Although the current UK Government is said to have published more Statutory Instruments than any previous government, there remains a real risk of stalls on environmental legislation and subsequently a regulatory gap after Brexit. The Guardian notes that in the best-case scenario the Environment Bill will be passed in autumn 2019. Further, the Office for Environmental Protection (OEP) will not materialise until 2021. Meanwhile, a “holding arrangement” will set out an “undefined mechanism” which will be able to receive reports of environmental lawbreaking. These are due to be investigated later by the OEP as it enters into function. With no operational body that holds equivalent powers to the European Commission and the European Court of Justice, this regulatory gap leaves big uncertainties on environmental law enforcement post-Brexit.
Stefan Scheuer