Tag Archives: death

Energy market madness is the death spasm of the oil age – renewables now! Updated for 2026





The market price of oil has dipped below $50 a barrel – an event that few anticipated. So low is this price collapse, that it is endangering the profitability of the entire oil industry.

The immediate cause of the price collapse is the US-Saudi strategy of interfering in the oil market. The duo is using oil prices to wage economic warfare by sustaining unusually high levels of production.

With the global economy still limping along in the context of weak demand and slow growth, the supply glut has tumbled the market price of oil with the precise aim of undercutting the state revenues of US-Saudi mutual geopolitical rivals, especially Russia, Iran, Syria, and Venezuela.

Despite the apparent low price of oil on international markets, costs of production remain high. Since the peak of cheap, conventional oil around 2005, production has fluctuated on a plateau as the industry has turned increasingly to more expensive, dirtier and difficult-to-extract forms of unconventional oil and gas, especially shale.

That is why as levels of investment in production have dramatically increased in the last decade, the quantity of oil being produced has dramatically declined. As a result, oil companies are finding that the price is too low to cover their production costs, let alone maintain reasonable levels of profit.

Economy held hostage

The global economy, whose health is heavily tied to availability of cheap energy, is now caught between a rock and a hard place. With production costs approaching around $70 a barrel, the lower oil price makes the business models of the industry obsolete.

For this reason, majors like BP and Shell have been forced to cease new investments in production this year, simply to stave off the looming threat of bankruptcy.

But it would be a mistake to assume that the price collapse could continue indefinitely. As the industry cuts back production investments to avoid business failure, the scarcity of supply will eventually hit the forces of demand, pushing oil prices back up.

Higher oil prices might alleviate the strained business models of the industry, but they will also detrimentally impact the economy by ramping up cost of living and increasing the risk of debt defaults across housing, energy, retail and other sectors, as happened in 2008.

Though it has taken most observers by surprise, this new era of volatile, swinging oil prices was predicted – by Dr. Colin Campbell, a former long-time BP geologist who was one of the earliest to warn of the impact of peak conventional oil.

Decades ago he predicted that once cheap, conventional oil production peaks, the shift to dependence on more expensive unconventional energy forms would generate a new type of economy, featuring fluctuating production levels and, in turn, large oil price swings.

This can be quite easily understood: to satisfy demand for oil, supplies must be drawn from all producers, including those producing at $10 or less per barrel, and those producing at $100 or more per barrel. That means that according to the vagaries of supply and demand, the price at any moment can swing wildly between those extremes.

Post-peak era

Oil price volatility is, in other words, a direct consequence of the end of the age of cheap oil, and the transition to a new era where cheap oil is scarce, and expensive oil, though abundant, is more difficult and slower to extract, and too costly to permit the levels of economic growth we were used to seeing in the 1980s.

At some point, then, when the US-Saudi economic warfare engine runs out of steam or decides its objectives have been achieved, and as the dearth in investment slashes back supply, prices will have no choice to rebound.

In coming years, these factors could even generate a price spike – this might well provide temporary relief for the industry, but it would also encourage a reassertion of industry expansion into environmentally and politically problematic areas, and would act once again as a brake on economic growth.

There is, of course, a way out, and it lies in recognizing the growing efficacy and efficiency of renewable energy sources, especially solar, wind and geothermal, where combinations of these technologies combined with smart grids and battery storage innovation could meet our needs in more sustainable and less consumeristic communities.

But currently, the US and British governments are leading the way in attempting to use state power to interfere with the meteoric rise and potential of renewable energy markets, instead promoting legislation to defend the interests of traditional fossil fuel and nuclear sources.

Energy wars

The oil industry recognizes the imminent existential threat posed to its business model from renewables. By lobbying states to retain emphasis on fracking while curbing the capacity of communities to transition easily to renewable, the industry hopes that as the cycle of volatile oil prices continues along its swing trajectory, periodically and increasingly disrupting the global economy as it unfolds, it will come out on top.

Persistent slow growth, recession and austerity would accelerate poverty and widen inequality worldwide. But as oil prices creep higher in the long-term with renewable transition efforts dampened through state power, populations would be forced to rely on evermore expensive and volatile fossil fuel energy sources.

Meanwhile, continued flooding of credit into the economy through quantitative easing would keep the financial sector and industry afloat, at the expense of indebted consumers. In this scenario, the higher prices, the industry hopes, would sustain their profitability at the expense of the well-being and economic needs of the vast majority of indebted people on the planet.

The scenario of continued oil industry supremacy is nothing more than a tightening noose around the neck of Planet Earth.

New leadership

Now, more than ever, the world needs real leadership on our energy future. Unfortunately, that leadership is sorely lacking. Last week, the International Energy Agency (IEA) issued a new report calling for global nuclear energy capacity to be more than doubled by 2050, to meet the world’s projected energy needs, while keeping emissions reductions on target for 2 degree Celsius.

Yet this recommendation comes at a time when questions about the costs, competitiveness and safety of nuclear power compared to renewables are mounting. In fact, the pace of nuclear power development in recent years has been unable to keep up with the meteoric exponential growth, and cost reductions, in solar and wind power.

Last year’s World Nuclear Industry Status Report found that nuclear’s share of world power had fallen to its lowest in 30 years despite new plants coming online, and billion dollar government subsidies and loans.

It appears likely that nuclear power is now in terminal decline, having peaked around 1996 at 18% of global energy production, dropping steadily since then to 11%. Much of the reason is the massive costs of nuclear power, and the long lead-times for installations, compared to the diminishing costs of solar and wind.

Report lead author Mycle Schneider, a Paris-based nuclear energy consultant forecasted the inevitable decline of the nuclear industry in no uncertain terms:

“The nuclear industry, their product is basically a 1,000-megawatt plant, more or less, that takes 10 years to build. In 10 years, this energy world is going to be a radically different one. To propose today that model in a landscape which is small-scale, decentralized, super-efficient defies logic.”

So why is the IEA defying logic by proposing nuclear power as a viable solution for the world’s energy needs?

This is by no means the first time the IEA has appeared to remain beholden to the outmoded industry mindset of traditional energy utilities. For decades, according to IEA insiders, the agency has buckled under political and industry pressure to suppress conclusions confirming the peak of conventional oil, and its long-lasting economic fallout.

This year, the agency will appoint a new executive director replacing incumbent IEA chief Maria van der Hoeven. Who will fill that role may play a big role in determining the political direction of the global energy sector.

Stooge number one: tar sands emissions ‘extremely low’

Created in the 1970s, the IEA’s purpose was to provide global leadership and planning for energy contingencies, especially the risk of energy crisis. Yet it has largely failed in this task, as demonstrated by the 2008 economic crash, which was linked to a massive debt crisis, as well as the plateauing of cheap, conventional oil.

At a time of increasing energy volatility, a change in IEA leadership could have ripple effects across the energy world. We need a new director who understands the new energy landscape, and recognizes that clinging onto the outmoded utility model of the conventional fossil fuel and nuclear industries is a recipe for catastrophe.

One of the big names tipped to replace van der Hoeven is Fatih Birol, currently IEA chief economist. But while Birol’s candidacy is strong, questions remain about his connections to industry, given that he previously worked in various senior roles at the Organization for Petroleum Exporting Countries (OPEC).

Late last year, under his watch, the IEA forecasted a rise in Canadian tar sands production of 3 million barrels over the next 25 years, but downplayed associated carbon emissions, which Birol described as “extremely low”. He went on to urge that policy decisions be made on the basis of “scientific analysis”.

Yet the IEA’s support for tar sands exploitation is thoroughly devoid of scientific integrity. The greenhouse gas emissions of mining and upgrading tar sands is about 79 kilograms per barrel of oil, but melting out the bitumen in place also requires large inputs of natural gas. This boosts emissions to over 116 kilograms per barrel.

Consequently, as Scientific American reports, “producing and processing tar sands oil results in 14 percent more greenhouse gas emissions than the average oil used in the US.”

And as tar sands production is increasingly deploying melting-in-place projects which have larger carbon footprints, emissions are now increasing. “Emissions have doubled since 1990 and will double again by 2020”, said Jennifer Grant, director of oil sands research at environmental group Pembina Institute in Canada.

Another potential candidate is Konstantinos Mathioudakis, who was Greece’s secretary-general for energy and climate change at the Ministry of Environment, Energy and Climate Change.

