Archived press release

Environment still suffering as watchdog celebrates 1st birthday

1 April 1997

The Environment Agency - which is one year old today [1] - is proving to be weak-willed and unable to defend the environment from the ravages of big business, claimed Friends of the Earth today. Friends of the Earth's experience over the past year highlights how the Agency has failed in the following areas:

. To adequately control polluting industries. Recent FOE research has revealed that the Agency is allowing excessive amounts of toxic pollution to be released, not prosecuting illegal pollution and failing to inform local people of what's going on [2].
. To police proposals for an underground nuclear waste dump. NIREX was funding the Environment Agency's scrutiny of the proposal for a multi-million pound nuclear dump construction project. When NIREX withdrew its funds for this work the Environment Agency abandoned its investigation of the proposal [3].
. To prevent water companies from damaging wildlife habitats. The Environment Agency has allowed drought orders to be granted without understanding their environmental impact [4].
. Although more than a year has elapsed since the Sea Empress oil spill disaster, still no prosecution has been brought against those responsible [5].

Friends of the Earth is not the only body to criticise the Agency. Recently the Local Government Association stated on the Agency's regulation of the waste industry that"...there has certainly been a worrying reduction in the level of prosecutions." [6]. In March the House of Commons Environment Committee stated that the Agency had been"inconsistent" and "inefficient" in it's handling of the cement industry [7].

Tony Juniper, Campaigns Director at Friends of the Earth, said:
" When the Environment Agency was launched we were promised one of the most powerful environmental regulators in the world. Instead we've ended up with an Agency which seemingly panders to the financial interests of industry first and puts protection of the environment second. It is essential that the Agency toughens up if we are to live in a clean and healthy environment."

ENDS

NOTES TO EDITORS:

[1] When the Environment Agency was launched on April 1st 1996, the Secretary of State for the Environment, John Gummer, said " The setting up of the Agency is a great step forward and shows the commitment which the Government gives to protecting our environment." Ed Gallagher, Chief Executive of the Agency, said that the Agency would be"one of the largest and most powerful environmental regulators in the world".

[2] Friends of the Earth, Toxics in your Backyard, March 1997

[3] Nirex, the nuclear industry's dumping agency, terminated their relationship with HMIP(now part of the Environment Agency) in 1994. Nirex both refused to supply information to HMIP and to fund HMIP's work (which was subject to a polluter pays agreement). As a result there was very little official scrutiny of Nirex's plans at the recent Public Inquiry.Friends of the Earth was forced to take on this role and as a result of its critique, Nirex's plans were thrown out.

Nirex is currently in negotiations with the Environment Agency concerning its future work.Under the draft agreement the Environment Agency would be forced, by Nirex, to delay making research results public.

[4] Friends of the Earth has criticised the Agency for accepting inadequate environmental assessments for drought order applications (Environmental Assessment of Drought Orders,FOE, 1996). Furthermore despite knowing the River Hull drought order granted last year would have a 'moderate to severe' impact on water quality, it was still allowed to go ahead.There are also no guidelines for assessing 'exceptional shortfall in rain' - the only criteria that needs to be met before a drought order is granted. Presently drought orders are granted based on the faulty evidence of water companies.

[5] In February 1997, one year after the disaster, lawyers for Friends of the Earth informed the Agency that it would bring private prosecutions against those responsible for the Sea Empress oil spill disaster if criminal proceedings are not brought by the official watchdog against all those responsible by April 15th. Friends of the Earth currently does not expect the Agency to institute proceedings by that date.

[6] Local Government Association, Waste Management Committee, Policy Review, paper to the Shadow Waste Committee, 17th February 1997.

[7] House of Commons Environment Committee, Press Notice, The Environmental Impact of Cement Manufacture: publication of report, 5th March 1997.

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