Christopher Badger

6 Pump Court

Christopher Badger has an established practice in commercial regulatory investigations and prosecutions, specialising in environmental enforcement, acting for both corporate and individual defendants and on behalf of the Environment Agency. Recent instructions include: Advising in several significant commercial disputes in respect of environmental and health and safety obligations under EU and domestic law; judicial review proceedings challenging the implementation of the EU Emissions Trading Scheme; Walker & Son (Hauliers) Ltd v Environment Agency [2014] 1 Cr. App. R. 30; [2014] Env L.R. 22 (leading authority on the statutory construction of “knowingly permit” in the Environmental Permitting Regulations 2007 and 2010); EA v WB Ltd (Counsel on behalf of 2 companies and their director in the largest prosecution for the illegal export of waste to date); R v Rogers, Beaman and Tapecrown Ltd [2016] EWCA Crim 801 (leading authority on the admissibility of fresh evidence in appeals against sentence).

He is often asked to provide early stage advice into on-going investigations, both pre-interview and pre-charge, most recently for firms including Clyde & Co., Kingsley Napley, Eversheds, Kennedys and Osborne Clarke as well as the Environment Agency. Recent written advice and lectures have included issues on environmental liabilities for private investors, case law affecting the receipt of cash payments for the purposes of litigation and other topics including the definition of waste and confiscation in environmental prosecutions.

He is a contributor to the 2013 edition of Burnett Hall on Environmental Law and twice has been asked to speak at the Environment Agency’s National Conference. He was appointed to the ‘A’ List of Specialist Regulatory Counsel in June 2012.

Contributed to

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Conducting an investigation into environmental crime

Practice notes

This Practice Note explains the issues lawyers need to think about when advising a client following a waste offence, water offence, environmental permit offence, pollution or other environmental breach. It covers the need to prevent further environmental damage following an environmental incident, the duty to report the incident to environmental regulators such as the Environment Agency (EA) or local authority, the collection of evidence during the investigation, interaction with the investigating regulator including responding to EA investigations or other regulator investigations, and what to consider when conducting an internal investigation into an environmental breach such as the production of internal investigation reports into environmental offences.

Corporate Crime

Environment Agency—powers to investigate environmental crime

Practice notes

This Practice Note explains the powers which the Environment Agency (EA) has to investigate and prosecute environmental crime in England. It covers powers under the Environment Act 1995, s 108 (section 108 powers), the application of the Police and Criminal Evidence Act 1984 (PACE 1984), powers of entry, interviews under caution, compulsory interviews, power to obtain samples and documents as well as considering the offence of obstructing an officer.

Corporate Crime

Natural Resources Wales—powers to investigate environmental crime

Practice notes

This Practice Note explains the powers of Natural Resources Wales (NRW) to investigate and prosecute environmental crime in Wales. It covers the role and remit of NRW, powers under section 108 of the Environment Act 1995 (section 108 powers), the application of the Police and Criminal Evidence Act 1984 (PACE 1984), powers of entry, interviews under caution, compulsory interviews as well as the criminal offence of obstructing an officer.

Corporate Crime