Brexit

Brexit

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 EU environmental law key developments—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 (

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Latest Environment News

DfT launches consultation on proposals to support transition to ZEVs

The Department for Transport (DfT) has launched a consultation, seeking views on proposals supporting the UK's transition to zero emission vehicles (ZEVs). The consultation is divided into two parts. The first, conducted solely by the UK government, focuses on phasing out the sale of new petrol and diesel cars from 2030. It seeks input on ending the sale of new internal combustion engine cars from 2030, potential requirements for new non-zero emission vans to be sold from 2030 to 2035, considerations for small volume manufacturers, and measures to support ZEV uptake. The second part, conducted in collaboration with devolved administrations, examines the ZEV Mandate, delivered though vehicle emissions trading schemes. It seeks views on existing flexibilities and potential technical updates to the Mandate, which will inform future amendments to the Mandate and CO2 emissions regulation. The consultation closes on 18 February 2024.

Defra publishes SoS determination of 2025 fishing opportunities for British vessels

The Department for Environment, Food and Rural Affairs (Defra) has published the Secretary of State (SoS) for Environment, Food and Rural Affairs, Steve Reed’s determination of fishing opportunities for British fishing boats for specific fish stocks and groups of fish stocks, covering the period from 1 January 2025 to 31 December 2025. This determination, made under section 23 of the Fisheries Act 2020, establishes quotas for the maximum quantity of sea fish that may be caught and the maximum number of days British vessels may operate at sea in UK, EU, Norwegian, and international waters. This new determination revokes any previously determined fishing opportunities for the same period that have not yet expired.

Defra announces plans to end neonicotinoid pesticide use in England

The Department for Environment, Food and Rural Affairs (Defra) has published a policy paper, outlining the government's plans to end the use of specific neonicotinoid pesticides on crops grown in England, including clothianidin, imidacloprid, and thiamethoxam. These pesticides are known to pose risks to bees and other pollinators. Defra intends to identify potential legislative changes to prevent the use of emergency authorisations for products containing these pesticides. In addition, it will review and update guidance on emergency authorisation decisions to ensure consideration of the importance of pollinators and the risks they may encounter if such authorisation is granted. Defra notes that the legal framework for emergency authorisations will remain unchanged for 2025 applications.

Defra publishes three guidance documents on RAM

The Department for Environment, Food and Rural Affairs (Defra) has published three guidance documents on the recyclability assessment methodology (RAM) for extended producer responsibility for packaging, effective from 1 January 2025. The first document specifies that large producers supplying household packaging must assess and report the recyclability of their packaging to the environmental regulator using the RAM. It details what packaging must be assessed, material categories, and the three-tiered red, amber, green rating system, which will influence disposal fees through ‘fee modulation’. The guidance also addresses reporting requirements for 2025 and how producers can obtain assistance with assessments. Defra notes that full details on fee modulation will be published in 2025 and that the RAM will be reviewed annually by a Technical Advisory Committee. The second document provides technical guidance on the RAM, outlining the process for classifying and reporting packaging, rules for take-back schemes, and definitions for technical terms. The third document explains how to categorise and rate individual materials under the RAM.