Yet while Greece has immense renewable energy potential, especially in solar, it has largely squandered this opportunity due to a combination of abiding by failed IMF-World Bank macro-economic reforms, and disarray in domestic renewable energy policies.

Although during Mathioudakis’ tenure, the Greek government did aim for 100% renewable energy by 2050, it failed to move toward this. His connection with a, literally, bankrupt government that paved the way for the rise of the Syriza party, does not evoke confidence.

Shilling for the corporate empire?

There is reportedly a third potential contender, Vicente Lopez Ibor Mayor, who is the former commissioner of Spain’s National Energy Commission. Although Mayor denied rumours linking him to the IEA candidacy, credible sources told me that he privately intends to contend, but has not yet formally declared this.

If the rumours transpire to be correct, his candidacy could be intriguing. Mayor is currently chairman Lightsource Renewables, Britain’s largest solar energy generator, as well as a founding partner of a global law firm, Estudio Juridico International, specialising in energy. Previously, he was a special advisor to UNESCO’s energy program, where he also sat on the Organizing Committee for UNESCO’s World Solar Summit.

He went on to serve various roles on energy and infrastructure in the European Commission. This unique combination of industry and government experience, along with his personal and professional support for renewables, stands him out from the competition.

The bad news is that Mayor still parrots the myth of shale gas as a ‘clean bridge fuel’, and goes so far as to promote the widely criticized TTIP proposal – the Transatlantic Trade and Investment Partnership – as being a positive force for economies and the renewable energy sector.

The fundamental problem with TTIP, a so-called free trade agreement being negotiated in secret by US and European governments, is that by aiming to reduce regulatory barriers to trade for big business, the agreement aims to fundamentally erode the power of elected governments to enact legislation on food safety, environmental protection, banking and finance, that would in some way undermine corporations from rampaging across the US and EU without concern for people or planet.

One of the most obvious counter-democratic components of TTIP is its aim to introduce Investor-State Dispute Settlements (ISDS), which would effectively allow corporations to sue governments if their policies cause a loss of profits.

In his Atlantic Council paper, Mayor advocates the TTIP as a way of shifting “energy’s centre of gravity toward the Atlantic Basin” and away from “the traditional energy-exporting world of Central Asia, the Middle East and Russia.” He calls for efforts to produce “better public understanding” of the agreement’s benefits, when what is needed is more public accountability and transparency for the entire process.

The last thing the world needs is an IEA chief ideologically beholden to the US-UK centred broken economic and energy model, that has accelerated global instability over the last decade.

The poor prospects for the new leadership of the IEA reinforce the idea that solutions to our energy woes will not come from above, but must be pioneered from below, by ordinary people and communities around the world.

 


 

Dr. Nafeez Ahmed is an investigative journalist, bestselling author, and international security scholar. He is a regular contributor to The Ecologist where he writes about the geopolitics of interconnected environmental, energy and economic crises. He has also written for the Guardian, The Independent, Sydney Morning Herald, The Age, The Scotsman, Foreign Policy, Prospect, New Statesman, Le Monde diplomatique, among many others. His new novel of the near future is ZERO POINT.

Follow him on Twitter @nafeezahmed and Facebook.

Website: www.nafeezahmed.com

 

 

 




389825

Death by landfill – cutting ‘green tape’ costs lives Updated for 2026





I’ve been a professional ‘environmental investigator’ for over 22 years now. Over that time I’ve seen some awful offences against the environment. I’ve also witnessed some inspiring action from the individuals and communities affected.

After seeing so many outrageous cases it’s easy to become desensitised to the more everyday environmental offences – even if they are, of themselves, dire to those involved.

But every now and again you come across something that jerks you back to stark reality – something that touches a raw nerve.

I spent the 1990s working as an ‘eco-troubleshooter for hire’ across Britain. For the last decade or so, tired of seeing the same problems coming around again and again, I’ve become more strategic – trying, proactively, to deal with issues before they become an offence to human health and environment. For example, I was apparently the first person touring the UK talking about fracking in 2009 / 2010.

I’ve seen all sorts of ‘nastiness’ – from the dodgy waste reclamation plants of the Black Country, to the chemical plants of Teeside, to the landfills of South Wales.

The point at which I decided to stop chasing tipper lorries, and instead proactively identify ‘the next big issue’, was after fighting Newcastle City Council in 1999/2000.

They had, as a method of ‘recycling’, dumped highly toxic incinerator ash on public parks and allotments across Newcastle – only for them to get a slap on the wrist in the court and, politically, to brush the matter under the carpet.

A case from the ‘book of horrors’

1991-2003 is a time in my career which I look back upon with both fond and troubling memories. And a few weeks ago it came back to haunt me with a vengeance. After speaking about fracking in Guildford I met a couple whose case was right out of my old ‘book of horrors’ from the 1990s.

During February of this year the news was dominated by the flooding along the Thames Valley. Amidst the general mayhem there was one tragedy which has received little public attention.

In the early hours of 8th February 2014, Kye Gbangbola, his seven year old son Zane, and Zane’s mother Nicole were all taken ill at their home in Thameside, Surrey. An ambulance was called and they were taken to hospital. Both Kye and Zane had suffered cardiac arrest. Zane died later in hospital. Kye remains paralysed from the waist down.

Kye and Nicole came to my talk in Guildford and told me of their campaign to find the truth of what happened that day. Surrey Fire and Rescue Service attended and found hydrogen cyanide. Medical tests also showed the presence of cyanide in the family’s blood.

Ten months later the case has not been resolved: no date for an inquest; no death certificate; no resolution to the family’s plight.

What is the possible source of cyanide from flooding?

Just to the north of their home was a former gravel pit which, some years ago, had been used as a waste dump. Before waste licensing came in a the end of the 1970s, waste dumping was pretty much uncontrolled. Former gravel and brick pits around the periphery of London were used extensively to get rid of the capital’s waste.

And the source of the waste? No one knows. If, for example, the site had been filled with innocently identified ‘construction waste’, and if that material had come from a former gasworks in London or elsewhere, it could contain high levels of cyanide.

These things happened in the 1970s and 1980s. For example, in 1992 I discovered the the UK Atomic Energy Authority’s Harwell Laboratory, Britain’s premier nuclear research agency, had for years been secretly dumping waste chemical flasks and radioactive waste transport containers in a gravel pit on the edge of an Oxfordshire village.

In April 2014 Surrey County Council, the waste disposal authority for the area, denied that the site had been landfilled. If you go to the Environment Agency’s web site, you can see that the site is classed as an ‘historic landfill’ – that is, pre-dating the controls brought in during the late 1970s.

As flood-waters rose in February, the landfilled material is presumed to have become saturated. As the result of either chemical reactions, or the displacement of toxic gases, or both, the groundwater which filled the cellar is presumed to have carried the toxic gas into the house, overcoming the family.

A trip down eco-memory lane

What I’ve found so troubling about this case is that, for twenty years, this has been a tragedy waiting to happen. To explain why, I need you to take a trip down eco-memory lane.

When I started work professionally in 1992, the first thing I did was to write a series of reports on the issue of contaminated land. During my ‘voluntary period’ (1984-1991) I’d come across the issue a number of times.

From closed landfill sites, to old gasworks, it was a serious problem – and one which I believed could form the basis of a viable business as a full-time ‘environmental investigator’.

The Department of the Environments’ (DoE) Interdepartmental Committee on the Redevelopment of Contaminated Land (ICRCL) had produced a number of documents in the early 1980’s setting out the best practice for the redeveloping contaminated land.

In 1985 the Royal Commission on Environmental Pollution’s Eleventh Report highlighted the problems too. This led to research being commissioned, and eventually the issuing of a DoE / Welsh Office circular explaining the procedures and best practice in the redevelopment of contaminated land. The ICRCL also revised some of their previous notes to reflect this.

In 1989 the Government decided to put all this new research and best practice into a formal, legally enforcible regulatory framework; which was inserted into the new Environmental Protection Bill , eventually becoming Part II of the Environmental Protection Act 1990.

Then the development industry went absolutely berserk!

Shortly after the new Act was approved, developers and landowners, fearful that their assets would be effectively worthless if they had to clean up historic contamination, brought brickbats to bear on politicians and regulators. What particularly stirred their wrath were two specific sections of the new Act:

Section 61, which required local waste regulation authorities to map all the former landfill sites in their area. The rationale was that what is the value of bringing new regulations to control the hazard from current and new landfill sites if you didn’t police the condition of the old ones too. Specifically paragraph 1 stated,

“it shall be the duty of every waste regulation authority to cause its area to be inspected from time to time to detect whether any land is in such a condition, by reason of the relevant matters affecting the land, that it may cause pollution of the environment or harm to human health.”

