A recent presentation to the SiLC Annual Forum by environmental solicitor Emma Tattersdill (Bexley Beaumont)covered the The Retained EU Law (Revocation and Reform) Act 2023 (REUL Act), and in particular its possible implications for environmental law in the UK.

The REUL Act is a significant legislative measure in the United Kingdom, passed to address the complexities and legal frameworks inherited from European Union law post-Brexit. This Act is crucial for environmental law as it signifies a pivotal shift in how environmental regulations will be managed and implemented in the UK.

The REUL Act creates powers for government to review, amend, or repeal the vast body of EU-derived legislation retained in UK law after Brexit. Currently, the UK’s environmental law heavily relies on regulations directly imposed by the EU or influenced by EU directives. These laws covered various environmental protections, including air and water quality, waste management, biodiversity, and chemical safety.

The primary importance of the REUL Act in environmental law lies in its aim to streamline and adapt these inherited regulations to better fit the UK’s specific needs and priorities. By doing so, it provides an opportunity for the UK government to tailor its environmental policies more closely to national interests. However, this also poses significant challenges and uncertainties.

One of these challenges is the potential for a reduction in environmental standards. Critics argue that the process of reviewing and possibly revoking EU-derived laws could lead to the weakening of crucial environmental protections. For instance, there is apprehension that the government might prioritize economic and industrial interests over environmental sustainability, leading to less stringent regulations on pollution and resource management, such as they did with neonicotinoids in 2023. This could undermine the progress made in areas such as climate change mitigation, biodiversity conservation, and public health protection.  Other concerns are that it may compromise the clarity, accessibility, and comprehensibility of “assimilated law”, thereby affecting the rule of law.  In addition, previously litigated points may need to be revisited due to the changes in the status of REUL; i.e. points argued under direct effect of EU Directives.  Also, to date the review process for which laws will be retained, amended, or repealed has been opaque and under resourced, to say the least, and with the recent change in government it is even less clear as to what will occur.

In conclusion, the REUL Act is a fundamental development in UK environmental law, representing both significant opportunities and potential risks. The implementation of the new Act has the ability to affect AGS members greatly.  For further information on the Act and

its ramifications, the UK Environmental Law Association has produced a fascinating briefing paper on their website (www.ukela.org).

Article provided by Murray Bateman, Director, Geo-Integrity Ltd