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The Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 EPR 2016, SI 2016/1154 is the primary framework for environmental permitting and compliance, applying across diverse activities and industries. All offences taking place on or after 1 January 2017 are prosecuted under EPR 2016, SI 2016/1154. For information on environmental permitting generally, see: Environmental permits and exemptions—overview. For offences under EPR 2016, SI 2016/1154, the Environment Agency (EA) and Natural Resources Wales (NRW) may use a range of sanctions. The Regulations establish offences relating to: waste water quality groundwater radioactive substances Waste operations charges can be brought under EPR 2016, SI 2016/1154, or the Environmental Protection Act 1990 (EPA 1990). Offences linked to water discharge activities or groundwater activities are commonly enforced through EPR 2016, SI 2016/1154, reg 38(1)(a), in respect of a breach of regulation 12(1)(b). See Practice Notes: Unauthorised or harmful deposit, treatment or disposal of waste and Environmental Permitting Regulations 2016—enforcement, offences and civil...
In this issue: Energy efficiency and buildings Energy for environmental lawyers Environmental enforcement and prosecutions ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Latest Q&A Energy efficiency and buildings The Department for Energy Security and Net Zero (DESNZ) has issued its 2025 post‑implementation review (PIR) of the Energy Savings Opportunity Scheme (ESOS) Regulations 2014 (SI 2014/1643). Using Phase 3 compliance notifications from the Environment Agency, together with unpublished interim data from Phase 3 action plans, and building on the 2020 PIR, it recommends holding off any major amendments to the ESOS Regulations until a full evaluation ends in May 2026, after which a comprehensive PIR will be completed. The research evaluates how energy audits and reporting identify and deliver energy efficiency savings across organisations. See: LNB News 14/08/2025 6...
In this issue: Medical devices Data protection and life sciences Pharmaceuticals—regulatory framework Research and development Daily and weekly news alerts New and updated content Trackers Useful information UK medical devices regulation—where are we now? Life Sciences analysis: As expected, 2025 has become a pivotal year in the UK’s shift towards a new post‑Brexit medical devices regime (see our earlier updates here and here). The Medicines and Medical Devices Act 2021 (MMDA 2021) grants broad powers to the Secretary of State to set provisions that amend or supplement existing requirements. Although we are still awaiting the draft core regulations, some reforms are already in force. Freshfields’ Life Sciences team sets out recent highlights stemming from a series of consultations by the UK’s Medicines and Healthcare products Regulatory Agency (MHRA), indicating the direction of travel. See News Analysis: UK medical devices regulation—where are we now? MedTech Europe responds to European Commission call for evidence on Innovation Act...
Following a disorderly 2025—marked by shifting rules and unproven legal theories—2026 looks marginally more predictable, though no less tough. Businesses should anticipate ongoing growth in disputes, from greenwashing class actions to state‑led consumer protection cases. A fragmented regulatory scene—a tug‑of‑war between US federal and state authorities, alongside indecision within the European Union—will keep compliance complex for multinational companies. Greenwashing risk shifting from regulation to litigation Where we are For at least a decade, companies have encountered rising exposure from government enforcement and private actions over ‘greenwashing’—overstated or misleading claims about environmental benefits tied to products or corporate behaviour. Attempts on both sides of the Atlantic to toughen the rules—an update to the Federal Trade Commission’s Green Guides and the draft EU Green Claims Directive—have stalled. Meanwhile, consumer‑centred litigation is accelerating. Recently, firms across technology, food, fashion, airlines and other sectors have been hit with class actions alleging greenwashing, challenging claims ranging from carbon neutrality to green product labels. State attorneys general have also been active, notably in...
The extended producer responsibility (EPR) regime for packaging and packaging waste The extended producer responsibility (EPR) regime for packaging and packaging waste shifts the entire cost of managing household packaging waste from households to packaging producers, placing on them accountability for their packaging costs throughout its lifecycle. Lower charges apply to sustainable packaging, incentivising designs that use fewer materials and are easier to recycle. Under EPR, Local Authorities (LAs) receive producer-funded payments covering the net costs of collecting, managing, recycling and disposing of this household packaging waste. EPR is governed by the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024, SI 2024/1332 (as amended). These regulations define a range of persons and bodies with specific functions within the regime. These are: producers—these are the principal duty holders compliance schemes the Scheme Administrator (SA) (PackUK) ‘relevant authorities’ which are LAs as household waste collection and disposal authorities responsible for household waste services reprocessors and exporters the ‘appropriate agency’—in England, the Environment...
UK battery strategy In December 2023, the UK government set out its battery strategy, created by and delivered through the UK Battery Strategy Taskforce. Its core pillars are: Design Build Sustain The principal aim to 2030 is to establish a robust UK battery supply chain. Regulation is expected to evolve to incorporate extended producer responsibility (EPR) obligations, shifting the full cost of managing household waste to producers, in line with the ‘polluter pays principle’. Under EPR, producers are anticipated to: Achieve updated recycling targets Provide clear recyclability labelling Commitments by the UK government and the devolved administrations to implement EPR appeared in the 2018 Resource and Waste Strategy for England and the Welsh Government’s Beyond Recycling. Alongside outlining Defra’s future commitments and actions, the strategy set a long-term policy trajectory, reflected in the Environment Improvement Plan 2023 for England. For further detail, see Practice Note: Waste management plan and policies—England. Part 3 of the...
Waste from extractive operations (‘mining waste’) Mining waste encompasses materials that must be removed to gain access to mineral resources (but are not actually processed), for example topsoil, overburden and waste rock, as well as tailings—the material left over after the process of extracting the valuable content from an ore. Some fractions are inert and unlikely to present a significant environmental threat; others, in particular those from the non‑ferrous metal mining industry, may contain hazardous substances, such as heavy metals. For more information see Practice Note: Waste types and controls—extractive waste/mining waste The regulation of mining waste in England and Wales is primarily through the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 (as variously amended), which is the main regulatory legislation governing the environmental permitting and compliance regime applying to a range of activities and industries. EPR 2016 came into force on 1 January 2017 and consolidated all of the amendments to the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675. EPR...