Section 143 was similar, but it extended the need to survey and evaluate land to all potentially “contaminative uses of land”, and created a,

“duty of a local authority, as respects land in its area subject to contamination, to maintain, in accordance with the regulations, a register in the prescribed form and containing the prescribed particulars.”

The fear expressed by many property developers was that large areas of land would be ‘blighted’. The land would be worthless because of the perceived risk in the mind of the public, and because of the large costs of decontamination before any new developments could be built.

That view ignores the potential hazards of development – and arguably the greater cost to public health and the NHS. I’d carried out some research on behalf of Friends of the Earth in Oxfordshire, Kent and Lancashire, and there were a large number of sites which could cause problems to the environment and human health if badly redeveloped.

The risk was not from the land as it was – it was the impact on workers and the public if the substances locked-up in the ground were disturbed, dug up or moved.

In May 1991, following a public consultation, regulations were drafted to implement the new system – to be commenced in April 1992. These were abandoned shortly before this date due to pressure from property developers.

To address the developer’s concerns, following a second consultation period, the regulations were the redrafted – the new guidelines only covering 15% of the land area which the original regulations would have. Despite this, the Department of the Environment still received objections from major developers and landowners.

The Government caves in to pressure

On 24th March 1993 the Government abandoned plans to implement sections 143 and 61 of the Act, and announced that it would begin a review of the powers of regulatory bodies to control the pollution of land.

The exact nature of pressure brought to bear on the Conservative government, causing them to cave into the development lobby rather than protecting public health, was not clear at the time. All we can do today is ask the minister responsible for that decision, Michael Howard – now a member of the House of Lords.

By 1995 the Government was planning to merge various environmental regulators to form a new ‘super-regulator’, the Environment Agency.

That was brought about by The Environment Act 1995. Section 57 of that Act repealed section 143 of the 1990 Act, inserting in its place a new ‘Part IIA’ of the Environmental Protection Act which instituted a new legal framework for dealing with contaminated land.

Section 120 and Schedule 22 of the 1995 Act repealed section 61 of the 1990 Act, taking away the obligation to monitor former landfill sites – meaning that they would be dealt with just like any other types of ‘potentially contaminated land’ even though, arguably, landfill sites are a more hazardous land use.

How can we summarised this new process? That’s best summed up in DEFRA’s 2008 legal definition of land contamination, drawn up by the then ‘New Labour’ government (my emphasis):

“Part 2A of the Environmental Protection Act 1990 came into force in England in 2000. The Government sees a central aim of the Part 2A regime as being to encourage voluntary remediation of land affected by contamination.”

What does ‘voluntary remediation’ mean in practice?

Around 1997/8 I investigated the redevelopment of the former Royal Small Arms Factory in Enfield Lock. Redevelopment was causing nausea and skin rashes amongst nearby residents.

What that ‘remediation’ meant to the developer of the new Enfield Island Village was that at the least contaminated end of the island, where the ‘expensive’ houses were to be built, a metre or two of soil was dug up (which was causing the problems experienced by the neighbours) and replaced with fresh material before the houses were erected.

At the other, most contaminated end of the island, very little soil was removed. Instead a metre of clay was rolled down on the ground surface before the ‘low cost’ social housing was erected.

This is the problem with the framework for contaminated land instituted in 1995. It proceeds on a ‘don’t ask, don’t tell’ basis. If the local council doesn’t press the issue, the developer need only undertake works which render the site fit for its intended purpose.

Worse still, if a local authority decides that a site presents an imminent risk to the public, it might have to bear the cost of remedial action and try to bill the landowner for the work. Consequently it isn’t in the interests of local authorities to look, just in case they find something – Surrey’s immediate denial in this case being an exemplar of the principle.

If Section 61 had not been repealed in 1995, Surrey County Council would have had to investigate every former landfill in the area and assess its risk to the public (around the periphery of London, that’s quite a lot of sites).

If Section 147 had not been repealed, Spelthorne Borough Council’s Environmental Health Department would have had to keep a detailed register of potentially contaminated sites, and that register would have been available to anyone to view.

There is a repeating pattern of administrative action at work here

Just as in the early 1990s, today the Government and regulators are coming under pressure to water-down environmental regulations, and ‘cut the green tape‘, to allow business to develop more easily.

For example, on the back of a more right-wing economic bandwagon, instituting policies such as ‘fracking’ for shale gas, David Cameron has instructed his aides to get rid of the green crap from policy.

That’s also why this case touched a raw nerve with me. I’ve come across some nasty cases in the past – such as the Rocket Pool estate in Bradley, Wolverhampton, where people living on the edge of a former landfill were becoming seriously ill (a few years later, a number of local people who I worked with on that case had died).

What really annoys me is that, 20 years ago, the consequences of decisions made then were entirely foreseeable – and were made purely for the sake of money over the value of people’s health.

Today, that same blinkered agenda is still driving decision-making. That’s what hit me as I talked to Kye and Nicole in Guildford. My past was catching up with me and it had so much to say about the present.

We can’t be certain that if sections 61 and 143 of the Environmental Protection Act 1990 had not been withdrawn, and the legislation enacted as originally anticipated, that Zane and his family would not have succumbed to the tragedy which befell them in February.

What we can say, especially given the requirements of section 61 on Surrey County Council, is that it would have been less likely to happen if these sites had been properly investigated 20 years ago.

And today, though their individual case is a sad reminder of Britain’s legacy of past mistakes, it should serve as a red flag over decisions taken today to ‘cut green tape’ – which, with what we know from our recent past, could plague present and future generations.

 


 

Paul Mobbs is an independent environmental consultant, investigator, author and lecturer.

A fully referenced version of this article is posted on the Free Range Activism website.

 

 




388382

Death by landfill – cutting ‘green tape’ costs lives Updated for 2026





I’ve been a professional ‘environmental investigator’ for over 22 years now. Over that time I’ve seen some awful offences against the environment. I’ve also witnessed some inspiring action from the individuals and communities affected.

After seeing so many outrageous cases it’s easy to become desensitised to the more everyday environmental offences – even if they are, of themselves, dire to those involved.

But every now and again you come across something that jerks you back to stark reality – something that touches a raw nerve.

I spent the 1990s working as an ‘eco-troubleshooter for hire’ across Britain. For the last decade or so, tired of seeing the same problems coming around again and again, I’ve become more strategic – trying, proactively, to deal with issues before they become an offence to human health and environment. For example, I was apparently the first person touring the UK talking about fracking in 2009 / 2010.

I’ve seen all sorts of ‘nastiness’ – from the dodgy waste reclamation plants of the Black Country, to the chemical plants of Teeside, to the landfills of South Wales.

The point at which I decided to stop chasing tipper lorries, and instead proactively identify ‘the next big issue’, was after fighting Newcastle City Council in 1999/2000.

They had, as a method of ‘recycling’, dumped highly toxic incinerator ash on public parks and allotments across Newcastle – only for them to get a slap on the wrist in the court and, politically, to brush the matter under the carpet.

A case from the ‘book of horrors’

1991-2003 is a time in my career which I look back upon with both fond and troubling memories. And a few weeks ago it came back to haunt me with a vengeance. After speaking about fracking in Guildford I met a couple whose case was right out of my old ‘book of horrors’ from the 1990s.

During February of this year the news was dominated by the flooding along the Thames Valley. Amidst the general mayhem there was one tragedy which has received little public attention.

In the early hours of 8th February 2014, Kye Gbangbola, his seven year old son Zane, and Zane’s mother Nicole were all taken ill at their home in Thameside, Surrey. An ambulance was called and they were taken to hospital. Both Kye and Zane had suffered cardiac arrest. Zane died later in hospital. Kye remains paralysed from the waist down.

Kye and Nicole came to my talk in Guildford and told me of their campaign to find the truth of what happened that day. Surrey Fire and Rescue Service attended and found hydrogen cyanide. Medical tests also showed the presence of cyanide in the family’s blood.

Ten months later the case has not been resolved: no date for an inquest; no death certificate; no resolution to the family’s plight.

What is the possible source of cyanide from flooding?

Just to the north of their home was a former gravel pit which, some years ago, had been used as a waste dump. Before waste licensing came in a the end of the 1970s, waste dumping was pretty much uncontrolled. Former gravel and brick pits around the periphery of London were used extensively to get rid of the capital’s waste.

