Mathew Richards, R (on the application of) v The Environment Agency

Mathew Richards, R (on the application of) v The Environment Agency

The Environment Agency must implement the advice of Public Health England as expressed in the Fourth PHE Risk Assessment (published 5 August 2021) by designing and applying measures that, in its regulatory judgment, will effectively achieve: (1) reduction of off-site odours to meet, as early as possible and thereafter, the WHO half-hour average (5PPB); and (2) reduction of daily concentrations in the local area to a level, from January 2022 and thereafter, below the US EPA Reference Value (1PPB) as the acceptable health-based guidance value for long-term exposure. The Agency's legal obligations are not currently satisfied on the evidence, but the Court grants a declaration specifying the...

Parties
Claimant: Mathew Richards; Defendant: The Environment Agency; Interested Party: Walleys Quarry Limited
Jurisdiction
England and Wales
Judgment Date
16 September 2021
Procedural Posture
Judicial Review / Final Judgment and Orders
Outcome
Declaration granted specifying the Environment Agency's legal obligations; permission for judicial review granted; no finding of current breach; costs order for one-third of claimant's costs; interim payment ordered.
Legal Topics
Pollution Control, Article 2 ECHR, Article 8 ECHR, Public Health, Regulatory Compliance, Children's Rights
Environmental Law Human Rights Law Administrative Law Pollution Control Article 2 ECHR Article 8 ECHR Public Health Regulatory Compliance +1 more

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Parties

Mathew Richards

Claimant

The Environment Agency

Defendant

Walleys Quarry Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment and Orders

Legal Issues

  1. 1 Whether the Environment Agency breached its positive operational duties under Article 2 and Article 8 ECHR to protect the claimant from hydrogen sulphide emissions
  2. 2 Whether the Agency acted reasonably and took sufficient steps to acquaint itself with relevant information regarding health impacts
  3. 3 Appropriate legal standards for chronic exposure to hydrogen sulphide in children

Ratio Decidendi

The Environment Agency must implement the advice of Public Health England as expressed in the Fourth PHE Risk Assessment (published 5 August 2021) by designing and applying measures that, in its regulatory judgment, will effectively achieve: (1) reduction of off-site odours to meet, as early as possible and thereafter, the WHO half-hour average (5PPB); and (2) reduction of daily concentrations in the local area to a level, from January 2022 and thereafter, below the US EPA Reference Value (1PPB) as the acceptable health-based guidance value for long-term exposure. The Agency's legal obligations are not currently satisfied on the evidence, but the Court grants a declaration specifying the...

Court Disposition

Declaration granted specifying the Environment Agency's legal obligations; permission for judicial review granted; no finding of current breach; costs order for one-third of claimant's costs; interim payment ordered.

Orders

  • Declaration: The Environment Agency must implement PHE's Fourth Risk Assessment advice by designing and applying measures to achieve (1) reduction of off-site odours to meet WHO half-hour average (5PPB) as early as possible and thereafter; (2) reduction of daily concentrations to below US EPA Reference Value (1PPB)...
  • Permission to apply for judicial review granted.