Environmental Liability For Parties Where Primary Fault Lies Elsewhere

Environment Agency v Brock plc

Environment Agency v Milford Haven Port Authority

We previously reported Empress Car Company (arbertillery) Limited v National Rivers Authority. Two recent cases indicate the extent of the burden placed on landowners and operators/managers in relation to environmental matters following Empress.

The facts of Environment Agency v Brock plc were simple. As part of its business Brock pumped liquid waste from a tip through pipes. A seal purchased from another company burst, causing the leachate to pollute controlled waters contrary to Section 85 (1) of the Water Resources Act 1991. Lord Justice Roch held, following Empress, that pumping the leachate was a positive act by Brock, since without it there would have been no pollution.