Neal Soil Suppliers Ltd v Environment Agency

Neal Soil Suppliers Ltd v Environment Agency

The Crown Court erred in law by refusing to modify the section 59 notice on the basis that compliance would constitute a criminal offence under section 33(1)(b) and by relying on policy considerations of deterrence and punishment, which are not the purpose of section 59. The correct approach is to determine the most appropriate remedial steps for the protection of human health and the environment.

Parties
Claimant: Neal Soil Suppliers Limited; Defendant: Environment Agency
Jurisdiction
England and Wales
Judgment Date
31 October 2007
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal From Crown Court
Outcome
Appeal allowed
Legal Topics
Waste Management, Section 59 Notices, Licensing Requirements, Remedial Orders, Policy Considerations in Environmental Enforcement
Environmental Law Administrative Law Criminal Law Waste Management Section 59 Notices Licensing Requirements Remedial Orders Policy Considerations in Environmental Enforcement

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Parties

Neal Soil Suppliers Limited

Claimant

Environment Agency

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal From Crown Court

Legal Issues

  1. 1 Whether the Crown Court erred in refusing to modify a section 59 notice to allow on-site treatment of contaminated soil on the basis that such treatment would be an offence under section 33(1)(b) of the Environmental Protection Act 1990 and/or contrary to the purpose of the legislation

Ratio Decidendi

The Crown Court erred in law by refusing to modify the section 59 notice on the basis that compliance would constitute a criminal offence under section 33(1)(b) and by relying on policy considerations of deterrence and punishment, which are not the purpose of section 59. The correct approach is to determine the most appropriate remedial steps for the protection of human health and the environment.

Court Disposition

Appeal allowed

Orders

  • Order of the Crown Court quashed
  • Matter remitted to the Crown Court for reconsideration