Roundtable on Brexit and the Environment in Scotland: “Visions for the future of environmental law and governance in Scotland post-Brexit”
SCELG hosted a Roundtable on Brexit and the Environment in Scotland on 3rd May, to explore visions for the future of environmental law and governance in Scotland. The roundtable brought together Scotland-based and international researchers and stakeholders academics and practitioners working in Scottish, UK and EU institutions, including:
- The Scottish Government,
- Royal Society for the Conservation of Bird (RSPB)/Scotland,
- the Scottish Environmental Protection Agency (SEPA),
- Scottish Power,
- Marine Scotland,
- Canopus Scotland,
- Scottish Association for Marine Science (SAMS),
- Nourish Scotland,
- Brodies Solicitors,
- Malcolm Hollis, Pinsent Masons LLP,
- European Parliament,
- Cardno Emerging Markets,
- the Institute for Comparative Federalism (EURAC), Bolzano, Italy,
- Clinton Foundation,
- as well as researchers from the Universities of Dundee, Stirling, Sheffield and Columbia Law Schools.
The workshop aimed to achieve two objectives, namely to:
- identify key messages, focused on opportunities for Scotland to maintain or raise environmental protection standards after Brexit; and
- identify partnerships to safeguard environmental interests in relevant debates.
An initial presentation highlighted the following risks arising from Brexit for the environment in Scotland:
- Loss of scrutiny & enforcement powers associated with operation of EU law and institutions;
- Loss of long-term environmental policy horizon and transparency provided by EU law;
- Restriction/loss of access to EU funds and cooperation programmes;
- Repositioning of the UK in international & regional environmental governance;
- Scotland’s lack of international legal capacity as a limit to engaging in international cooperation on environmental matters.
The presentation also highlighted the following opportunities arising from Brexit for the environment in Scotland:
- pursuing EU-like standards of environmental protection to continue to build upon EU-level guidance & resource pooling;
- pursuing higher environmental protection standards than the EU (eg ecosystem services and ecosystem restoration);
- prioritizing implementation of international obligations related to the ecosystem approach, the SDGs and human rights;
- strengthening public access to environmental information, decision-making and justice in environmental matters, to compensate via private enforcement for the loss of oversight and enforcement from the EU level.
Identifying Key Messages and Research Needs
Centred around a number of research questions, the roundtable allowed for the drawing of the following conclusions and the identification of topics with potential for further research:
1. How can Scotland exercise international leadership in environmental regulation after Brexit? (Eg: which areas of environmental regulation? in which European and/or international frameworks and networks? on what terms?)
- The following areas are significant for Scottish leadership in environmental regulation: renewables, water management, food systems, access to justice in environmental matters, marine spatial planning. But it is necessary to distinguish which are ‘actual’ and which are ‘potential’ areas for Scottish leadership.
- Potential for further research to identify EU and international frameworks where to showcase and further develop Scottish leadership.
2. On which key aspects of environmental regulation should Scotland seek cooperative agreements with other countries? (any successful examples of cross-border environmental cooperation beyond the EU?)
- Where there is (political) will, there is a way. But soft powers will need to be backed up by hard responsibilities and securely devolved competences.
- Potential for further research to identify factors that contributed to success stories abroad (as successful experiences can’t simply be transposed in the Scottish context).
3. Which risks may arise for Scotland's environment from: 1) future policy divergence with other parts of the UK and 2) future trade agreements?
- Technical questions regarding who (Scotland/UK) will be competent with regard to the trade-environment nexus deserve careful (but not exclusive) attention.
- Potential for further research to identify the values that lie behind certain areas of regulation (e.g. free trade) to refocus the debate beyond the technicalities.
SCELG looks forward to staying in touch with the workshop participants and will be pleased to facilitate networking among them. Please contact scelg.support@strath.ac.uk in this connection.
A background note on SCELG’s work on Brexit
SCELG seeks to work together with partners and colleagues to ensure that Brexit does not undermine the legal foundations for environmental protection and sustainable development. It also seeks to explore the opportunities to further develop environmental protection in light of Brexit in Scotland and the UK. Various publications by SCELG Members seek to contribute to these objectives.
Several SCELG members are part of the Scottish Universities Lawyers Network on Europe (SULNE). They also contributed to SULNE’s summary report on the implications of Brexit for environmental law in Scotland, edited by A. Cardesa-Salzmann and A. Savaresi.
