- Environmental law after Brexit—level playing field and divergence
- Original news
- What does the ‘level playing field’ mean for environmental law? And how is the related concept of ‘non-regression’ on environmental levels of protection to be interpreted?
- Do the ‘level playing field’ provisions in the TCA prevent the UK government when legislating for the UK to diverge from the environmental protections currently in place?
- Have there been any major divergences in environmental laws so far?
- Have you seen any examples of divergences already creeping into UK law?
- 1. The rules on plastic waste
- 2. Insecticide approved for sugar beets
- 3. Regulation of gene-edited organisms as GMOs (potential divergence)
Environment analysis: Genevra Forwood and Jacquelyn MacLennan, partners, and Emma Bichet, associate, of White & Case consider what the rules on the ‘level playing field’ mean for environmental law in the UK post-Brexit, and whether there have been any major divergences between UK and EU law since the EU-UK Trade and Cooperation Agreement (TCA) was announced. They also discuss three examples of current, or potential, divergences in the areas of exporting plastic waste, pesticide authorisation and regulating genetically modified organisms (GMOs).
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