MCS and environmental lawyers, ClientEarth, are challenging an unlawful misuse of Brexit powers, relating to the EU Withdrawal Act.

MCS: ‘The two environmental groups, working with Leigh Day Solicitors, have today launched a High Court challenge to the UK government’s Brexit laws, over sweeping new powers that they say may weaken protection for seas and wildlife in the UK. 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 allow ministers to alter and reduce standards for protected sites – and which will fundamentally change how the law operates in the UK.

ClientEarth and MCS say that by introducing words which weren’t in the original Habitats Regulations, such as “adapting the network”, “proportionate” and “distinct area” with regards to managing the network of Marine Protected Areas (MPAs), gives the government substantial new powers to potentially allow damaging activity within our MPA network. 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.

MCS 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.”

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