Regulatory and Commercial Advocacy

Environment Agency Investigation

If you have the Environment Agency knocking at your door to inspect or investigate a breach of environmental law seek legal advice.Environment Agency investigations cover a wide range of potential offences including pollution of land, miscarriage of controlled waste and pollution of water to name but a few. It’s a complex area and the penalties, which include unlimited fines or imprisonment, the suspension or revocation of a license or enforced business closure, can be severe so seek a solicitor who can demonstrate in depth knowledge of Environment Agency procedures. At Grindeys we have the knowledge to represent and defend any company or individual, in England and Wales, at every stage of the process.

Stage 1 The Interview

When the Environment Agency interview a company or individual under caution for a breach of legislation it is wise to talk to a solicitor in advance and, have a solicitor by your side at the interview. Prior to interview your Grindeys solicitor will visit your site to learn about your business, how it operates and what environmental systems are in place. This will enable your solicitor to advise on the appropriate responses and behaviour at interview. It is important for legal advice to be obtained at this stage as any replies given in interview may be significant in any subsequent prosecution.

Your solicitor will be present at the interview. Not to answer the questions but to represent your interests and ensure the interview is conducted in a fair manner.

Stage 2 Arrest

Certain breaches, for example removal or disposal of special waste such as asbestos in a manner not in accordance with a waste management license, may require the Environment Agency to obtain the assistance of the police to make an arrest.

Should this happen, your solicitor will be available to assess the alleged offences and advise on any statutory defences.

Stage 3 Notices

If the Environment Agency issue a notice (an enforcement notice, a works notice or an enforcement and suspension notice) your solicitor can advise on the best options available to either rectify the breach or appeal against the notice.

Stage 4 Prosecution

After the initial investigation the Environment Agency will decide whether to prosecute for breach of legislation or regulation. If this is the route they choose, we will continue to represent your interests until the final outcome is decided before the court.