Richard has advised and acted for corporations in environmental cases concerned with the Environmental Protection Act 1990, the Water Resource Act 1991, groundwater / controlled waters pollution, waste management regulation, waste permits / licenses, Producer Responsibility Obligations and Transfrontier Shipment of Waste Regulations.
Richard recently represented Murfitts Industries Ltd at Cambridge Crown Court in a prosecution brought two years after a devastating fire at the company’s licensed tyre recycling facility in Littleport for an alleged breach of the Environmental Protection Act 1990 relating to the keeping of controlled waste allegedly in a manner likely to cause pollution. After two days of argument and following rulings by the trial judge, the EA offered no evidence and the company was acquitted. See here and here.
Richard acted for Community Waste Limited and Atlantic Paper in the Environment Agency prosecution brought in relation to exports of sorted waste paper in alleged breaches of Transfrontier Shipment of Wate Regulations. Both companies were acquitted when no evidence was offered by the Prosecution. This follwed a defence case statement challenge regarding Environment Agency sampling of alleged waste and the percentage contamination threshold.
Richard was instructed on behalf of the HSE and Environment Agency in the prosecution resulting from the investigaiton into the Buncefield oil terminal explosion and fire.
Prosecution for alleged breach of Environmental Protection Act 1990 (keeping of controlled waste in manner likely to cause pollution) arising out of a tyre fire that burned for weeks at the defendant’s recycling premises, which was operated subject to an Environmental Permit with license conditions and to regular inspection by the EA. Acted for defence. After two days of argument the EA offered no evidence and the defendant company was acquitted with costs. Case involved extensive expert evidence and argument concerning status of Home Office Guidance.
Appeared for Defence. Prosecution of two companies for alleged breaches of Transfrontier Shipment of Waste Regulations. Prosecution not proceeded with following defence case statement challenge re sampling of alleged waste and percentage contamination threshold.
Appeared for Defence
Local authority prosecution over alleged breach of environment protection legislation.
Appeared for Defence
Prosecution of company and director concerning mercury nitrate processing, allegations contrary to Health & Safety at Work etc. Act 1974 and of manufacturing a prescribed process. Joint Environment Agency and HSE prosecution
Appeared for Defence
Watercourse pollution case alleged against contract supervisors. (Environment Agency).
