Environment law update: Liability in environment law 4

United Kingdom

Business performance

The EA has published Spotlight 2001, its fourth annual report on business environmental performance. The report showed an increase in the number of serious water pollution incidents including cases of noxious effluent, raw sewage, silt and oil contaminating water courses. Although the EA says that it mounted more successful prosecutions than in 2000, the average level of fine fell to £6,410. The EA is now calling for higher levels of fines for environment-related offences so that they reflect damage done to the environment.
(EA, July 2002)

Environmental liability

DEFRA has published an overview of the responses it has received to its consultation on the proposed EU Directive on Environmental Liability. Around 190 organisations were invited to submit views during the consultation exercise which closed in May 2002. Of these 27% responded, 92% of which were from business and 8% from environmental NGOs. Over 80% of views supported the broad principles of the proposed Directive, with 5% expressing the view that the proposal did not go far enough and 75% of those supporting the broad principles did not think that the proposed Directive would achieve its environmental aims. It was generally felt that there was a need for greater clarity, particularly for definitions. There was also concern that the proposals if implemented would make unreasonable demands on operators, with 42% of respondents taking this view. In addition, 69% believed that it would place a disproportionate burden on SMEs.
(DEFRA, September 2002)

For further information please contact Paul Sheridan on ++44 (0)20 7367 2186 or at [email protected]