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October 6
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Brexit

The prospect of the UK withdrawing from the EU following the 23rd June referendum result raises big questions about the future of UK environmental regulation. This page gives a summary of some key issues. The Further Reading sub-pages give details of UKELA's work on this topic and relevant papers by academics and practitioners.

UKELA's position

  1. UKELA considers it imperative that the UK’s current environmental legislation is preserved pending proper review, full and open consultation on options for change and the involvement of Parliament as far as possible.
  2. UKELA considers preservation is critically important in order to ensure ongoing compliance with international law and applicable EU law, regulatory stability and continued protection of the environment.
  3. UKELA considers that the level of environmental protection, and the ability of citizens to participate in environmental decisions and take action in the courts where necessary, must not be diminished by any future changes to domestic legislation.
  4. The development of a post-Brexit framework of environmental legislation presents a unique and critically important opportunity for the UK Government and devolved administrations to explore ways of improving and strengthening environmental regulation.
  5. UKELA will ensure that the UK Government, devolved administrations and regulators are aware of the immense body of legal expertise within the association that may be employed to assist with the next steps.

How has EU membership affected UK's environmental laws?

Currently, the vast majority of the UK's environmental laws and policies are based on European laws. This is because, as a member of the EU, the UK is bound to apply EU environmental laws.

The EU has competence to legislate on environmental matters and has been very active in this area. Over the past forty years or so, it has introduced policies and laws dealing with issues including industrial and agricultural pollution, waste, water quality, air quality, nature conservation, environmental damage and climate change.

UKELA considers that EU environmental policy and legislation has, on balance, had a significant and very positive influence on the environment in the UK, with related economic benefits. Reasons for this view are set out in our written submissions to consultation exercises: the Government's 2103 Balance of Competences Review and the 2015/16 House of Commons Environmental Audit Committee's inquiry (available here).

How might Brexit change things?

Much will depend on the terms of the negotiated settlement for a UK withdrawal (or ‘Brexit’), and in particular whether this involves obligations on the UK to continue to comply with EU laws that affect the environment.

The possibilities include:

  • little change because the UK still has to apply most EU environmental laws. This would be the case if the UK were to join the European Economic Area. To do this, it would first need to re-join the European Free Trade Area. The UK would have little influence over the content of new EU environmental laws. This is because only EU member states can vote on proposals in the European Council and Parliament. Certain existing EU laws would cease to apply, including the Birds and Habitats Directives, Bathing Water Directive and relevant controls under the Common Agricultural Policy and Common Fisheries Policy. Decisions would need to be taken about what to do with our domestic laws and policies in those areas.
  • keeping things the way they are for other reasons. For example, the UK might decide to preserve current waste management laws because those standards will need to be met by businesses that export waste to EU countries. The UK might also want to continue to be able to trade within the EU emissions trading scheme in order to meet its greenhouse gas emissions targets under other international treaties and agreements.
  • developing 'home-grown' environmental laws and policies. For example, the UK government might choose to 'go greener', or to get rid of certain environmental protections because they are considered barriers to the free market. The UK government would not have an entirely free hand in this. Many of our environmental laws serve to implement not only EU laws, but also other international treaties and agreements. The government would also need to consider very carefully how to deal with national laws and measures that give effect to EU law, so as not to cause problems for businesses and regulators. Given the large number of laws and measures at issue, this exercise could take a huge amount of time and effort, and will raise some knotty legal questions.

These bullets are just brief summaries of a few possible scenarios. Our events and papers have taken a much more detailed look at the legal and policy questions that would arise if the UK were to withdraw from the EU. Our Futher Reading sub-pages give links to papers and handouts from events.

Further Reading

UKELA's work on Brexit

Other reports and papers on Brexit

This page was printed from the website of the UK Environmental Law Association at www.ukela.org.
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