The financial and reputational damage associated with an environmental prosecution in Scotland is substantial. If you or your business is subject to a criminal investigation by the Scottish Environmental Protection Agency, it is of paramount importance to instruct a law firm with relevant expertise in environmental law and criminal law.
The complexity of the law in relation to environmental prosecutions (e.g. waste disposal, exports or breach of permits) is often ambiguous, so it’s crucial to get expert legal advice.
At Anderson Strathern we have extensive expertise in dealing with a number of SEPA investigations and prosecutions, including alleged water or air pollution, non-compliance with waste regulations, including the storage, disposal and export of tyres, plastics, paper and metals.
The correct legal advice may assist in a diversion from prosecution by acceptance of civil penalties or enforcement undertakings introduced under the Regulatory Reform (Scotland) Act 2014. We are familiar with SEPA’s monetary penalties, undertakings, variable monetary penalties, compliance notices, restoration notices and prohibition notices.
We have acted for businesses facing criminal prosecution under the Water Environment (Controlled Activities) (Scotland) Regulations 2011 and the Pollution Prevention and Control (Scotland) Regulations 2012.
Our environmental crime team are here to assist you or your business navigate the regulatory landscape.