000			02045cab a2200253 4500
001			##L133798
008			060612n2006 000 0 eng u
035			_a(Sirsi) u133798
041	0		_aeng
245	0	0	_aR v Environment Agency ex p National Grid Gas plc (formerly Transco plc)
260			_c2006
520			_a[2006] EWHC 1083 (Admin), 17 May 2006. Considers whether the construction of the term appropriate person in relation to the Environmental Protection Act 1990 Part IIA should include both the original polluter and its statutory successors. Application by T for judicial review of a decision of E that T was an appropriate person within Part IIA of the Act in respect of contaminated land. E had decided that T was an appropriate person to pay for remedial work for the purposes of the Act on the ground that the pollution had been caused by one or more of T's statutory predecessors that had operated at the site. T contended that the decision was wrong in law because T had not itself knowingly caused or permitted the contamination and was therefore outside the ambit of s78 of the Act and had no existing liability under the Gas Acts 1972 and 1986. "Held": Part IIA of the 1990 Act clearly intends that primary responsibility for the remediation of contaminated land should rest on the original polluter but the only way this intention could be implemented is to construe the term appropriate person to include both the original polluter and its statutory successors
590			_aIKA200606
650	2	4	_aR V ENVIRONMENT AGENCY EX P NATIONAL GRID GAS PLC
650	2	4	_aENVIRONMENTAL PROTECTION ACT 1990 PART IIA
650	2	4	_aENVIRONMENTAL PROTECTION ACT 1990 S78F(2)
650	2	4	_aGAS ACT 1972
650	2	4	_aGAS ACT 1986
650	2	4	_aWALTERS V BABERGH DC
651		4	_aEngland and Wales _y1543-
690			_aENVIRONMENTAL AND LAND CONSULTANCY-ENVIRONMENTAL MANAGEMENT
856	4	0	_uhttps://www.bailii.org/ew/cases/EWHC/Admin/2006/1083.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c77214 _d77214