And the source of the waste? No one knows. If, for example, the site had been filled with innocently identified ‘construction waste’, and if that material had come from a former gasworks in London or elsewhere, it could contain high levels of cyanide.

These things happened in the 1970s and 1980s. For example, in 1992 I discovered the the UK Atomic Energy Authority’s Harwell Laboratory, Britain’s premier nuclear research agency, had for years been secretly dumping waste chemical flasks and radioactive waste transport containers in a gravel pit on the edge of an Oxfordshire village.

In April 2014 Surrey County Council, the waste disposal authority for the area, denied that the site had been landfilled. If you go to the Environment Agency’s web site, you can see that the site is classed as an ‘historic landfill’ – that is, pre-dating the controls brought in during the late 1970s.

As flood-waters rose in February, the landfilled material is presumed to have become saturated. As the result of either chemical reactions, or the displacement of toxic gases, or both, the groundwater which filled the cellar is presumed to have carried the toxic gas into the house, overcoming the family.

A trip down eco-memory lane

What I’ve found so troubling about this case is that, for twenty years, this has been a tragedy waiting to happen. To explain why, I need you to take a trip down eco-memory lane.

When I started work professionally in 1992, the first thing I did was to write a series of reports on the issue of contaminated land. During my ‘voluntary period’ (1984-1991) I’d come across the issue a number of times.

From closed landfill sites, to old gasworks, it was a serious problem – and one which I believed could form the basis of a viable business as a full-time ‘environmental investigator’.

The Department of the Environments’ (DoE) Interdepartmental Committee on the Redevelopment of Contaminated Land (ICRCL) had produced a number of documents in the early 1980’s setting out the best practice for the redeveloping contaminated land.

In 1985 the Royal Commission on Environmental Pollution’s Eleventh Report highlighted the problems too. This led to research being commissioned, and eventually the issuing of a DoE / Welsh Office circular explaining the procedures and best practice in the redevelopment of contaminated land. The ICRCL also revised some of their previous notes to reflect this.

In 1989 the Government decided to put all this new research and best practice into a formal, legally enforcible regulatory framework; which was inserted into the new Environmental Protection Bill , eventually becoming Part II of the Environmental Protection Act 1990.

Then the development industry went absolutely berserk!

Shortly after the new Act was approved, developers and landowners, fearful that their assets would be effectively worthless if they had to clean up historic contamination, brought brickbats to bear on politicians and regulators. What particularly stirred their wrath were two specific sections of the new Act:

Section 61, which required local waste regulation authorities to map all the former landfill sites in their area. The rationale was that what is the value of bringing new regulations to control the hazard from current and new landfill sites if you didn’t police the condition of the old ones too. Specifically paragraph 1 stated,

“it shall be the duty of every waste regulation authority to cause its area to be inspected from time to time to detect whether any land is in such a condition, by reason of the relevant matters affecting the land, that it may cause pollution of the environment or harm to human health.”

Section 143 was similar, but it extended the need to survey and evaluate land to all potentially “contaminative uses of land”, and created a,

“duty of a local authority, as respects land in its area subject to contamination, to maintain, in accordance with the regulations, a register in the prescribed form and containing the prescribed particulars.”

The fear expressed by many property developers was that large areas of land would be ‘blighted’. The land would be worthless because of the perceived risk in the mind of the public, and because of the large costs of decontamination before any new developments could be built.

That view ignores the potential hazards of development – and arguably the greater cost to public health and the NHS. I’d carried out some research on behalf of Friends of the Earth in Oxfordshire, Kent and Lancashire, and there were a large number of sites which could cause problems to the environment and human health if badly redeveloped.

The risk was not from the land as it was – it was the impact on workers and the public if the substances locked-up in the ground were disturbed, dug up or moved.

In May 1991, following a public consultation, regulations were drafted to implement the new system – to be commenced in April 1992. These were abandoned shortly before this date due to pressure from property developers.

To address the developer’s concerns, following a second consultation period, the regulations were the redrafted – the new guidelines only covering 15% of the land area which the original regulations would have. Despite this, the Department of the Environment still received objections from major developers and landowners.

The Government caves in to pressure

On 24th March 1993 the Government abandoned plans to implement sections 143 and 61 of the Act, and announced that it would begin a review of the powers of regulatory bodies to control the pollution of land.

The exact nature of pressure brought to bear on the Conservative government, causing them to cave into the development lobby rather than protecting public health, was not clear at the time. All we can do today is ask the minister responsible for that decision, Michael Howard – now a member of the House of Lords.

By 1995 the Government was planning to merge various environmental regulators to form a new ‘super-regulator’, the Environment Agency.

That was brought about by The Environment Act 1995. Section 57 of that Act repealed section 143 of the 1990 Act, inserting in its place a new ‘Part IIA’ of the Environmental Protection Act which instituted a new legal framework for dealing with contaminated land.

Section 120 and Schedule 22 of the 1995 Act repealed section 61 of the 1990 Act, taking away the obligation to monitor former landfill sites – meaning that they would be dealt with just like any other types of ‘potentially contaminated land’ even though, arguably, landfill sites are a more hazardous land use.

How can we summarised this new process? That’s best summed up in DEFRA’s 2008 legal definition of land contamination, drawn up by the then ‘New Labour’ government (my emphasis):

“Part 2A of the Environmental Protection Act 1990 came into force in England in 2000. The Government sees a central aim of the Part 2A regime as being to encourage voluntary remediation of land affected by contamination.”

What does ‘voluntary remediation’ mean in practice?

Around 1997/8 I investigated the redevelopment of the former Royal Small Arms Factory in Enfield Lock. Redevelopment was causing nausea and skin rashes amongst nearby residents.

What that ‘remediation’ meant to the developer of the new Enfield Island Village was that at the least contaminated end of the island, where the ‘expensive’ houses were to be built, a metre or two of soil was dug up (which was causing the problems experienced by the neighbours) and replaced with fresh material before the houses were erected.

At the other, most contaminated end of the island, very little soil was removed. Instead a metre of clay was rolled down on the ground surface before the ‘low cost’ social housing was erected.

This is the problem with the framework for contaminated land instituted in 1995. It proceeds on a ‘don’t ask, don’t tell’ basis. If the local council doesn’t press the issue, the developer need only undertake works which render the site fit for its intended purpose.

Worse still, if a local authority decides that a site presents an imminent risk to the public, it might have to bear the cost of remedial action and try to bill the landowner for the work. Consequently it isn’t in the interests of local authorities to look, just in case they find something – Surrey’s immediate denial in this case being an exemplar of the principle.

If Section 61 had not been repealed in 1995, Surrey County Council would have had to investigate every former landfill in the area and assess its risk to the public (around the periphery of London, that’s quite a lot of sites).

If Section 147 had not been repealed, Spelthorne Borough Council’s Environmental Health Department would have had to keep a detailed register of potentially contaminated sites, and that register would have been available to anyone to view.

There is a repeating pattern of administrative action at work here

Just as in the early 1990s, today the Government and regulators are coming under pressure to water-down environmental regulations, and ‘cut the green tape‘, to allow business to develop more easily.

For example, on the back of a more right-wing economic bandwagon, instituting policies such as ‘fracking’ for shale gas, David Cameron has instructed his aides to get rid of the green crap from policy.

That’s also why this case touched a raw nerve with me. I’ve come across some nasty cases in the past – such as the Rocket Pool estate in Bradley, Wolverhampton, where people living on the edge of a former landfill were becoming seriously ill (a few years later, a number of local people who I worked with on that case had died).

What really annoys me is that, 20 years ago, the consequences of decisions made then were entirely foreseeable – and were made purely for the sake of money over the value of people’s health.

Today, that same blinkered agenda is still driving decision-making. That’s what hit me as I talked to Kye and Nicole in Guildford. My past was catching up with me and it had so much to say about the present.

We can’t be certain that if sections 61 and 143 of the Environmental Protection Act 1990 had not been withdrawn, and the legislation enacted as originally anticipated, that Zane and his family would not have succumbed to the tragedy which befell them in February.

What we can say, especially given the requirements of section 61 on Surrey County Council, is that it would have been less likely to happen if these sites had been properly investigated 20 years ago.

And today, though their individual case is a sad reminder of Britain’s legacy of past mistakes, it should serve as a red flag over decisions taken today to ‘cut green tape’ – which, with what we know from our recent past, could plague present and future generations.

