The New Environment Bill: A Green Step in the Right Direction?

The new Environment Bill has been hailed as the single greatest overhaul to environmental protection in 20 years and is on track to set into law several mechanisms to achieve ambitious goals. These goals include steering Britain towards a net zero carbon economy, reducing small particulate matter from emissions, ensuring that polluters’ pay towards  product packaging disposal, and restoring our designated sites and natural habitats under the Net-Gain strategy. To help achieve these goals, the law would see to the implementation of an Office of Environmental Protection (OEP) to ensure that the government is held accountable for meeting any set targets.

However, as with anything that sounds amazing there is a catch. Despite the praise the Bill has received for attempting to enshrine environmental protection and enhancement to the heart of the government’s post Brexit policy, there have been serious concerns as to how effective and accountable the proposed legislation will be in reality.

Firstly, the Environment Bill states that the date for meeting legally binding targets must be set “no less than 15 years after the date on which the target is initially set”.  This means no targets can possibly be achieved before 2037. Secondly, the Government’s directly appointed regulatory body, the Office of Environmental Protection will not be able to fine government for failing to comply with the regulations set out in the law and the body itself could potentially be “muzzled”. These issues have led environmental experts to seriously question the independence of such a government appointed body.

The Bill’s intent to set and meet proposed targets on reducing GHG emissions is directly undermined by ministers’ commitment to expand Heathrow and the incentives for fracking, road building and North Sea oil drilling - at the expense of supporting wind and solar energy farms.  Finally, the Bill introduces a mandatory (but flexible), 10% requirement for biodiversity net gain following development but nationally significant infrastructure and marine projects are exempt from any such legal requirements, regardless of the size, extent and potential impact on the environment...

The many loopholes, exemptions and concerns found throughout the Bill has led some to consider it a “Colander Bill”.  On the road to Royal Assent, amendments will be required to ensure that both commitment and enforcement can meet  the high ambitions.

References
https://www.gov.uk/government/news/landmark-environment-bill-moves-forwards
https://www.independent.co.uk/environment/government-watchdog-office-environment-protection-oep-a9156401.html
https://theecologist.org/2019/oct/21/environment-bill-major-loophole-exposed