News
Environmental groups launch court challenge to Brexit regulation over wildlife risk
Two environmental groups have launched a High Court challenge to the UK government’s Brexit laws, over sweeping new powers that may weaken protection for seas and wildlife in the UK.
ClientEarth and the Marine Conservation Society, working with lawyers at Leigh Day Solicitors, are challenging a decision of the UK Government made under the EU Withdrawal Act, which they say is an unlawful misuse of Brexit powers.
The measures which the government has introduced, behind the scenes, put seals, otters, dolphins and seabirds and many other vulnerable animals, plants and precious sites around the UK, at risk.
The legal challenge focuses on new powers that will allow ministers to alter and reduce standards for protected sites – which will fundamentally change how the law operates in the UK.
If the change was allowed to happen, the groups argue, it would be a total breach of the UK government’s promises of a “green Brexit” and repeated assurances that only technical changes would be made to modify our laws under the Act.
ClientEarth UK law and policy advisor Dr Tom West said: “The UK government has repeatedly promised that the environment would be safeguarded after Brexit. So, it is extremely concerning that the government has quietly and unlawfully introduced sweeping new powers behind the scenes that weaken environmental protection.
“Quite rightly the public has been concerned by the use of so-called Henry VIII powers that give too much discretion to ministers to make new laws, with little scrutiny from parliament, the public or civil society.”
Marine Conservation Society CEO Sandy Luk said: “Whatever you think of Brexit, the government must keep its promise to the UK public that its seas, countryside and wildlife will not be worse off if EU protections are no longer in place.
“The management of marine protected areas is not strong enough under current legislation and allowing these changes will mean weaker protections for vulnerable species and habitats. We could even see the possibility of protected areas being abolished after Brexit.
“We cannot allow hard-won ocean protections, which will safeguard future generations and marine wildlife such as treasured dolphins and seabirds, to be lost or watered down.”
Specifically, the charities are challenging the Department for Environment, Food & Rural Affairs (Defra) over parts of a statutory instrument, made under the European Union (Withdrawal) Act of 2018, which change the existing regulation of habitat and species conservation.
Defra’s changes include potential alterations to the obligation to manage recognised conservation sites, and potential limits to the types of areas set aside to protect marine animals that range over wide areas.
Defra has created 122 statutory instruments under the Act, which will replace EU laws after Brexit, and more than 500 have been submitted by other government departments.
Dr West added: “This legal challenge focuses on the unlawful nature of just one of the hundreds of pieces of legislation that government departments have quietly been rewriting with little or no scrutiny.”
“We fear that without improved scrutiny, we will continue to see the government using its powers in this way.”
For more information about the work of the Marine Conservation Society visit their website by clicking here.
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Renowned anti-whaling activist Paul Watson has been released from custody in Greenland after spending five months in detention. Denmark’s Justice Ministry rejected Japan’s request for his extradition, citing insufficient guarantees that his time already served in custody would be credited against any potential sentence.
The 74-year-old Canadian-American was arrested on July 21 in Nuuk, Greenland’s capital, when his ship docked to refuel. His arrest was based on a 2012 Japanese warrant related to a 2010 encounter in Antarctic waters. Japan alleged Watson obstructed operations and caused damage to a whaling research ship during efforts to disrupt illegal whaling. Watson has consistently denied these claims, maintaining his commitment to marine conservation.
Denmark, which oversees extradition matters for Greenland, concluded that while the legal conditions for extradition were met, the lack of assurances from Japan regarding time-served credit made extradition untenable.
In a video shared by his foundation, Watson expressed gratitude and relief, saying, “After five months, it’s good to be out… and good to know they’re not sending me to Japan.” He added that the most difficult part of his time in custody was being separated from his two young sons.
Watson is a pioneering figure in marine conservation, known for founding the Captain Paul Watson Foundation in 2022 after decades of activism with the Sea Shepherd Conservation Society. His bold efforts to defend marine life have earned him widespread support, including from celebrities and conservationists. His work has also been featured in the acclaimed reality TV series Whale Wars.
Watson’s lawyer, Jonas Christoffersen, praised the decision, stating, “We are happy and relieved that Paul Watson is now free.” He added that Watson is eager to reunite with his family and continue his vital work.
The arrest occurred while Watson’s vessel, the M/Y John Paul DeJoria, was en route to the North Pacific with a team of 26 volunteers to intercept a Japanese whaling ship. His foundation described the arrest as politically motivated and emphasized that Watson’s actions were focused on ending illegal whaling practices.
Japan resumed commercial whaling in 2019 after leaving the International Whaling Commission, asserting that whale meat is a cultural tradition. Conservationists, however, continue to challenge these practices, highlighting their impact on marine ecosystems.
Despite the challenges, Watson remains steadfast in his mission to protect marine life and bring attention to whaling practices. His dedication to ocean conservation has made him a globally respected advocate for the environment.
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