 


 

Paul Mobbs is an independent environmental consultant, investigator, author and lecturer.

A fully referenced version of this article is posted on the Free Range Activism website.

 

 




388382

Death by landfill – cutting ‘green tape’ costs lives Updated for 2026





I’ve been a professional ‘environmental investigator’ for over 22 years now. Over that time I’ve seen some awful offences against the environment. I’ve also witnessed some inspiring action from the individuals and communities affected.

After seeing so many outrageous cases it’s easy to become desensitised to the more everyday environmental offences – even if they are, of themselves, dire to those involved.

But every now and again you come across something that jerks you back to stark reality – something that touches a raw nerve.

I spent the 1990s working as an ‘eco-troubleshooter for hire’ across Britain. For the last decade or so, tired of seeing the same problems coming around again and again, I’ve become more strategic – trying, proactively, to deal with issues before they become an offence to human health and environment. For example, I was apparently the first person touring the UK talking about fracking in 2009 / 2010.

I’ve seen all sorts of ‘nastiness’ – from the dodgy waste reclamation plants of the Black Country, to the chemical plants of Teeside, to the landfills of South Wales.

The point at which I decided to stop chasing tipper lorries, and instead proactively identify ‘the next big issue’, was after fighting Newcastle City Council in 1999/2000.

They had, as a method of ‘recycling’, dumped highly toxic incinerator ash on public parks and allotments across Newcastle – only for them to get a slap on the wrist in the court and, politically, to brush the matter under the carpet.

A case from the ‘book of horrors’

1991-2003 is a time in my career which I look back upon with both fond and troubling memories. And a few weeks ago it came back to haunt me with a vengeance. After speaking about fracking in Guildford I met a couple whose case was right out of my old ‘book of horrors’ from the 1990s.

During February of this year the news was dominated by the flooding along the Thames Valley. Amidst the general mayhem there was one tragedy which has received little public attention.

In the early hours of 8th February 2014, Kye Gbangbola, his seven year old son Zane, and Zane’s mother Nicole were all taken ill at their home in Thameside, Surrey. An ambulance was called and they were taken to hospital. Both Kye and Zane had suffered cardiac arrest. Zane died later in hospital. Kye remains paralysed from the waist down.

Kye and Nicole came to my talk in Guildford and told me of their campaign to find the truth of what happened that day. Surrey Fire and Rescue Service attended and found hydrogen cyanide. Medical tests also showed the presence of cyanide in the family’s blood.

Ten months later the case has not been resolved: no date for an inquest; no death certificate; no resolution to the family’s plight.

What is the possible source of cyanide from flooding?

Just to the north of their home was a former gravel pit which, some years ago, had been used as a waste dump. Before waste licensing came in a the end of the 1970s, waste dumping was pretty much uncontrolled. Former gravel and brick pits around the periphery of London were used extensively to get rid of the capital’s waste.

And the source of the waste? No one knows. If, for example, the site had been filled with innocently identified ‘construction waste’, and if that material had come from a former gasworks in London or elsewhere, it could contain high levels of cyanide.

These things happened in the 1970s and 1980s. For example, in 1992 I discovered the the UK Atomic Energy Authority’s Harwell Laboratory, Britain’s premier nuclear research agency, had for years been secretly dumping waste chemical flasks and radioactive waste transport containers in a gravel pit on the edge of an Oxfordshire village.

In April 2014 Surrey County Council, the waste disposal authority for the area, denied that the site had been landfilled. If you go to the Environment Agency’s web site, you can see that the site is classed as an ‘historic landfill’ – that is, pre-dating the controls brought in during the late 1970s.

As flood-waters rose in February, the landfilled material is presumed to have become saturated. As the result of either chemical reactions, or the displacement of toxic gases, or both, the groundwater which filled the cellar is presumed to have carried the toxic gas into the house, overcoming the family.

A trip down eco-memory lane

What I’ve found so troubling about this case is that, for twenty years, this has been a tragedy waiting to happen. To explain why, I need you to take a trip down eco-memory lane.

When I started work professionally in 1992, the first thing I did was to write a series of reports on the issue of contaminated land. During my ‘voluntary period’ (1984-1991) I’d come across the issue a number of times.

From closed landfill sites, to old gasworks, it was a serious problem – and one which I believed could form the basis of a viable business as a full-time ‘environmental investigator’.

The Department of the Environments’ (DoE) Interdepartmental Committee on the Redevelopment of Contaminated Land (ICRCL) had produced a number of documents in the early 1980’s setting out the best practice for the redeveloping contaminated land.

In 1985 the Royal Commission on Environmental Pollution’s Eleventh Report highlighted the problems too. This led to research being commissioned, and eventually the issuing of a DoE / Welsh Office circular explaining the procedures and best practice in the redevelopment of contaminated land. The ICRCL also revised some of their previous notes to reflect this.

In 1989 the Government decided to put all this new research and best practice into a formal, legally enforcible regulatory framework; which was inserted into the new Environmental Protection Bill , eventually becoming Part II of the Environmental Protection Act 1990.

Then the development industry went absolutely berserk!

Shortly after the new Act was approved, developers and landowners, fearful that their assets would be effectively worthless if they had to clean up historic contamination, brought brickbats to bear on politicians and regulators. What particularly stirred their wrath were two specific sections of the new Act:

Section 61, which required local waste regulation authorities to map all the former landfill sites in their area. The rationale was that what is the value of bringing new regulations to control the hazard from current and new landfill sites if you didn’t police the condition of the old ones too. Specifically paragraph 1 stated,

“it shall be the duty of every waste regulation authority to cause its area to be inspected from time to time to detect whether any land is in such a condition, by reason of the relevant matters affecting the land, that it may cause pollution of the environment or harm to human health.”

Section 143 was similar, but it extended the need to survey and evaluate land to all potentially “contaminative uses of land”, and created a,

“duty of a local authority, as respects land in its area subject to contamination, to maintain, in accordance with the regulations, a register in the prescribed form and containing the prescribed particulars.”

The fear expressed by many property developers was that large areas of land would be ‘blighted’. The land would be worthless because of the perceived risk in the mind of the public, and because of the large costs of decontamination before any new developments could be built.

That view ignores the potential hazards of development – and arguably the greater cost to public health and the NHS. I’d carried out some research on behalf of Friends of the Earth in Oxfordshire, Kent and Lancashire, and there were a large number of sites which could cause problems to the environment and human health if badly redeveloped.

The risk was not from the land as it was – it was the impact on workers and the public if the substances locked-up in the ground were disturbed, dug up or moved.

In May 1991, following a public consultation, regulations were drafted to implement the new system – to be commenced in April 1992. These were abandoned shortly before this date due to pressure from property developers.

To address the developer’s concerns, following a second consultation period, the regulations were the redrafted – the new guidelines only covering 15% of the land area which the original regulations would have. Despite this, the Department of the Environment still received objections from major developers and landowners.

The Government caves in to pressure

On 24th March 1993 the Government abandoned plans to implement sections 143 and 61 of the Act, and announced that it would begin a review of the powers of regulatory bodies to control the pollution of land.

The exact nature of pressure brought to bear on the Conservative government, causing them to cave into the development lobby rather than protecting public health, was not clear at the time. All we can do today is ask the minister responsible for that decision, Michael Howard – now a member of the House of Lords.

By 1995 the Government was planning to merge various environmental regulators to form a new ‘super-regulator’, the Environment Agency.

That was brought about by The Environment Act 1995. Section 57 of that Act repealed section 143 of the 1990 Act, inserting in its place a new ‘Part IIA’ of the Environmental Protection Act which instituted a new legal framework for dealing with contaminated land.

Section 120 and Schedule 22 of the 1995 Act repealed section 61 of the 1990 Act, taking away the obligation to monitor former landfill sites – meaning that they would be dealt with just like any other types of ‘potentially contaminated land’ even though, arguably, landfill sites are a more hazardous land use.

How can we summarised this new process? That’s best summed up in DEFRA’s 2008 legal definition of land contamination, drawn up by the then ‘New Labour’ government (my emphasis):

“Part 2A of the Environmental Protection Act 1990 came into force in England in 2000. The Government sees a central aim of the Part 2A regime as being to encourage voluntary remediation of land affected by contamination.”

What does ‘voluntary remediation’ mean in practice?

Around 1997/8 I investigated the redevelopment of the former Royal Small Arms Factory in Enfield Lock. Redevelopment was causing nausea and skin rashes amongst nearby residents.

