Charles Morgan and Nicholas Ostrowski appointed to advise the Office for Environmental Protection

July 20, 2022

Charles Morgan and Nicholas Ostrowski have been appointed as external counsel advising the Office for Environmental Protection in an investigation under section 33 of the Environment Act 2021.

The OEP announced on 28 June 2022 that it will investigate the regulation of combined sewer overflows by Ofwat, the Secretary of State for the Environment and the Environment Agency. The aims of the investigation are to determine whether these authorities have failed to comply with their respective duties in relation to the regulation, including monitoring and enforcement, of sewerage undertakers’ own duties to manage sewage. The OEP has extensive powers under the Act, including the ability under section 38 to apply to the court for an environmental review if it is satisfied that a public authority has failed to comply with environmental law in a serious manner.