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Welcome back to the LexisPSL Environment News podcast. and of 6 Pump Court discuss some of the key developments over the previous month, including:

• Southern Water’s record £90 million fine
• Valero Logistics UK Ltd v Plymouth City Council
• The UK Innovation Strategy and the potential for the precautionary principle to be revisited

To listen to the podcast, click here.

Southern Water’s record fine - listen from 0.34 mins

In the first part of the podcast, Chris and Mark look at the recent Southern Water fine of £90 million connected with 51 counts, 6971 illegal spills and 17 sites between 2010-2015. They focus on the outcome of this fine in the context of the development of the Sentencing Guidelines and the intention of the Sentencing Council when the guidelines were set, in particular, looking at the consultation response from water companies on the draft Guidelines and whether statutory undertakers should be recognised as a unique category.  

Valero Logistics UK Ltd v Plymouth City Council– listen from 5.33 mins

Moving on to the second part of the podcast, Chris and Mark discuss the planning case of Valero Logistics UK Ltd v Plymouth City Council   concerning a helicopter landing site, near to a  Control of Major Accident Hazard Regulations 2015 (COMAH) site.  In their discussions they make clear the importance of confirming the extent to which local authorities can rely on another regulator when regimes overlap.

The UK Innovation Strategy and the potential for the precautionary principle to be revisited– listen from 8.23 mins

In the final part of the podcast, we hear about the publication of the UK Innovation Strategy and what this might mean for the application of the precautionary principle. Does the precautionary principle stifle innovation? Should potential benefits be more closely considered before all harm is blocked by the principle’s application? Chris and Mark discuss all this, plus what this could mean for the Environment Bill. 

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