What that ‘remediation’ meant to the developer of the new Enfield Island Village was that at the least contaminated end of the island, where the ‘expensive’ houses were to be built, a metre or two of soil was dug up (which was causing the problems experienced by the neighbours) and replaced with fresh material before the houses were erected.

At the other, most contaminated end of the island, very little soil was removed. Instead a metre of clay was rolled down on the ground surface before the ‘low cost’ social housing was erected.

This is the problem with the framework for contaminated land instituted in 1995. It proceeds on a ‘don’t ask, don’t tell’ basis. If the local council doesn’t press the issue, the developer need only undertake works which render the site fit for its intended purpose.

Worse still, if a local authority decides that a site presents an imminent risk to the public, it might have to bear the cost of remedial action and try to bill the landowner for the work. Consequently it isn’t in the interests of local authorities to look, just in case they find something – Surrey’s immediate denial in this case being an exemplar of the principle.

If Section 61 had not been repealed in 1995, Surrey County Council would have had to investigate every former landfill in the area and assess its risk to the public (around the periphery of London, that’s quite a lot of sites).

If Section 147 had not been repealed, Spelthorne Borough Council’s Environmental Health Department would have had to keep a detailed register of potentially contaminated sites, and that register would have been available to anyone to view.

There is a repeating pattern of administrative action at work here

Just as in the early 1990s, today the Government and regulators are coming under pressure to water-down environmental regulations, and ‘cut the green tape‘, to allow business to develop more easily.

For example, on the back of a more right-wing economic bandwagon, instituting policies such as ‘fracking’ for shale gas, David Cameron has instructed his aides to get rid of the green crap from policy.

That’s also why this case touched a raw nerve with me. I’ve come across some nasty cases in the past – such as the Rocket Pool estate in Bradley, Wolverhampton, where people living on the edge of a former landfill were becoming seriously ill (a few years later, a number of local people who I worked with on that case had died).

What really annoys me is that, 20 years ago, the consequences of decisions made then were entirely foreseeable – and were made purely for the sake of money over the value of people’s health.

Today, that same blinkered agenda is still driving decision-making. That’s what hit me as I talked to Kye and Nicole in Guildford. My past was catching up with me and it had so much to say about the present.

We can’t be certain that if sections 61 and 143 of the Environmental Protection Act 1990 had not been withdrawn, and the legislation enacted as originally anticipated, that Zane and his family would not have succumbed to the tragedy which befell them in February.

What we can say, especially given the requirements of section 61 on Surrey County Council, is that it would have been less likely to happen if these sites had been properly investigated 20 years ago.

And today, though their individual case is a sad reminder of Britain’s legacy of past mistakes, it should serve as a red flag over decisions taken today to ‘cut green tape’ – which, with what we know from our recent past, could plague present and future generations.

 


 

Paul Mobbs is an independent environmental consultant, investigator, author and lecturer.

A fully referenced version of this article is posted on the Free Range Activism website.

 

 




388382

Death by landfill – cutting ‘green tape’ costs lives Updated for 2026





I’ve been a professional ‘environmental investigator’ for over 22 years now. Over that time I’ve seen some awful offences against the environment. I’ve also witnessed some inspiring action from the individuals and communities affected.

After seeing so many outrageous cases it’s easy to become desensitised to the more everyday environmental offences – even if they are, of themselves, dire to those involved.

But every now and again you come across something that jerks you back to stark reality – something that touches a raw nerve.

I spent the 1990s working as an ‘eco-troubleshooter for hire’ across Britain. For the last decade or so, tired of seeing the same problems coming around again and again, I’ve become more strategic – trying, proactively, to deal with issues before they become an offence to human health and environment. For example, I was apparently the first person touring the UK talking about fracking in 2009 / 2010.

I’ve seen all sorts of ‘nastiness’ – from the dodgy waste reclamation plants of the Black Country, to the chemical plants of Teeside, to the landfills of South Wales.

The point at which I decided to stop chasing tipper lorries, and instead proactively identify ‘the next big issue’, was after fighting Newcastle City Council in 1999/2000.

They had, as a method of ‘recycling’, dumped highly toxic incinerator ash on public parks and allotments across Newcastle – only for them to get a slap on the wrist in the court and, politically, to brush the matter under the carpet.

A case from the ‘book of horrors’

1991-2003 is a time in my career which I look back upon with both fond and troubling memories. And a few weeks ago it came back to haunt me with a vengeance. After speaking about fracking in Guildford I met a couple whose case was right out of my old ‘book of horrors’ from the 1990s.

During February of this year the news was dominated by the flooding along the Thames Valley. Amidst the general mayhem there was one tragedy which has received little public attention.

In the early hours of 8th February 2014, Kye Gbangbola, his seven year old son Zane, and Zane’s mother Nicole were all taken ill at their home in Thameside, Surrey. An ambulance was called and they were taken to hospital. Both Kye and Zane had suffered cardiac arrest. Zane died later in hospital. Kye remains paralysed from the waist down.

Kye and Nicole came to my talk in Guildford and told me of their campaign to find the truth of what happened that day. Surrey Fire and Rescue Service attended and found hydrogen cyanide. Medical tests also showed the presence of cyanide in the family’s blood.

Ten months later the case has not been resolved: no date for an inquest; no death certificate; no resolution to the family’s plight.

What is the possible source of cyanide from flooding?

Just to the north of their home was a former gravel pit which, some years ago, had been used as a waste dump. Before waste licensing came in a the end of the 1970s, waste dumping was pretty much uncontrolled. Former gravel and brick pits around the periphery of London were used extensively to get rid of the capital’s waste.

And the source of the waste? No one knows. If, for example, the site had been filled with innocently identified ‘construction waste’, and if that material had come from a former gasworks in London or elsewhere, it could contain high levels of cyanide.

These things happened in the 1970s and 1980s. For example, in 1992 I discovered the the UK Atomic Energy Authority’s Harwell Laboratory, Britain’s premier nuclear research agency, had for years been secretly dumping waste chemical flasks and radioactive waste transport containers in a gravel pit on the edge of an Oxfordshire village.

In April 2014 Surrey County Council, the waste disposal authority for the area, denied that the site had been landfilled. If you go to the Environment Agency’s web site, you can see that the site is classed as an ‘historic landfill’ – that is, pre-dating the controls brought in during the late 1970s.

As flood-waters rose in February, the landfilled material is presumed to have become saturated. As the result of either chemical reactions, or the displacement of toxic gases, or both, the groundwater which filled the cellar is presumed to have carried the toxic gas into the house, overcoming the family.

A trip down eco-memory lane

What I’ve found so troubling about this case is that, for twenty years, this has been a tragedy waiting to happen. To explain why, I need you to take a trip down eco-memory lane.

When I started work professionally in 1992, the first thing I did was to write a series of reports on the issue of contaminated land. During my ‘voluntary period’ (1984-1991) I’d come across the issue a number of times.

From closed landfill sites, to old gasworks, it was a serious problem – and one which I believed could form the basis of a viable business as a full-time ‘environmental investigator’.

The Department of the Environments’ (DoE) Interdepartmental Committee on the Redevelopment of Contaminated Land (ICRCL) had produced a number of documents in the early 1980’s setting out the best practice for the redeveloping contaminated land.

In 1985 the Royal Commission on Environmental Pollution’s Eleventh Report highlighted the problems too. This led to research being commissioned, and eventually the issuing of a DoE / Welsh Office circular explaining the procedures and best practice in the redevelopment of contaminated land. The ICRCL also revised some of their previous notes to reflect this.

In 1989 the Government decided to put all this new research and best practice into a formal, legally enforcible regulatory framework; which was inserted into the new Environmental Protection Bill , eventually becoming Part II of the Environmental Protection Act 1990.

Then the development industry went absolutely berserk!

Shortly after the new Act was approved, developers and landowners, fearful that their assets would be effectively worthless if they had to clean up historic contamination, brought brickbats to bear on politicians and regulators. What particularly stirred their wrath were two specific sections of the new Act:

Section 61, which required local waste regulation authorities to map all the former landfill sites in their area. The rationale was that what is the value of bringing new regulations to control the hazard from current and new landfill sites if you didn’t police the condition of the old ones too. Specifically paragraph 1 stated,

“it shall be the duty of every waste regulation authority to cause its area to be inspected from time to time to detect whether any land is in such a condition, by reason of the relevant matters affecting the land, that it may cause pollution of the environment or harm to human health.”

