Scotland after Brexit: Environmental Law

Environmental law is a founding competence of the Scottish Parliament. It is also an area of extensive EU competence as a flanking policy of the single market and in response to developments in international law. Setting a Scottish specific approach to the repatriation of environmental competence from the EU will be a key area of policy development during and after the Brexit negotiations. As such it will be a key shaper of the overall approach Scotland takes to determining its post Brexit future. This blog looks at the key issues involved, including whether there will be opportunities to extend Scottish powers with regard to those held at UK level. It also looks at ways in which Scotland can keep in line with EU environmental policy and practice, for example if it decides to pursue constitutional change to allow a closer relationship with the EU than the UK seems ready to develop.