In this talk, given at the Brownfield Briefing Scottish Legislative and Regulatory Changes Conference in Glasgow on 29 January 2008, Robert Sutherland considers the most recently available statistics concerning the number of determined contaminated land sites in Scotland and England before turning to examine how the courts have interpreted the Part IIA of the Environmental Protection Act 1990 and highlights changes to the treatment of contaminated land under the Landfill Tax regime. The cases considered include Circular Facilities (London) Limited v Sevenoaks District Council, Environment Agency v Hillridge Limited and R (on the application of National Grid Gas Plc (formerly Transco Plc)) v Environment Agency.