Section 143 was similar, but it extended the need to survey and evaluate land to all potentially “contaminative uses of land”, and created a,

“duty of a local authority, as respects land in its area subject to contamination, to maintain, in accordance with the regulations, a register in the prescribed form and containing the prescribed particulars.”

The fear expressed by many property developers was that large areas of land would be ‘blighted’. The land would be worthless because of the perceived risk in the mind of the public, and because of the large costs of decontamination before any new developments could be built.

That view ignores the potential hazards of development – and arguably the greater cost to public health and the NHS. I’d carried out some research on behalf of Friends of the Earth in Oxfordshire, Kent and Lancashire, and there were a large number of sites which could cause problems to the environment and human health if badly redeveloped.

The risk was not from the land as it was – it was the impact on workers and the public if the substances locked-up in the ground were disturbed, dug up or moved.

In May 1991, following a public consultation, regulations were drafted to implement the new system – to be commenced in April 1992. These were abandoned shortly before this date due to pressure from property developers.

To address the developer’s concerns, following a second consultation period, the regulations were the redrafted – the new guidelines only covering 15% of the land area which the original regulations would have. Despite this, the Department of the Environment still received objections from major developers and landowners.

The Government caves in to pressure

On 24th March 1993 the Government abandoned plans to implement sections 143 and 61 of the Act, and announced that it would begin a review of the powers of regulatory bodies to control the pollution of land.

The exact nature of pressure brought to bear on the Conservative government, causing them to cave into the development lobby rather than protecting public health, was not clear at the time. All we can do today is ask the minister responsible for that decision, Michael Howard – now a member of the House of Lords.

By 1995 the Government was planning to merge various environmental regulators to form a new ‘super-regulator’, the Environment Agency.

That was brought about by The Environment Act 1995. Section 57 of that Act repealed section 143 of the 1990 Act, inserting in its place a new ‘Part IIA’ of the Environmental Protection Act which instituted a new legal framework for dealing with contaminated land.

Section 120 and Schedule 22 of the 1995 Act repealed section 61 of the 1990 Act, taking away the obligation to monitor former landfill sites – meaning that they would be dealt with just like any other types of ‘potentially contaminated land’ even though, arguably, landfill sites are a more hazardous land use.

How can we summarised this new process? That’s best summed up in DEFRA’s 2008 legal definition of land contamination, drawn up by the then ‘New Labour’ government (my emphasis):

“Part 2A of the Environmental Protection Act 1990 came into force in England in 2000. The Government sees a central aim of the Part 2A regime as being to encourage voluntary remediation of land affected by contamination.”

What does ‘voluntary remediation’ mean in practice?

Around 1997/8 I investigated the redevelopment of the former Royal Small Arms Factory in Enfield Lock. Redevelopment was causing nausea and skin rashes amongst nearby residents.

What that ‘remediation’ meant to the developer of the new Enfield Island Village was that at the least contaminated end of the island, where the ‘expensive’ houses were to be built, a metre or two of soil was dug up (which was causing the problems experienced by the neighbours) and replaced with fresh material before the houses were erected.

At the other, most contaminated end of the island, very little soil was removed. Instead a metre of clay was rolled down on the ground surface before the ‘low cost’ social housing was erected.

This is the problem with the framework for contaminated land instituted in 1995. It proceeds on a ‘don’t ask, don’t tell’ basis. If the local council doesn’t press the issue, the developer need only undertake works which render the site fit for its intended purpose.

Worse still, if a local authority decides that a site presents an imminent risk to the public, it might have to bear the cost of remedial action and try to bill the landowner for the work. Consequently it isn’t in the interests of local authorities to look, just in case they find something – Surrey’s immediate denial in this case being an exemplar of the principle.

If Section 61 had not been repealed in 1995, Surrey County Council would have had to investigate every former landfill in the area and assess its risk to the public (around the periphery of London, that’s quite a lot of sites).

If Section 147 had not been repealed, Spelthorne Borough Council’s Environmental Health Department would have had to keep a detailed register of potentially contaminated sites, and that register would have been available to anyone to view.

There is a repeating pattern of administrative action at work here

Just as in the early 1990s, today the Government and regulators are coming under pressure to water-down environmental regulations, and ‘cut the green tape‘, to allow business to develop more easily.

For example, on the back of a more right-wing economic bandwagon, instituting policies such as ‘fracking’ for shale gas, David Cameron has instructed his aides to get rid of the green crap from policy.

That’s also why this case touched a raw nerve with me. I’ve come across some nasty cases in the past – such as the Rocket Pool estate in Bradley, Wolverhampton, where people living on the edge of a former landfill were becoming seriously ill (a few years later, a number of local people who I worked with on that case had died).

What really annoys me is that, 20 years ago, the consequences of decisions made then were entirely foreseeable – and were made purely for the sake of money over the value of people’s health.

Today, that same blinkered agenda is still driving decision-making. That’s what hit me as I talked to Kye and Nicole in Guildford. My past was catching up with me and it had so much to say about the present.

We can’t be certain that if sections 61 and 143 of the Environmental Protection Act 1990 had not been withdrawn, and the legislation enacted as originally anticipated, that Zane and his family would not have succumbed to the tragedy which befell them in February.

What we can say, especially given the requirements of section 61 on Surrey County Council, is that it would have been less likely to happen if these sites had been properly investigated 20 years ago.

And today, though their individual case is a sad reminder of Britain’s legacy of past mistakes, it should serve as a red flag over decisions taken today to ‘cut green tape’ – which, with what we know from our recent past, could plague present and future generations.

 


 

Paul Mobbs is an independent environmental consultant, investigator, author and lecturer.

A fully referenced version of this article is posted on the Free Range Activism website.

 

 




388382

Death by landfill – cutting ‘green tape’ costs lives Updated for 2026





I’ve been a professional ‘environmental investigator’ for over 22 years now. Over that time I’ve seen some awful offences against the environment. I’ve also witnessed some inspiring action from the individuals and communities affected.

After seeing so many outrageous cases it’s easy to become desensitised to the more everyday environmental offences – even if they are, of themselves, dire to those involved.

But every now and again you come across something that jerks you back to stark reality – something that touches a raw nerve.

I spent the 1990s working as an ‘eco-troubleshooter for hire’ across Britain. For the last decade or so, tired of seeing the same problems coming around again and again, I’ve become more strategic – trying, proactively, to deal with issues before they become an offence to human health and environment. For example, I was apparently the first person touring the UK talking about fracking in 2009 / 2010.

I’ve seen all sorts of ‘nastiness’ – from the dodgy waste reclamation plants of the Black Country, to the chemical plants of Teeside, to the landfills of South Wales.

The point at which I decided to stop chasing tipper lorries, and instead proactively identify ‘the next big issue’, was after fighting Newcastle City Council in 1999/2000.

They had, as a method of ‘recycling’, dumped highly toxic incinerator ash on public parks and allotments across Newcastle – only for them to get a slap on the wrist in the court and, politically, to brush the matter under the carpet.

A case from the ‘book of horrors’

1991-2003 is a time in my career which I look back upon with both fond and troubling memories. And a few weeks ago it came back to haunt me with a vengeance. After speaking about fracking in Guildford I met a couple whose case was right out of my old ‘book of horrors’ from the 1990s.

During February of this year the news was dominated by the flooding along the Thames Valley. Amidst the general mayhem there was one tragedy which has received little public attention.

In the early hours of 8th February 2014, Kye Gbangbola, his seven year old son Zane, and Zane’s mother Nicole were all taken ill at their home in Thameside, Surrey. An ambulance was called and they were taken to hospital. Both Kye and Zane had suffered cardiac arrest. Zane died later in hospital. Kye remains paralysed from the waist down.

Kye and Nicole came to my talk in Guildford and told me of their campaign to find the truth of what happened that day. Surrey Fire and Rescue Service attended and found hydrogen cyanide. Medical tests also showed the presence of cyanide in the family’s blood.

Ten months later the case has not been resolved: no date for an inquest; no death certificate; no resolution to the family’s plight.

What is the possible source of cyanide from flooding?

Just to the north of their home was a former gravel pit which, some years ago, had been used as a waste dump. Before waste licensing came in a the end of the 1970s, waste dumping was pretty much uncontrolled. Former gravel and brick pits around the periphery of London were used extensively to get rid of the capital’s waste.

