defending Environment Agency investigation
the challenge:
A major manufacturer and importer was being investigated by
the Environment Agency for non-compliance with the Producer
Responsibility (Packaging Waste) Regulations 2005. The case
also included a calculation of the avoided costs from
non-compliance.
our approach:
We advised our client on the application of
these complex regulations. Our role included acting for them
during the interview under caution, making representations against
the prosecution and appearing at numerous court hearings.
Having reviewed our client’s position, we advised that the
regulations did not give them any defence and we asked for credit
for an early guilty plea. We also examined the Environment
Agency’s calculation of avoided costs of £40,000 and made
representations on behalf of our client to reduce this amount.
the result:
Our application for credit for the early guilty plea was
successful; the original calculation of avoided costs was found to
be incorrect and the Environment Agency accepted our revised
estimate, which was one third of their initial figure. This
represented a significant saving for our client in relation to the
penalties imposed and brought the matter to a satisfactory
conclusion.