and operational arrangements for the OEP has been issued by the Department for Environment, Food and Rural Affairs (Defra), the Department of Agriculture, Environment and Rural Affairs (DAERA), and the Office for Environmental Protection (OEP)......

The Environment Agency (EA) has issued a position statement that sets out its approach to using nature-based solutions (NbS) to support sustainable water resources in England, and addressed to stakeholders including water companies, regional water resources groups, NGOs, local authorities, farmers and landowners......

Reform of anti-social behaviour powers (2014) The Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) overhauled the measures for tackling anti-social behaviour (ASB), seeking to bring remedies together and make their use simpler and more effective. In July 2014, the government released fresh statutory guidance, ‘Reform of anti-social behaviour powers: statutory guidance for frontline professionals’. That guidance was refreshed in August 2019 and again in January 2021 to incorporate the Sentencing Code, introduced by the Sentencing Act 2020 (SA 2020), which repealed and replaced ABCPA 2014, Pt 2, and it has been updated regularly since. The opening section of the statutory guidance prioritises victims, placing them at the heart of the response to ASB. Across the document there is a strong focus on ensuring the powers are deployed properly and in proportion to the particular conduct creating harm or nuisance. In July 2022, the Home...

What are invasive species? ‘Invasive species’ describes plants and animals that can take hold, spread or grow in ways likely to cause nuisance or impose other financial burdens. Within property transactions, the primary concern is typically Invasive Non-Native Species (INNS). These are organisms introduced beyond their usual geographic range that may harm native flora and/or fauna or lead to notable environmental and/or economic costs. For further details, see Practice Note: Invasive species—regulation and offences... What weeds are regulated? Injurious weeds are invasive native or naturalised species listed in the Weeds Act 1959 (WA 1959): common ragwort ( Senecio jacobea ) broad-leaved dock ( Rumex obtusifolius ) curled dock ( Rumex crispus ) creeping or field thistle ( Cirsium arvense ) spear thistle ( Cirsium vulgare ) The Wildlife and Countryside Act 1981 (WCA 1981), as amended, identifies in Schedule 9 the animals (Part I) and...

This tracker monitors relevant EU-UK environmental law divergence and will be of interest to environmental lawyers. It captures significant areas where EU and UK rules diverge, though it is not an exhaustive catalogue. Where relevant, it flags internal UK differences (for example, between GB and NI, or between devolved administrations and the EU). The focus is on departures from EU Directives and Regulations; Decisions are not covered. UK consultations on principal divergence themes are noted. EU initiatives to introduce or amend legislation are added once the Council of the EU and the European Parliament have reached provisional agreement on the texts, enabling an indicative timetable for entry into force and applicability to be given. For a view of all EU environmental initiatives across every legislative stage, refer to our complete suite of EU environmental law trackers listed below. In this Practice Note,...

[ State name of public authority ] [ Give public authority address, with postcode ] [ Supply the public authority’s email address, or the email of the specific employee/officer ] For the attention of: [ if you possess the name of a specific employee/officer at the public authority ]......

[ Insert address of applicant ] [ Insert name of public authority ] [ Insert address of public authority ] [ Insert date of application ] Dear [ insert organisation name ], I am seeking disclosure of the following information pursuant to section 1(1) of the Freedom of Information Act 2000: [ Insert description of the information requested ]. Please provide the information in [ specify hard copy or electronic format ]. If you have any questions about this request, or a fee is necessary to process it, kindly contact me at the earliest opportunity [ , ideally by [ insert method ] ]. My contact details are as follows: Address: [ insert address for correspondence ] Telephone: [ insert telephone number ] Email: [ insert email address ] Yours faithfully, [ Insert name of applicant ]......

To: [ name ] of [ address ] Please note that: The [ name ] [ District ] [ Borough ] [ City ] Council (the Council) is satisfied that a statutory nuisance [ exists OR is likely to [ occur OR recur ] ] under section 79(1) [ specify which subsection ] of the Environmental Protection Act 1990 (EPA 1990), originating from [ the premises at ] [ specify the address of the source of the nuisance ] and resulting from [ describe the matters which are causing the nuisance ]. This abatement notice is issued to you as you are [ the person responsible for the statutory nuisance OR [ the owner OR the occupier of ] the premises ]. What you are required to do [ You are required to abate... ...

Position where the contract for sale is silent in relation to environmental liabilities If a land sale contract says nothing about environmental liabilities, allocation of responsibility turns on various factors, including the nature of the liability, who caused or knowingly permitted the issue, and when it took place, depending on the circumstances in which it occurred. By way of illustration, there are several liability regimes for land contamination, including liability for contaminated land under Part IIA of the Environmental Protection Act 1990 (EPA 1990) (see Practice Note: Land contamination—potential liabilities). Under EPA 1990, Part IIA, liability is both strict and retrospective. Class A persons, namely those who cause or knowingly permit the contamination, will be liable......

The Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regulations), SI 2012/3118 The Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regulations), SI 2012/3118 have applied since 9 January 2013. They place specific duties on owners of buildings they plan to sell or let to third parties. They implement Directive 2010/31/EU of the European Parliament and of the Council dated 19 May 2010 on the energy performance of buildings. It is useful first to consider what is meant by a building under the EPC Regulations, SI 2012/3118. Under reg 2(1), a building is a roofed structure with walls where energy is used to regulate the indoor climate, and this will generally also cover a building unit within that building. The same regulation provides that a building unit is a section, storey or apartment within a building designed or adapted for...

The Freedom of Information Act 2000 (FIA 2000) and the Data Protection Act 1998 (DPA 1998) are distinct regimes, save for the overlap raised here. They otherwise operate separately from one another as a rule. FIA 2000 contains various exemptions. Those exemptions mean the kind, character or even the presence of the information need not be revealed under FIA 2000. For this scenario, the pertinent carve-out is in FIA 2000, s 40, in particular FIA 2000, ss 40(1) and 40(5)(a). Where the material amounts to personal data and the data subject seeks disclosure via FIA 2000, the exemption applies in absolute terms......