Environmental Law Update | September 2025

Environment Agency consultation response: water industry enforcement levy

The Environment Agency (“EA”) has published its response to the April 2025 consultation on its proposed annual water industry enforcement levy. This follows the EA receiving new powers under the Water (Special Measures) Act 2025 to recover costs associated with its regulatory enforcement.

The levy will apply only to sewerage undertakers (the statutory operators of public sewerage systems) and is calculated based on the number, type and volume of permitted discharges by each company. It also applies to new appointments and variations if they hold relevant permits. The EA will apply a 40% reduction to the levy for 2025-2026 while it transitions to its full operating enforcement model, and has updated its charging scheme in line with this.  

The full consultation response can be found here.

Ofwat launch a consultation on consumer involvement in company decision-making

On 14 August 2025, Ofwat launched a consultation on proposals to introduce a new rule requiring water companies to increase customer involvement in corporate decision-making. The proposed “Consumer Involvement Rule” would cover any decision which is “likely to have a non-negligible impact on consumer matters”, such as the cost and affordability of bills, service performance, customer support, and investment priorities.  

The consultation closes on 1 October 2025.

Chemicals

Health and Safety Executive launches consultation on PFAS in firefighting foams

PFAS (per- and polyfluoroalkyl substances) are a group of over 15,000 human-made chemicals used in a variety of products and across many industrial sectors. PFAS have a combination of properties that pose a concern for both human health and the environment.

On 18 August, the HSE recommended a restriction on using PFAS as a constituent in firefighting foam (“FFF”) and on placing PFAS-containing FFF on the market (see here). 

HSE must publish a risk assessment opinion within 9 months of publishing its recommendation, and an opinion on the social and economic impacts of any proposed restrictions within 12 months. These opinions will be published and sent to the appropriate authorities who will determine whether to introduce a restriction on PFAS in FFF into law.

A consultation is currently open for feedback on the HSE’s proposals, closing on 18 February 2026.

Nature & Development

New Planning Bill 

There have been reports that the Government is going to publish a second planning bill, in addition to its Planning and Infrastructure Bill, which is seeking “much more contentious” planning reforms. Hot on the heels of the controversy over Part 3 of the Planning and Infrastructure Bill, this has unsurprisingly created further concern amongst nature conservation groups. 

Reports suggest that this second planning bill will amend key provisions under the Conservation of Habitats and Species Regulations 2017, including a reduced list of protected species and the “abolition” of the precautionary principle.  It remains unclear how this new bill is meant to interact with the Planning and Infrastructure Bill. 

See here for Penny Simpson’s initial thoughts on these rumours (Partner and Head of the Environmental Law team at Freeths). Penny and Richard Broadbent (Director) will touch on this controversy in the webinar they are hosting on 9 September on the Government’s new amendments to the Planning and Infrastructure Bill.

A link to sign up to the webinar is provided at the end of this page.

Legal challenge against Planning and Infrastructure Bill 

In June, Wild Justice applied for a judicial review of the Government’s claim that the Planning and Infrastructure Bill would not reduce environmental protection. Under section 20 of the Environment Act 2021, the Government is required to make a statement on whether a new bill will have the effect of reducing the existing level of environmental protection. Whilst Deputy Prime Minister and Secretary of State for MHCLG Angela Rayner made a statement on the bill that it would not reduce the level of environmental protection, Wild Justice claims that this statement was unsubstantiated and in fact the bill would lead to a regression of pre-Brexit environmental protections. 

The High Court has confirmed the date for the ‘permission hearing’ (the Court needs to give permission before a judicial review claim can proceed) for 6 November. 

Defra announce new ‘Defra Group Infrastructure Board’ and ‘lead regulator’ scheme 

Defra has announced a new framework aimed at unblocking development by assigning a single lead environmental regulator to major UK infrastructure projects. The regulator will co-ordinate all environmental issues for major development projects, as well as acting to resolve issues before they escalate. According to the Government, this initiative will “cut the time it takes to secure planning permissions and approvals for large-scale developments” with the lead regulator expected to “set a proactive, energetic and “can-do” culture”.

Defra has also established a new ‘Defra Group Infrastructure Board’, designed to “address planning issues early to keep critical projects on track”. The Board is intended to support key objectives outlined in the Government’s 10-year infrastructure strategy, including the pledge to fast-track 150 planning decisions on major infrastructure projects by the end of this Parliament. It forms part of a multi-step problem resolution mechanism, through which complex or unresolved issues can be escalated and Ministerial powers used to “unblock issues” and keep projects moving.

Waste

United Nations plastic treaty talks end in failure 

In 2022, 175 nations endorsed a resolution at the United Nations Environment Programme (“UNEP”) Assembly to develop a legally-binding agreement to end plastic pollution. Five rounds of negotiations were scheduled, with the final session (postponed from November 2024), taking place from 5 to 15 August 2025 in Switzerland. Despite the rounds of negotiation, delegates failed to reach a consensus on a plastic pollution treaty.

The main point of contention in the negotiations was whether to include mandatory reduction targets for the production of primary plastic polymers (the raw materials used to manufacture a wide range of plastic products). The chair of the negotiations adjourned the session with a pledge to resume talks at an undetermined later date, leaving the path forward uncertain.

Marine

The Office for Environmental Protection responds to the UK Marine Strategy Part One Assessment Consultation

In its response to the Government’s consultation, the Office for Environmental Protection (“OEP”) has welcomed the third update to the UK Marine Strategy Part One but has raised concerns about its ability to drive progress towards achieving Good Environmental Status of marine waters. 

The OEP highlights several shortcomings, including a lack of methodological transparency, inconsistent application of assessment criteria, and insufficient use of SMART (Specific, Measurable, Achievable, Relevant, and Time-bound) targets. The OEP warns that without a clearer, more structured framework, the strategy risks failing to support effective marine management. It also warns that the current targets are aspirational rather than actionable, lacking specificity and time-bound commitment. 

A copy of the OEP’s response can be found here.