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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: Air emissions and climate change Brexit Contamination and pollution Energy efficiency and buildings Energy for environmental lawyers Environmental assessment Environmental enforcement and prosecutions Environmental information ESG and sustainability Marine Nature, biodiversity and habitat conservation Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change EA issues five guides on monitoring ambient air. The Environment Agency has released five guidance documents covering approaches to ambient air monitoring. See: LNB News 10/09/2024 17. NSTA releases 2024 Emissions Monitoring Report. The North Sea Transition Authority reports a 28% fall in production emissions across the UK’s upstream oil and gas sector between 2018 and 2023, with half of the cuts delivered through targeted emissions reduction actions. Despite the drop, emissions intensity—greenhouse gases per barrel produced—is expected to have risen due to lower output. See: LNB...
In this issue: Air emissions and climate change Brexit Contamination and pollution Energy for environmental lawyers Environmental information Environmental taxes, reliefs and incentives ESG and sustainability Nature, biodiversity and habitat conservation Sources of environmental law (UK, EU, international) Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Updated Practice Notes Trackers Useful information Air emissions and climate change The Financial Conduct Authority has released a speech by its chief operating officer, Emily Shepperd, underscoring the need to channel growth and investment to deliver net zero by 2050. Shepperd stressed active engagement with industry so rules are proportionate, unnecessary burdens are avoided, and fresh talent is attracted. She examined how resilient regulatory architecture can foster economic expansion and the transition to net zero, while upholding robust standards and balancing risk with investor protection. See: LNB News 06/11/2024 40....
In this issue: Air emissions and climate change Pollution and contamination Building energy efficiency Energy for environmental lawyers Environmental litigation and proceedings Environmental enforcement and prosecutions Environmental liability, insurance and due diligence ESG and sustainability Nature, biodiversity and habitat protection Waste Producer responsibility schemes for waste Water, flooding and drainage LexTalk®Environment: a Lexis®Nexis community News alerts—daily and weekly Updated and new content Trackers Latest Q&A Useful information Air emissions and climate change Battery deployment key to meet global climate targets In its report, the International Energy Agency (IEA) highlights that batteries are pivotal to delivering global energy and climate ambitions and addressing climate change. By 2030, storage capacity must expand sixfold, with batteries accounting for about 90% of new capacity and the remainder provided by pumped hydropower. See News Analysis: Battery deployment key to meet global climate targets. DfT opens consultation on revenue certainty...
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...
Waste Electrical and Electronic Equipment Regulations 2013 (SI 2013/3113), as amended, implement Directive 2012/19/EU (recast WEEE Directive) and replace the Waste Electrical and Electronic Equipment Regulations 2006 (SI 2006/3289). Rooted in the principle of ‘extended producer responsibility’, they place obligations on producers to manage the environmental impacts of their products, particularly at the ‘end of their life’ when they become waste. Producer compliance schemes Under WEEE 2013, reg 14, any producer placing five tonnes or more of EEE on the UK market in a year must join a Producer Compliance Scheme (PCS). A PCS supports compliance and arranges for collected WEEE to be sent to an Approved Authorised Treatment Facility (AATF) or an Approved Exporter (AE) for treatment in the UK or overseas. For further details on producers’ duties, see Practice Note: WEEE—producer obligations. Applications for approval A PCS must be approved by the Environment Agency (EA) for applicants based in England, and by Natural Resources Wales (NRW) for applicants based in Wales...
Restriction notices Section 109A of the Environment Act 1995 (EA 1995) authorises the Environment Agency (EA) and Natural Resources Wales (NRW), in England and Wales, to issue a notice that restricts access to premises and the importation of waste into those premises for up to 72 hours, by serving a restriction notice, where there is a risk of serious pollution to the environment or serious harm to human health arising from the treatment, keeping, deposit or disposal of waste, and where issuing the notice is necessary to prevent that risk from continuing. For information on the EA’s other powers to investigate criminal offences, see Practice Note: Environment Agency—powers to investigate environmental crime. For information on NRW’s other powers to investigate criminal offences, see Practice Note: Natural Resources Wales—powers to investigate environmental crime. Restriction notices are available only for use by the EA and NRW. Before issuing a restriction notice, the EA or NRW must make reasonable efforts to inform the occupier and the owner of the premises that the...