National Grid Gas Plc, R (on the application of) v The Environment Agency

National Grid Gas Plc, R (on the application of) v The Environment Agency

Statutory successor companies are liable under Part IIA of the Environmental Protection Act 1990 for contamination caused by their predecessors, where statutory transfer provisions ensure continuity of liabilities, including those arising under future legislation. The term 'person' in section 78F(2) EPA 1990 includes such successors, and Parliament intended that the polluter (including its statutory successor) should bear responsibility for remediation, not innocent owners or the public purse.

Parties
Claimant: National Grid Gas plc (previously Transco plc); Defendant: Environment Agency
Jurisdiction
England and Wales
Judgment Date
17 May 2006
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Contaminated Land Liability, Statutory Successor Liability, Retrospective Liability, Judicial Review of Agency Decision
Environmental Law Administrative Law Statutory Interpretation Contaminated Land Liability Statutory Successor Liability Retrospective Liability Judicial Review of Agency Decision

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

National Grid Gas plc (previously Transco plc)

Claimant

Environment Agency

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Transco is an 'appropriate person' under Part IIA of the Environmental Protection Act 1990 for the purposes of liability for remediation of contaminated land at Bawtry, Doncaster.
  2. 2 Whether statutory successor liability under the Gas Acts includes liability for future statutory regimes not in force at the time of transfer.
  3. 3 Whether the Environment Agency's decision was lawful in designating Transco as liable for remediation costs.

Ratio Decidendi

Statutory successor companies are liable under Part IIA of the Environmental Protection Act 1990 for contamination caused by their predecessors, where statutory transfer provisions ensure continuity of liabilities, including those arising under future legislation. The term 'person' in section 78F(2) EPA 1990 includes such successors, and Parliament intended that the polluter (including its statutory successor) should bear responsibility for remediation, not innocent owners or the public purse.

Court Disposition

Application dismissed

Orders

  • Application for judicial review is dismissed.