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

EIB decides to publish its environmental and social assessments outside the EU

The European Investment Bank (EIB) has announced that it will now publish its environmental and social assessments for projects outside the EU, which significantly impact the environment. This decision comes in response to prior concerns and inquiries, notably regarding a project in Nairobi, Kenya, where access to such assessments was previously denied until after financing decisions were made and highlights a commitment to increased transparency and accountability, ensuring that stakeholders have the opportunity to review and discuss potentially impactful projects from the outset.

ECHA proposes EU-Wide restrictions on hexavalent chromium substances

The European Chemicals Agency (ECHA) has proposed an EU-wide restriction on certain hexavalent chromium (Cr(VI)) substances to reduce their harmful effects on workers and the public. Developed at the request of the European Commission, the proposal is based on an assessment that identified Cr(VI) as a potent carcinogen linked to lung and intestinal cancers, presenting significant risks to both workers and local communities near industrial sites. The proposal intends to replace the current authorisation requirements under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) framework. It calls for a ban on Cr(VI) substances—with exceptions for specific use categories that meet defined limits for worker exposure and environmental emissions—and includes barium chromate to prevent substitution with similarly hazardous chemicals.

Defra announces enhanced measures to tackle illegal waste operations

The Department for Environment, Food and Rural Affairs (Defra) has announced new measures to combat waste crime. Local authorities will receive powers to seize and destroy vehicles used in fly-tipping operations, supported by drone and CCTV surveillance capabilities. The measures include increased prison sentences of up to five years for illegal waste operations and cost recovery mechanisms for vehicle seizures. The Environment Agency will gain enhanced enforcement powers, including the ability to conduct identity checks, revoke permits and issue fines. A ministerial review aims to reduce administrative barriers to vehicle seizures and the government has allocated £69bn to council budgets across England to support implementation.

DESNZ opens consultation on BUS and clean heat installation certification rules

The Department for Energy Security and Net Zero (DESNZ) has launched a consultation on proposed changes to the Boiler Upgrade Scheme (BUS) and certification requirements for clean heat installations. The two-part consultation addresses amendments to BUS, including new heat pump purchase options and expanded eligibility for low carbon heating technologies and proposes making the Microgeneration Certification Scheme (MCS) the sole certification scheme for clean heat installations across multiple programmes. The proposals aim to streamline certification processes while enhancing consumer protections through measures such as upfront grant deductions by installers. The consultation will close on 11 June 2025.