The Office for Environmental Protection (OEP)

Description

The Office for Environmental Protection (OEP) was created in November 2021 under the Environment Act 2021. It is a public body that aims to protect and improve the environment by holding government and other public authorities to account.

This presentation, panel discussion and Q&A will focus on:

• the OEP and its enforcement role
• the duty on a public authority to cooperate with the OEP
• failures to comply with environmental law by public authorities
• OEP priorities
• information and decision notices
• environmental reviews
• the confidentiality of information provided to the OEP
• what to expect going forward.

About the speakers

Christopher Badger has an established practice in commercial regulatory investigations and prosecutions, specialising in environmental enforcement, acting for both corporate and individual defendants and on behalf of the Environment Agency. High profile cases in which he has recently been instructed include allegations of the deliberate illegal disposal of hazardous waste, the export of waste abroad, end of waste and environmental issues relating to the Thames Tideway super-sewer project.

He is often asked to provide early-stage advice into ongoing investigations, both pre-interview and pre-charge. Reported authorities include Environment Agency v Walker & Son (Hauliers) Ltd, the defining case on liability of landowners in environmental disputes, R v Rogers, Beaman and Tapecrown Ltd, the leading authority on the use of fresh evidence in appeals against sentence to the Court of Appeal and Environment Agency v Tapecrown Ltd, a landmark authority concerning the jurisdiction of the Court of Appeal in contempt of court appeals and the novel use of third parties to act as a means of enforcing Court ordered environmental remediation orders in criminal proceedings.

William Upton KC and Brendon Moorhouse will join Christopher Badger for the Q&A part of the event.

William Upton KC will address in particular whether the creation of the OEP changes how we should look at the enforcement of environmental law. William leads the Public, Planning and Environmental Law team in chambers, and his experience ranges across the civil and criminal courts, as well as planning inquiries. He has a particular interest in the overlap between planning and environmental law, and the regulatory control of land use.

Brendon Moorhouse will consider the options available that replace the complaint procedure to the European Commission under the new regime. Brendon works exclusively as an environmental barrister and has been involved in significant waste and water criminal cases as well as working in civil environmental permitting and regulation.

Programme

• 17:00 Welcome
• 17:10 Christopher Badger, ‘The Office for Environmental Protection – a year on, and what to expect…’
• 17:40 Panel discussion and Q&A
• 18:15 Networking and refreshments