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Regulatory

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Ashfords’ Business Risk and Regulation Team has extensive experience in the Energy and Waste sector: advising on complex compliance issues, negotiating with regulators, advising businesses on the response regulator investigations and, if the worst happens, crisis management and the defence of prosecutions.

Our team are industry experts who draw from a breadth of experience within and outside of their legal careers. Leading the team, Ben Derrington has a Masters’ Degree in Environmental Analysis and Assessment, which gives him an advantage in understanding the technical issues that underpin waste and environmental law and can be the key to finding solutions for our clients.

Our team can help bridge the gap between legal and technical issues to ensure that regulators are effectively engaged on issues of commercial importance, while maintaining productive and co-operative relationships.

We advise on regulatory matters including: environmental permitting; waste management and classification; ‘end of waste’; pollution incidents; compliance schemes and subsidies. This includes negotiating with regulators as well as defending prosecutions brought by the Environment Agency, DEFRA or Ofgem.

The team also assists clients with crisis management following serious incidents. Following such incidents, resources are often stretched and legal support to help co-ordinate the response often means the difference between success and failure. We are experienced in working as part of a multi-disciplinary team to manage all the relevant risks: legal, practical and reputational.

There are simple steps businesses can take to make themselves resilient to regulatory issues and incidents and by carrying out a simple audit, we can help your business develop the right protections.  

Environment

Compliance with environmental laws is a technical exercise which can mean the difference between success and failure in the energy and waste sectors. Our team advises on all aspects of environmental compliance, helping our clients to solve regulatory problems and effectively manage incidents and contentious issues with environmental permits and exemptions.

Health and Safety

Our team can assist with the complex health and safety issues that can arise in waste and energy businesses, including on sites regulated under the Control of Major Accident Hazards Regulations. Whether there has been an incident, or your business simply wants to establish if it has done enough to control risks, we can advise on the best way forward.

Vehicle Licensing

Our team understand the commercial needs and regulatory requirements that have to be accommodated in the transport operations that support waste and energy businesses. We provide practical and realistic advice aimed at protecting an operator's licence, the status of Transport Managers, and the ability to operate effectively.

Specialisms

  • Environmental permitting and exemptions (compliance, applications and variations)
  • Crisis and incident management
  • Waste classification issues and end-of-waste determinations
  • Audit and due diligence assessments of waste and energy operations
  • Waste management law
  • Contentious issues in sustainable energy subsidies
  • Health and safety, COMAH
  • Vehicle licensing

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