Environmental investigations
There are a range of different circumstances in which a business or organisation may find that they are subject to an investigation by the Environment Agency or their local authority in relation to potential breaches of environmental legislation. These include, but are not limited to:
- Unacceptable pollution of the local area
- Fly tipping or other improper disposal of waste
- Water pollution
- Improper disposal of harmful chemicals or radioactive materials
- Unsafe storage or use of potentially hazardous materials
- Causing a negative impact environmentally on a protected species
The likelihood of your business being involved in any of these different environmental issues will depend on the nature of your operations, to some degree. However, all businesses have a legal responsibility to be compliant with all of the relevant environmental guidelines, under regulatory law.
If you are investigated by the Environment Agency or the local authority, the potential consequences for a business can be serious if you are found to be liable. You could receive a significant fine, be prosecuted or may also face civil claims for compensation by anyone who has been affected by the breach in regulations.
You will usually be informed that your business is subject to an investigation in writing, and may also be visited on your business premises in person by an agent or team. You, and other staff or representatives of the business, may be interviewed during the investigation, potentially under caution, as part of the investigation, which can be a very daunting prospect.
With support from environmental regulatory law specialists at Stephensons, you can benefit from expert advice and support at every stage of the investigation process, including during any interviews. This can help ensure that you are properly understood by the investigating officer or team, which can make a real difference to the outcome.
Environmental prosecutions
If the investigation finds that your business or an individual at the business has breached environmental law, they may choose to prosecute. If convicted of an offence of this type, the punishments could include an unlimited fine or even imprisonment. There can also be disqualification orders issued, which will mean the convicted individual can no longer be a director or manager of a business.
With such serious potential consequences, it’s vital to have expert legal support in your corner if you’re facing an environmental law prosecution, to enable you to make informed decisions throughout the process.
Why choose Stephensons?
At Stephensons, our regulatory law team have a wide range of experience in different aspects of environmental law and have helped defend many businesses facing an investigation or prosecution by the Environment Agency or a local authority.
Not only can we help businesses to ensure compliance in the first instance, in every relevant area of environmental law, we can also provide expert help throughout the investigation process and, if needed, during every stage of any further legal proceedings.
Get in touch with our specialist team today to find out more about how we can help your business with any environmental regulatory concerns you may have.
