Brexit, retained EU law and assimilated law

EU environmental law

Over the years, the European Commission has taken a proactive approach to establishing environmental protection in a range of areas, such as: environmental liabilities, noise, industrial emissions and permitting, climate change, air quality, hazardous substances, chemicals, nuclear energy, sustainability, environmental management, conservation, water, energy and waste.

The vast majority of environmental regimes in the UK stem from European directives and regulations.

For more details on the EU’s environmental remit, including competence, institutions and bodies and policy, see Practice Note: Brexit—impact on environmental law—Background—EU environmental remit.

For details on EU environmental law more generally, see Practice Note: Introduction to EU environmental law—powerpoint and Key environmental developments (EU Law)—overview.

UK withdrawal from the EU

As a result of the 23 June 2016 UK referendum on membership of the EU, which voted with a 52% majority voting in favour of the UK leaving the EU, government published the European Union (Withdrawal) Act 2018 (EU(W)A 2018). EU(W)A 2018 makes

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Latest Environment News

Planning decisions, EIA, HRA, indirect and in combination effects following Finch (Caffyn v SCC)

Planning analysis: This High Court judgment relates to the legal requirements for environmental impact assessments (EIA) under the Town and Country Planning (Environmental Impact Assessment) Regulations 2017, SI 2017/571 (EIA Regulations 2017) and habitats regulations assessments (HRA) under the Conservation of Habitats and Species Regulations 2017, SI 2017/1012 (HRA Regulations 2017) in the context planning decision making. The case specifically considers the downstream use and processing of manure from an intensive poultry unit (IPU) and its likely impact on watercourses and habitats. The judgment emphasises that local planning authorities (LPAs) should assess indirect and cumulative impacts as well as direct impacts and should consider and evaluate these rather than simply providing information about them. The assessment should be broad and focus on real world impacts. The existence of parallel regulatory regimes does not relieve LPAs of their duty to fully assess the proposed project and its potential impacts. Written by Sarah Sutherland, practice development lawyer at Burges Salmon LLP.

TNFD launches discussion paper on nature-related portfolio assessment methods

The Taskforce on Nature-related Financial Disclosures (TNFD) has published a discussion paper examining how financial institutions can assess and disclose nature-related dependencies and impacts in their portfolios. The paper outlines the practical challenges financial institutions face in evaluating nature-related dependencies, impacts, risks and opportunities (DIROs) associated with their clients and portfolio companies. These challenges include data limitations, difficulties in attributing impacts, and inconsistencies in methodologies.

Planning document disclosure, EIR 2004 exceptions (Farnsworth v IC)

Planning analysis: In this decision, the First-tier Tribunal (FTT) considered whether information sought under a subject access request in relation to a planning application was exempt from disclosure under regulation 12(4)(d) of the Environmental Information Regulations 2004 (‘EIR 2004’). This exception applies to ‘material which is still in the course of completion, to unfinished documents or to incomplete data’. The judge held that an external report prepared, by a consultancy for a local planning authority, did not fall within the scope of this exception. The case will be of interest to those who are considering making, or have received, an information request under the EIR 2004 or the Freedom of Information Act 2000 (FIOA 2000). Written by Elizabeth Dunn, partner, and Sarah Sutherland, practice development lawyer, at Burges Salmon LLP.

Environment weekly highlights—7 August 2025

This week's edition of Environment weekly highlights includes: news analyses on the Health and Safety Executive's consultation on chemicals legislative reform and the government's new and detailed guidance for sewerage undertakers in England and Wales on the preparation of Drainage and Wastewater Management Plans (DWMPs) under section 94A of the Water Industry Act 1991 (WIA 1991). In addition this week, the Department for Energy Security and Net Zero (DESNZ) has has launched two parallel calls for evidence on carbon capture, usage, and storage (CCUS) infrastructure development and PackUK has published a letter detailing key policy updates on the Extended Producer Responsibility for Packaging (pEPR) scheme. Further this week, the Department for Environment, Food and Rural Affairs (Defra), in conjunction with Scottish and Welsh Governments, has published a policy paper setting out the rationale for prioritising substances for potential regulatory action under the UK REACH work programme for 2025–26 and the Environment Agency (EA) has published its response to the 'working together' consultation on river basin management plans.