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.
The failure of the seal was a fact of life, notwithstanding that it was not foreseeable. Therefore Brock was guilty of the offence even though it was not itself at fault.
Our second case concerns the Sea Empress, which ran aground in Milford Haven. 72,000 tonnes of oil were spilt. In the prosecution, the Environment Agency, relied heavily on Empress. It argued that Milford Haven Port Authority's routine for bringing tankers into Milford Haven did not take account of foreseeable risks, including failing to take account of the state of the tide. The wreck was not an extraordinary event breaking the chain of causation.
The Judge agreed, fining the Port Authority £4 million. He would have imposed a larger fine had the defendant been a large private business.
These cases make two points. Brock emphasises that excuses by companies which habitually handle potential pollutant will not be accepted. The Milford Haven case indicates that a company causing pollution can and will be held responsible if its management system is inadequate. There are implications here for landlords that fail to monitor their tenants' activities, especially if the landlord retains direct control of parts of its estate. The most obvious example if where a landlord retains control of drains, but permits tenant to use these drains for disposal of waste from their properties.
This note is intended to provide general information about developments which may be of interest. It is not intended to be comprehensive nor to provide any specific legal advice and should not be acted or relied upon as doing so. Professional advice appropriate to the specific situation should always be obtained. If you would like further information or specific advice, please contact Macfarlanes.
