Environmental Impact Assessment and Strategic Environmental Assessment in the UK after leaving the European Union

The United Kingdom has voted to leave the European Union and, until the terms of the ‘Brexit’ are negotiated, this has led to considerable uncertainty over the future practice of Environmental Impact Assessment (EIA) and Strategic Environmental Assessment (SEA) in the UK. Here we show that multiple obligations exist outside the scope of the EU which mean that EIA and SEA will continue to be required in the long-term, but that their future compliance with the Directives remains unclear. We consider three scenarios for Brexit and present the implications of each; these are: signing up to the European Economic Area (EEA) Agreement; membership of the European Free Trade Association (EFTA), but not EEA, or negotiate a separate agreement. The implications of no longer being subjected to the obligations of the Directives under some scenarios are discussed and include opening the door for increasing diversity of application across the regions of the UK, and the probability of raised screening thresholds so as to reduce the burden of assessment on developers.