Continuity, Convergence and Change in Environmental Law and Governance in Scotland – an Assessment of Recent Developments and Future Directions

Abstract

There was a concern following the 2016 Brexit referendum that environmental standards in the United Kingdom (UK) may be lowered unless action was taken to address gaps in environmental governance that would be caused by leaving the European Union (EU). Debates over the nature of those gaps and how to fill them have continued over the years since the referendum and it is only recently that the emerging picture of post-Brexit environmental governance in Scotland has been revealed, allowing a preliminary study of the future for environmental standards in the jurisdiction. This article aims to provide an overview and analysis of recent legal developments which are likely to influence the future of environmental law in Scotland, including the UK-EU Trade and Cooperation Agreement, the United Kingdom Internal Market Act, the incorporation of environmental principles into Scots law, new powers to align Scottish environmental standards with EU law, and the new institutional framework to oversee compliance with environmental law in Scotland. The article considers the impact that these new arrangements will have on the development of Scottish environmental law and in particular the implications for Scottish institutions in deciding whether to promote ongoing continuity with EU law, promote convergence with other parts of the UK, or strike out on their own path of environmental law reform.