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The High Court ruled yesterday that Corby Council was liable for birth defects in local children whose mothers were exposed to toxic pollutants in the air. The decision is the first to establish a link between atmospheric toxic waste and birth defects.
The case concerned the reclamation works at Corby’s former British Steel plant between 1985 and 1999 where toxic waste was carried from the site in open lorries.
The lawyers representing the council have stated that the decision "could cause a rethink of the way that reclamation is carried out in the UK."
The decision will not result in any new regulation overnight, but local authorities etc may be a lot more conscious of the methods they employ for remediating sites. In particular, it is likely to trigger a rethink of the processes by which land remediation is carried out by excavation and off-site disposal or “Dig and Dump”
Unlike on site remediation activities as carried out by Cognition "Dig and Dump" does not fall within the Environmental Permitting regime, therefore, contractors undertaking such work do not need to be licensed by the Environment Agency although this may now be brought under consideration.
The implications of this case will be an important factor in our industry and may perhaps result in an increase in professional on site treatment.  
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