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Welcome to the fourth edition of our monthly environmental law newscast produced in partnership with Christopher Badger, Barrister, 6 Pump Court.
In this bulletin, we consider some of the key legal developments in the environmental law field in April 2018, including:
• Brexit developments;
• EU tackles more emissions; and
• Environment Agency enforcement and sanctions policy
To listen to the audio file, press play below or to download as audio only, click here.
Michel Barnier, the EU’s chief negotiator, recently stated that to hold the UK to EU environmental standards, Brussels may insist on a ‘non-regression’ clause in any future deal after Brexit, rather than rely on Michael Gove’s pledges over the environment.
Christopher takes us through these latest Brexit developments and discusses what the implications of a ‘non-regression’ clause might be – for example in terms of how such a clause would be policed and what this could mean for the development of UK environmental policy in the future.
On the 17th April 2018, at a plenary session of the European Parliament, two draft laws with binding national emission targets were adopted.
Christopher explains which sectors, not covered by the current EU Emissions Trading Scheme, will be caught by these new laws - essentially agriculture, transport, building and waste and forestry and land-use.
On 11th April 2018, the Environment Agency published their enforcement and sanctions policy, combining and amending previous published documents.
Christopher discusses this new enforcement and sanctions policy, and picks up some of the points raised in the consultation response document, for example on the use of variable monetary penalties.
For related documents, see:
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