The UK and Brexit – Environmental opportunity or disaster?
Abstract
The environmental implications of the UK leaving the EU have yet to be fully realized, but the picture is by no means all negative. Initially, as far as possible, all EU environmental legislation continues to apply in the interests of regulatory certainty but divergences are beginning to emerge. Brexit has led to the proposed establishment of a new independent environmental watchdog, and the Government has committed itself to ambitious environmental goals. The Common Agricultural Policy will be replaced by financial schemes that will pay farmers only for public benefits, mainly concerning the environment. At the same time, a consequence of Brexit is that that the UK will see increasing divergencies in environmental law and policy within its devolved administrations.
Keywords:
Brexit, Environmental divergence, UK environmental policy and lawReferences
Ashby, Eric and Anderson, Mary. 1981. The Politics of Clean Air. Oxford: Clarendon Press.
Google Scholar
Carbon Brief. 2021. Analysis: UK is now halfway to meeting its ‘net-zero emissions target. 21 March 2021 On-line : https://www.carbonbrief.org/analysis-uk-is-now-halfway-tomeeting-
Google Scholar
its-net-zero-emissions-target. accessed: 25/03/21.
Google Scholar
Department of Environment, Food and Rural Affairs. 2018. Sustainable Fisheries for future
Google Scholar
generations. Cm 9660.
Google Scholar
Department of Environment Food and Rural Affairs. 2020. Due Diligence on forest risk
Google Scholar
commodities: Consultation Document.
Google Scholar
Department of Environment Food and Rural Affairs. 2021. The regulation of genetic technologies:
Google Scholar
Consultation Document.
Google Scholar
Department for Exiting the European Union. 2017. Legislating for the United Kingdom’s
Google Scholar
withdrawal from the European Union Cm 9446.
Google Scholar
Department of Business, Energy and Industrial Strategy. 2021. Industrial Decarbonisation
Google Scholar
Strategy.
Google Scholar
Department of Transport. 2020. Decarbonising Transport – Setting the Challenge.
Google Scholar
European Commission. 2018. Communication from the Commission on the State of Play of
Google Scholar
the Common Fisheries Policy. Com( 2017) 368 final.
Google Scholar
European Union and United Kingdom. 2020. Trade and Co-operation Agreement between
Google Scholar
the European Union and the European Atomic Energy Authority on the one part, and the
Google Scholar
United Kingdom of Great Britain and Northern Ireland of the other part, 24 December 2020.
Google Scholar
Greener UK. 2018. Environment principles and governance after the UK leaves the EU
Google Scholar
https://greeneruk.org/sites/default/files/download/2018-10/Greener_UK_response_to_Defra_
Google Scholar
EPG_consultation_310718_0.pdf accessed 5/6/21.
Google Scholar
HM Government. 2018. A Green Future: Our 25 year Plan to Improve the Environment.
Google Scholar
HM Treasury. 2020. Net Zero Review: Interim Report December 2020.
Google Scholar
House of Commons Library. 2020. The Agricultural Act 2020 Briefing Paper CBP 8702.
Google Scholar
House of Commons Library. 2021. End of Brexit Transition: chemicals regulation (REACH)
Google Scholar
Briefing Paper CBP 8403.
Google Scholar
House of Lords European Union Committee. 2017. Brexit: environment and Climate Change
Google Scholar
th Report of Session 2016-19 HL Paper 109.
Google Scholar
Jordan, Andrew. 2002. European Union Environmental Policy and Britain. In The Europeanization
Google Scholar
of British Environmental Policy, Andrew Jordan, 19-43. London: Palgrave.
Google Scholar
Kramer, Ludwig. 2018. EU Environmental Law. London: Sweet and Maxwell.
Google Scholar
Macrory, Richard . 1991. Environmental Law: Shifting Discretions and the New Formalism.
Google Scholar
In Frontiers of Environmental Law, ed. Owen Lomas, 8-23. London: Chancery Law.
Google Scholar
Macrory, Richard. 2019. The Office for Environmental Protection – Environmental Fig-Leaf
Google Scholar
or Game Changer? Environmental Law and Management (2019) 31 ELM 1-5.
Google Scholar
Ministry of Housing, Communities and Local Government. 2020. White Paper: Planning
Google Scholar
for the Future.
Google Scholar
Scottish Government. 2019. Protecting Scotland’s Future: the Programme for Scotland 2019-2020.
Google Scholar
UK Environmental Law Association. 2017. Brexit and Environmental Law: Enforcement and
Google Scholar
Political Accountability Issues.
Google Scholar
UK Government. 2021. UK enshrines new target in law to slash emissions by 78% by 2035.
Google Scholar
Press Release 20 April 2021.
Google Scholar
Wenneras, Pal. 2007. The Enforcement of EC Environmental Law. Oxford: Oxford University
Google Scholar
Press.
Google Scholar
Zglinski, Jan. 2018. The rise of deference: the margin of appreciation and decentralized review
Google Scholar
in EU free movement law. (2018) 55(5) CMLR 1341-1385.
Google Scholar
Directive 91/692 on standardizing and rationalizing reports on the implementation of certain
Google Scholar
Directives relating to the environment.
Google Scholar
Directive 2001/18 on the deliberate release into the environment of genetically modified organisms.
Google Scholar
Regulation 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).
Google Scholar
Regulation 1107/2009 concerning the placing of plant protection products on the market.
Google Scholar
Regulation 995/2010 laying down the obligations of operators who place timber and timber products on the market.
Google Scholar
Regulation 2019/2022 laying down eco-design requirements for household dishwashers pursuant to Directive 2009/125/EC (nine other regulations were adopted by the European
Google Scholar
Commission at the same time covering other classes of product).
Google Scholar
Regulation 2020/2174 amending Annexes IC, III, IIIA, IV, V, VII and VIII to Regulation (EC)
Google Scholar
No 1013/2006 of the European Parliament and of the Council on shipments of waste.
Google Scholar
Agriculture Act 2020
Google Scholar
Alkali etc Works Regulation Act 1881
Google Scholar
Environment Bill 2021
Google Scholar
European Union (Continuity) (Scotland) Act 2020
Google Scholar
European Union (Withdrawal Act) 2018
Google Scholar
Fisheries Act 2020
Google Scholar
UK Internal Market Act 2020
Google Scholar
Water Act 1945
Google Scholar
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