The involvement of newly devolved administrations in the process of transposing, repealing and amending EU legislation into domestic law post-Brexit is yet another challenge.

Whilst at first it is likely that the vast quantity of EU law will be retained, over time differentiation between devolved administrations may occur; especially where administrations adopt more ambitious agendas or perhaps support a more market-driven approach.

Even prior to Brexit nations have shown divergent views on environmental matters. While England is dominated by a strong deregulatory tone, particular focus has been placed on renewable energy in Scotland and Northern Ireland, whilst Wales has strongly prioritised the principle of sustainable development. With the potential loss of the powerful regulatory tone of the EU, devolved administrations may be able to exploit their new-found freedom to match their own political agendas and environmental priorities.

Devolution may therefore significantly impact areas of transnational concern; this is primarily because these areas require a great ddeal of cooperation as responsibilities are largely shared between nationsas. Thus, where there is transnational concern – for example, in the field of biodiversity – great impact could be had. For example, b Both the UK and EU share competences for conservation and, whilst England and Wales both establish sites of special scientific interest, the EU adds a further layer of protection by identifying special protection areas (SPA’s) for migratory birds and special areas of conservation (SPC’s) for habitats other than for wild birds. Determining a site as a SPA or SPC results in further constraints through the requirement that, prior to any development, there must be an environmental impact assessment. However, by Brexit removing this layer of safeguarding, independent nations will be able to subjectively determine which sites are of particular interest for conservation, potentially risking the endangerment of a number of sites previously recognised as a SPC or SPA.
Furthermore, devolution also presents Britain with the critical issue of capacity. Whilst each nation may in fact have authority to manage their own environmental matters, the capacity of each nation alone to develop independent policy and law in all matters of environmental protection lacks in terms of scientific expertise and civil service resources. Currently, the EU actively promotes and facilitates cooperation between nations on environmental research and development. Access to the EU’s funding and dynamic web of research undoubtedly supports the advancement of environmental law in the UK; without this, Britain could potentially fall behind. Therefore, upon negotiating the terms for withdrawal from the EU, it is vital that the UK prioritises active participation in both the Horizon 202