And the source of the waste? No one knows. If, for example, the site had been filled with innocently identified ‘construction waste’, and if that material had come from a former gasworks in London or elsewhere, it could contain high levels of cyanide.

These things happened in the 1970s and 1980s. For example, in 1992 I discovered the the UK Atomic Energy Authority’s Harwell Laboratory, Britain’s premier nuclear research agency, had for years been secretly dumping waste chemical flasks and radioactive waste transport containers in a gravel pit on the edge of an Oxfordshire village.

In April 2014 Surrey County Council, the waste disposal authority for the area, denied that the site had been landfilled. If you go to the Environment Agency’s web site, you can see that the site is classed as an ‘historic landfill’ – that is, pre-dating the controls brought in during the late 1970s.

As flood-waters rose in February, the landfilled material is presumed to have become saturated. As the result of either chemical reactions, or the displacement of toxic gases, or both, the groundwater which filled the cellar is presumed to have carried the toxic gas into the house, overcoming the family.

A trip down eco-memory lane

What I’ve found so troubling about this case is that, for twenty years, this has been a tragedy waiting to happen. To explain why, I need you to take a trip down eco-memory lane.

When I started work professionally in 1992, the first thing I did was to write a series of reports on the issue of contaminated land. During my ‘voluntary period’ (1984-1991) I’d come across the issue a number of times.

From closed landfill sites, to old gasworks, it was a serious problem – and one which I believed could form the basis of a viable business as a full-time ‘environmental investigator’.

The Department of the Environments’ (DoE) Interdepartmental Committee on the Redevelopment of Contaminated Land (ICRCL) had produced a number of documents in the early 1980’s setting out the best practice for the redeveloping contaminated land.

In 1985 the Royal Commission on Environmental Pollution’s Eleventh Report highlighted the problems too. This led to research being commissioned, and eventually the issuing of a DoE / Welsh Office circular explaining the procedures and best practice in the redevelopment of contaminated land. The ICRCL also revised some of their previous notes to reflect this.

In 1989 the Government decided to put all this new research and best practice into a formal, legally enforcible regulatory framework; which was inserted into the new Environmental Protection Bill , eventually becoming Part II of the Environmental Protection Act 1990.

Then the development industry went absolutely berserk!

Shortly after the new Act was approved, developers and landowners, fearful that their assets would be effectively worthless if they had to clean up historic contamination, brought brickbats to bear on politicians and regulators. What particularly stirred their wrath were two specific sections of the new Act:

Section 61, which required local waste regulation authorities to map all the former landfill sites in their area. The rationale was that what is the value of bringing new regulations to control the hazard from current and new landfill sites if you didn’t police the condition of the old ones too. Specifically paragraph 1 stated,

“it shall be the duty of every waste regulation authority to cause its area to be inspected from time to time to detect whether any land is in such a condition, by reason of the relevant matters affecting the land, that it may cause pollution of the environment or harm to human health.”

Section 143 was similar, but it extended the need to survey and evaluate land to all potentially “contaminative uses of land”, and created a,

“duty of a local authority, as respects land in its area subject to contamination, to maintain, in accordance with the regulations, a register in the prescribed form and containing the prescribed particulars.”

The fear expressed by many property developers was that large areas of land would be ‘blighted’. The land would be worthless because of the perceived risk in the mind of the public, and because of the large costs of decontamination before any new developments could be built.

That view ignores the potential hazards of development – and arguably the greater cost to public health and the NHS. I’d carried out some research on behalf of Friends of the Earth in Oxfordshire, Kent and Lancashire, and there were a large number of sites which could cause problems to the environment and human health if badly redeveloped.

The risk was not from the land as it was – it was the impact on workers and the public if the substances locked-up in the ground were disturbed, dug up or moved.

In May 1991, following a public consultation, regulations were drafted to implement the new system – to be commenced in April 1992. These were abandoned shortly before this date due to pressure from property developers.

To address the developer’s concerns, following a second consultation period, the regulations were the redrafted – the new guidelines only covering 15% of the land area which the original regulations would have. Despite this, the Department of the Environment still received objections from major developers and landowners.

The Government caves in to pressure

On 24th March 1993 the Government abandoned plans to implement sections 143 and 61 of the Act, and announced that it would begin a review of the powers of regulatory bodies to control the pollution of land.

The exact nature of pressure brought to bear on the Conservative government, causing them to cave into the development lobby rather than protecting public health, was not clear at the time. All we can do today is ask the minister responsible for that decision, Michael Howard – now a member of the House of Lords.

By 1995 the Government was planning to merge various environmental regulators to form a new ‘super-regulator’, the Environment Agency.

That was brought about by The Environment Act 1995. Section 57 of that Act repealed section 143 of the 1990 Act, inserting in its place a new ‘Part IIA’ of the Environmental Protection Act which instituted a new legal framework for dealing with contaminated land.

Section 120 and Schedule 22 of the 1995 Act repealed section 61 of the 1990 Act, taking away the obligation to monitor former landfill sites – meaning that they would be dealt with just like any other types of ‘potentially contaminated land’ even though, arguably, landfill sites are a more hazardous land use.

How can we summarised this new process? That’s best summed up in DEFRA’s 2008 legal definition of land contamination, drawn up by the then ‘New Labour’ government (my emphasis):

“Part 2A of the Environmental Protection Act 1990 came into force in England in 2000. The Government sees a central aim of the Part 2A regime as being to encourage voluntary remediation of land affected by contamination.”

What does ‘voluntary remediation’ mean in practice?

Around 1997/8 I investigated the redevelopment of the former Royal Small Arms Factory in Enfield Lock. Redevelopment was causing nausea and skin rashes amongst nearby residents.

What that ‘remediation’ meant to the developer of the new Enfield Island Village was that at the least contaminated end of the island, where the ‘expensive’ houses were to be built, a metre or two of soil was dug up (which was causing the problems experienced by the neighbours) and replaced with fresh material before the houses were erected.

At the other, most contaminated end of the island, very little soil was removed. Instead a metre of clay was rolled down on the ground surface before the ‘low cost’ social housing was erected.

This is the problem with the framework for contaminated land instituted in 1995. It proceeds on a ‘don’t ask, don’t tell’ basis. If the local council doesn’t press the issue, the developer need only undertake works which render the site fit for its intended purpose.

Worse still, if a local authority decides that a site presents an imminent risk to the public, it might have to bear the cost of remedial action and try to bill the landowner for the work. Consequently it isn’t in the interests of local authorities to look, just in case they find something – Surrey’s immediate denial in this case being an exemplar of the principle.

If Section 61 had not been repealed in 1995, Surrey County Council would have had to investigate every former landfill in the area and assess its risk to the public (around the periphery of London, that’s quite a lot of sites).

If Section 147 had not been repealed, Spelthorne Borough Council’s Environmental Health Department would have had to keep a detailed register of potentially contaminated sites, and that register would have been available to anyone to view.

There is a repeating pattern of administrative action at work here

Just as in the early 1990s, today the Government and regulators are coming under pressure to water-down environmental regulations, and ‘cut the green tape‘, to allow business to develop more easily.

For example, on the back of a more right-wing economic bandwagon, instituting policies such as ‘fracking’ for shale gas, David Cameron has instructed his aides to get rid of the green crap from policy.

That’s also why this case touched a raw nerve with me. I’ve come across some nasty cases in the past – such as the Rocket Pool estate in Bradley, Wolverhampton, where people living on the edge of a former landfill were becoming seriously ill (a few years later, a number of local people who I worked with on that case had died).

What really annoys me is that, 20 years ago, the consequences of decisions made then were entirely foreseeable – and were made purely for the sake of money over the value of people’s health.

Today, that same blinkered agenda is still driving decision-making. That’s what hit me as I talked to Kye and Nicole in Guildford. My past was catching up with me and it had so much to say about the present.

We can’t be certain that if sections 61 and 143 of the Environmental Protection Act 1990 had not been withdrawn, and the legislation enacted as originally anticipated, that Zane and his family would not have succumbed to the tragedy which befell them in February.

What we can say, especially given the requirements of section 61 on Surrey County Council, is that it would have been less likely to happen if these sites had been properly investigated 20 years ago.

And today, though their individual case is a sad reminder of Britain’s legacy of past mistakes, it should serve as a red flag over decisions taken today to ‘cut green tape’ – which, with what we know from our recent past, could plague present and future generations.

 


 

Paul Mobbs is an independent environmental consultant, investigator, author and lecturer.

A fully referenced version of this article is posted on the Free Range Activism website.

 

 




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