15/09/2026
When does the power to enforce environmental law become a duty to enforce it?
A recent Supreme Court of Appeal judgment provides important guidance on this question, with potentially significant implications for businesses and environmental regulators.
The judgment reinforces that where environmental harm and non-compliance have been established, enforcement cannot simply be treated as a matter of regulatory discretion. It also highlights the potential consequences for businesses and those responsible for environmental compliance.
For companies operating in environmentally sensitive sectors, the decision is a timely reminder that environmental obligations extend beyond obtaining the necessary approvals. Ongoing compliance and appropriate responses to environmental risks remain critical.
Garyn Rapson, Sabeeha Loonat and Litha Raziya examine the SCA’s approach and what the judgment means for environmental enforcement in practice.
Read more: SCA tightens environmental enforcement: When “may” means “must” | Webber Wentzel
