Brexit—environmental law implications
Brexit—environmental law implications

The following Environment guidance note provides comprehensive and up to date legal information covering:

  • Brexit—environmental law implications
  • EU environmental remit
  • Brexit—the withdrawal process
  • White paper on UK-EU future relationship—environmental aspects
  • Technical notices on no-deal Brexit
  • Consultation (England)—Environmental Principles and Governance Bill
  • Environment Bill
  • Nuclear Safeguards Act 2018
  • Brexit and devolution
  • Potential breach of the Aarhus Convention
  • more

On 23 June 2016, the UK held a referendum on membership of the EU, with a 52% majority voting in favour of the UK leaving the EU. The full impact of the UK’s decision to withdraw from the EU remains to be established and the EU and UK domestic legal landscape will continue to change throughout the withdrawal process. We are reviewing our content on the basis of information available and will keep it under regular review throughout the withdrawal period. This Practice Note focuses on what Brexit could mean for environmental laws in the UK and follows the latest developments in this regard.

For general Brexit reading, links to related guidance and policy documents, as well as a timeline and Brexit legislation tracker, see:

  1. Brexit—overview

  2. Brexit timeline

  3. Brexit legislation tracker

For details on Brexit related regulations relevant to the environment, see:

  1. Environment legislation tracker 2019

  2. Environment legislation tracker 2018

EU environmental remit

The following sections put the role of the EU’s environmental remit into context by outlining:

  1. EU competence—environment

  2. EU institutions and bodies—environment

  3. EU policy—environment

EU competence—environment

Article 5 of the Treaty on the European Union (TEU) states that the 'Union shall act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein'. Hence, competences not conferred