Welcome to the Environmental Law team’s monthly blog, setting out what the team considers to be the most important and significant environmental legal and policy updates from May 2026.
Waste
OEP publishes review of waste inspections
The Office for Environmental Protection (the “OEP”) has published a review of Environment Agency (the “EA”) inspections of waste operations and installations in England between 2018 and 2022. The report identifies weaknesses in the consistency and application of the inspection regime, including concerns around the scoring of non-compliances, and calls for improved guidance, stronger quality assurance, and greater transparency.
Ben Derrington, Partner, is Freeths’ expert on waste regulation. See Ben’s thoughts here.
Government introduces tougher regime to tackle waste crime
The Government has announced reforms to strengthen enforcement against waste crime, including reiterating its commitment to bring the waste carrier registration system within the permitting regime from 2027. The new system will require operators to undergo background checks and demonstrate technical competence, alongside stronger enforcement powers for the EA and penalties of up to five years’ imprisonment for serious offences.
Draft regulations have been laid before Parliament. These measures will sit alongside plans for a digital waste tracking service (announced in April), intended to improve transparency and traceability, for which draft regulations have also been laid this month.
New intervention charge for non-compliant waste operators
The EA has published a response to its consultation on changes to waste-related charges, aimed at strengthening regulation and tackling waste crime. Most proposals will be implemented from May 2026, including updated hourly rates, charges for waste exemption registration and compliance (with some modifications), and a new fee for intervention at illegal sites.
Following stakeholder feedback, the EA has removed the proposed waste crime levy and made targeted refinements to the waste exemption regime, including exemptions for charitable operators and clarification of certain exemption requirements
Water
Clean Water Bill announced in King's Speech
The Clean Water Bill was announced as part of the 2026 King’s Speech. The proposed reforms include a new single water regulator, measures to improve water quality, and changes to oversight and performance across the sector, alongside a new Water Ombudsman and updates to the New Appointments and Variations regime.
Annabel Walker, Senior Associate at Freeths, is advising a number of water companies on how to manage environmental regulation which threatens their water supply sources. See Annabel’s thoughts here.
Environment Agency publishes response on water resources planning guidance
The Environment Agency has published its response to consultation on updated water resources planning guidance, setting out how water companies should prepare their next water resource management plans (the “WRMP”). The changes place greater emphasis on environmental outcomes, including clearer governance around environmental objectives and increased support for nature‑based solutions.
The updated guidance will inform the preparation of the next round of WRMPs due in 2029.
Planning
Ramsar sites brough within Habitats Regulations regimes
Ramsar sites in England have now been given statutory protection under the Habitats Regulations, meaning that their potential impacts must be considered as a matter of law through the Habitats Regulations Assessment (the “HRA”) process.
This change removes the position confirmed by the Supreme Court in CG Fry & Son Ltd v Secretary of State for Levelling Up, Housing and Communities [2026], where it was held that Ramsar sites did not need to be assessed at reserved matters or discharge of condition stage because their protection was a matter of policy only. Going forward, developers will need to assess impacts on Ramsar sites at these stages where relevant.
The change is also likely to support the Government’s wider reforms under the Planning and Infrastructure Act 2025, ensuring that Environmental Delivery Plans can in future replace the HRA regime for Ramsar sites, as well as for European sites.
Penny Simpson, Partner, is Freeths’ Head of Natural Capital Law. See Penny’s thoughts here.
Ecosystems services
HMRC publishes guidance on taxation of ecosystem services
HMRC has published a technical note setting out its approach to the tax treatment of payments for ecosystem services, including biodiversity net gain, nutrient neutrality, and carbon credits. The guidance covers both developers and landowners, and reflects the growing role of nature markets in delivering environmental outcomes.
Packaging
HMRC consults on certification for recycled plastic
HMRC has launched a consultation on introducing mandatory certification for mechanically recycled plastic used in packaging, aimed at improving traceability and confidence in recycled content claims. The proposal seeks to support the integrity of the Plastic Packaging Tax regime and encourage greater use of genuine recycled material across the supply chain.
Consultation closes on 10 August 2026.
Agriculture
Law Commission review of environmental laws for agricultural businesses
Defra has asked the Law Commission to review and modernise the body of environmental law affecting agricultural businesses in England. The press release states the aim is to simplify the regulatory framework for the sector while also examining whether legislative blockers are undermining effective enforcement, with the current regime being process-driven rather than “outcome-based”.
More information is available on the project page, which confirms that a consultation paper is expected in early 2027.
Sustainability and greenwashing
ASA upholds complaint against 'Let's Eat Balanced' campaign
The ASA has upheld a complaint by Chris Packham against the Agriculture and Horticulture Development Board’s 'Let’s Eat Balanced' campaign, which sought to promote British meat and dairy products on the basis of their reportedly lower carbon footprints (compared to global averages).
The ASA concluded that the claims were misleading, as they relied solely on 'cradle-to-retail' emissions and did not include the carbon emissions of consumption or disposal - factors which the average consumer would expect to be included, and which are required under ASA rules for environmental claims.
If you have any queries about greenwashing, please visit our greenwashing page or contact our greenwashing lead, Iona Silverman.
Other resources
Environmental Law Director Richard Broadbent shared his views with The Times on the High Court’s decision in Wild Justice v Dartmoor Commoners' Council [2026].
The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.
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