Environmental law - EPA inquiries

The Environmental Protection Act 1990 is the modern day descendant of the public health acts of the 19th century. Inevitably reflecting the preoccupations of the times in which they are passed, the current act and the statutory instruments made under it represent the most comprehensive environmental control regime yet.

Part I of the EPA 1990 established a new pollution control regime - "integrated pollution control" - for prescribed industrial, commercial and other process to be operated (now) by the Environment Agency and a parallel regime providing for local authority control of air emissions from a second tier of less polluting processes. Central to the new regime are authorisations, which any person proposing to operate a prescribed process must obtain. Appeals against the refusal or granting of authorisations for prescribed purposes are dealt with by inquiries. Similarly, appeals against enforcement notices are also dealt with by means of an inquiry. They often involve a complex mixture of legal and technical issues. Other procedures are also provided for under the EPA, including inquiries in relation to the designation of contaminated land as "special sites", appeals against remediation notices in relation to contaminated land and so forth.

4-5 Gray's Inn Square have considerable experience in EPA inquiries. We strive to maintain a practical, focussed approach that brings together the various disciplines that such inquiries invariably draw upon.