National Grid Gas Plc, R (on the application of) v The Environment Agency [2006] EWHC 1083 (Admin) (17 May 2006)

National Grid Gas Plc, R (on the application of) v The Environment Agency [2006] EWHC 1083 (Admin) (17 May 2006)

The term 'person' in section 78F(2) of the Environmental Protection Act 1990 includes statutory successors to the original polluter where statutory transfer schemes ensure continuity of liabilities. Parliament intended that responsibility for remediation of contaminated land should rest with the original polluter or its statutory successor, not innocent owners or the public. Therefore, Transco, as statutory successor to entities responsible for the contamination, is an 'appropriate person' liable for remediation costs under Part IIA of the EPA 1990.

Citation
[2006] EWHC 1083 (Admin)
Parties
Claimant: National Grid Gas plc (previously Transco plc); Defendant: The Environment Agency
Jurisdiction
England and Wales
Judgment Date
17 May 2006
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Contaminated Land Liability, Statutory Successor Liability, Retrospective Liability, Interpretation of 'appropriate Person', Remediation Cost Recovery
Environmental Law Administrative Law Statutory Interpretation Contaminated Land Liability Statutory Successor Liability Retrospective Liability Interpretation of 'appropriate Person' Remediation Cost Recovery

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Parties

National Grid Gas plc (previously Transco plc)

Claimant

The Environment Agency

Defendant

Procedural Posture

Judicial Review / High Court 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 companies can be liable for contamination caused by predecessor entities under the EPA 1990.
  3. 3 Whether liabilities under the EPA 1990 can be transferred by statutory transfer schemes where the liability did not exist at the time of transfer.

Ratio Decidendi

The term 'person' in section 78F(2) of the Environmental Protection Act 1990 includes statutory successors to the original polluter where statutory transfer schemes ensure continuity of liabilities. Parliament intended that responsibility for remediation of contaminated land should rest with the original polluter or its statutory successor, not innocent owners or the public. Therefore, Transco, as statutory successor to entities responsible for the contamination, is an 'appropriate person' liable for remediation costs under Part IIA of the EPA 1990.

Court Disposition

Claim dismissed

Orders

  • Transco is liable as an 'appropriate person' under Part IIA of the Environmental Protection Act 1990 for the remediation of the Bawtry site.
  • No costs to be recovered from current owners or occupiers of the affected properties.