How will your business be affected by the major changes in environmental law and regulation that are taking place, many flowing from Brexit?

Prospect Law’s William Wilson, Senior Environmental and Regulatory Lawyer, has developed short, focussed briefings on some of the key areas, designed to help your business map a way through a rapidly changing legislative landscape.

We can tailor these briefings to your specific business, or deliver them in short interactive lunchtime sessions aimed at senior management or groups of staff with particular interests.

Defra’s Resources and Waste Strategy

This Strategy takes forward, in England, the Circular Economy elements of Defra’s 25 year plan. This briefing considers coverage of product lifecycle (on the circular economy model); topical areas (such as waste crime and food waste) and the bigger picture (for example marine plastics, research and innovation, and data monitoring), and key commitments including those on producer responsibility for packaging.

REACH Chemicals Regulation, and UK REACH

Disengagement from the EU REACH chemicals regulation, and from related regulations such as Biocidal Products, has been one of the most vexed aspects of Brexit for businesses affected by environmental laws. This Briefing considers relations with ECHA post-Brexit, the position of Downstream Users and Only Representatives, issues with UK REACH, the waste/chemicals interface and implications for firms undertaking cross-border trade.

Environment (Principles and Governance) Bill

On leaving the EU, the UK will cease to apply EU Treaty provisions supporting environmental protection and will no longer have environmental laws applied by the European Commission and the Court of Justice of the European Union. This Briefing considers the arrangements that the government is proposing for England to replace these structures with a new Office for Environmental Protection, and what has been learned from pre-legislative scrutiny by the EFRA Committee, including Michael Gove’s evidence of 6 March 2019.

Environment Bill

The wider Environment Bill, promised for the next session of Parliament, is supposed to include the draft Environment (Principles and Governance) Bill; air quality protection; enhancement of landscapes; wildlife and habitat; more effective handling of resources and waste; better management of surface, ground and waste water. This will be the most important Environment Bill for over 20 years, and this Briefing considers the ways in which it will affect the environment and businesses.

Illegal waste sites issues

Illegal waste sites are a massive issue for many parts of the UK, happening on a much greater scale than is generally realised and resulting in millions of pounds of avoided Landfill Tax for government and regulators, as well as unfair competition for legitimate businesses. This Briefing considers some of the latest technological options for locating and identifying illegal waste sites, and bringing them to the attention of regulatory authorities.

Air Quality Strategy, Clean Air Zones, Air Quality Legislation

Air quality legislation is undergoing a major overhaul, with big implications for the economy, the environment and human health. This Briefing considers Clean Air Zones, the ClientEarth litigation, the Government’s new Air Quality Strategy, air quality in the Environment Bill, and some of the effects that this legislation is already having, for example on the car market.

Pesticide policy, law and Brexit

In the short term, pesticide policy review seems to have fallen victim to the “Brexit first” approach within government. In the medium term it is likely to be subject to major review. This Briefing considers the trends from recent European judgments, and the way in which their influence may continue to be felt, despite Brexit and divergence from EU law.

Devolution, Environmental Law and Brexit

The development of distinctly different environmental laws and regulations, in England, Scotland, Wales and Northern Ireland, is going to result in an increasingly challenging environment for compliance for businesses working across these jurisdictions. This Briefing gives a very brief overview of the main differences, and considers both the possible problems and potential solutions for an integrated approach to environmental regulation.

Labour Party policy, the environment and energy

Is your business up-to-date on Labour Party policies on the environment and energy, and how it may be affected by them in the event that the Labour Party wins a future election? This Briefing reviews the party’s policies in these key areas, and considers how they may affect businesses.

Environmental Law and trade

Alignment of environmental regulations with either the EU, the USA or any other jurisdiction is clearly going to be a major factor in any future trade talks undertaken by the UK. This Briefing considers what to expect, and what is at stake.

About the Author

William Wilson is a specialist environmental, regulatory and nuclear lawyer with over 25 years experience in government, private practice and consultancy. He worked as a senior lawyer at the UK Department of the Environment/DETR/DEFRA, and helped to build up the environmental and nuclear practices at another major law firm, as well as running his own environmental policy consultancies. William has experience of all aspects of environmental law, including water, waste, air quality and industrial emissions, REACH and chemicals regulation, environmental protection, environmental permitting, litigation, legislative drafting, managing primary legislation, negotiating EU Directives and drafting secondary legislation.

Prospect Law is a multi-disciplinary practice with specialist expertise in the energy and environmental sectors with particular experience in the low carbon energy sector. The firm is made up of lawyers, engineers, surveyors and finance experts.

This article remains the copyright property of Prospect Law Ltd and Prospect Advisory Ltd and neither the article nor any part of it may be published or copied without the prior written permission of the directors of Prospect Law and Prospect Advisory.

This article is not intended to constitute legal or other professional advice and it should not be relied on in any way.

To discuss which of these Briefings may be relevant to your business, and how to arrange a session to deliver them in-house, or to follow up advice required on any of the issues covered, please contact William Wilson at [email protected] or on +44 (0)7885 551 405.

  1. Agriculture
  2. Brexit
  3. Environmental Governance

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