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This case study is part of the 2021 REF submission in which UCL Laws was assessed as No.1 for research excellence in the UK.
Background
Researchers in UCL’s Centre for Law and Environment (CLE) have been at the forefront of systematic study of UK environmental law for over two decades, shedding particular light on the complex, far-reaching influence of EU law on environmental protection in Britain. As Brexit approached, this breadth and depth of expertise allowed Centre researchers to analyse the gaps that the loss of the EU environmental law framework would create in UK environmental law—as well as opportunities for innovation.
Impact
Multiple members of UCL CLE shaped generational transformation in UK environmental law through direct engagement with NGOs, Parliament and government. In particular, research by CLE scholars:
- Demonstrated the need for legislation to address impending gaps in UK environmental law and governance post-Brexit, convincing government to commit to sector-specific legislation in the EU Withdrawal Act 2018 and shaping the draft Bill that followed;
- Strengthened the important role played by environmental principles in ensuring a high standard of environmental protection in the UK for the post-Brexit era;
- Successfully made the case for, and influenced design of, a brand-new regulatory body for England–the Office for Environmental Protection–and led preparations for an interim regulatory body during the Brexit transition; and
- Directly informed ambitious new policy on air quality law, leading to new legislative proposals on air quality governance in England.
- References to research
Richard Macrory, Regulation, Enforcement and Governance in Environmental Law (2nd ed., Hart 2014), chapters 1,2,3,6, 7, 27. (Research published as chs 2, 6 funded by DEFRA grant to Macrory, Modernising Environmental Justice
Maria Lee, ‘Brexit and Environmental Protection in the United Kingdom: Governance, Accountability and Law-making’ (2018) 36 Journal of Energy & Natural Resources Law 351.
Richard Macrory, ‘Environmental Law in the United Kingdom post Brexit’ (2019) 19 ERA Forum 643 (published online Sep 2018, reflecting research prior to Sep 2017 retirement).
Eloise Scotford, ‘Environmental Principles Across Jurisdictions: Legal Connectors and Catalysts’ in Emma Lees and Jorge Viñuales (eds), Oxford Handbook of Comparative Environmental Law (OUP 2019).
Richard Macrory and Justine Thornton, ‘Environmental Principles: Will They Have a Legal Role After Brexit?’ (2017) 9 Journal of Planning & Environment Law 907.
Maria Lee and Eloise Scotford, ‘Environmental Principles After Brexit: The Draft Environment (Principles and Governance) Bill’ (SSRN working paper posted 30 Jan 2019).
Eloise Scotford, ‘Air Quality Law for the Future: Fixing the Fundamentals’, Brexit & Environment blog (14 Feb 2019). (Research funded by BA/Leverhulme Small Grant SG152891to Scotford, Investigating Compliance with Air Quality Standards: Administering ‘Diffuse Implementation’, 2017–19).