his article analyses two landmark cases involving contaminated land in the UK. As the UK’s contaminated land regime is relatively new there has only been two appeal cases to date. This article considers how these two cases impact on the interpretation and application of liability-determining provisions of the contaminated land regime. In addition, practical implications of these judgments are also discussed. Finally, we review how the cases can be reconciled and what this might mean for the regime’s future and effectiveness. The two recent High Court cases involving the contaminated land regime (Part IIA of the Environmental Protection Act 1990) are: (a) R (on the application of the National Grid Gas plc) (formerly Transco Plc) v. Environment Agency (2006) (“the National Grid Gas case”); and (b) Circular Facilities (London) Ltd v. Sevenoaks District Council (2005) (the “Circular Facilities” case).
European Energy and Environmental Law Review