A New Nature and Environment Commission

The report proposes a UK-wide Nature and Environment Commission to replace the oversight and enforcement functions previously provided by EU institutions. It argues that environmental law is often ineffective due to poor compliance by public authorities and a lack of a dedicated enforcer. The proposed Commission would combine technical expertise with strong legal powers, including the ability to conduct thematic inquiries, issue binding notices, and seek specific mandatory injunctions from courts. To ensure independence, the report recommends that the Commission be funded by and accountable to parliaments rather than governments, and be composed of an interdisciplinary team of experts. It also emphasizes the need for the Commission to act as a voice for nature and local communities through a transparent complaints process and public advocacy.

• Brexit creates a 'governance gap' in the UK because EU institutions previously performed essential roles in supervising the implementation of environmental law and initiating proceedings against non-compliant member states.
• The proposed Nature and Environment Commission should have a broad statutory purpose to act on behalf of nature and ecosystems, acknowledging that humans are part of these systems.
• To address systemic failures, the Commission should conduct thematic inquiries and produce guidance that public authorities are generally required to follow, or provide reasons for not doing so.
• The Commission requires a 'legal toolbox' for specific breaches, including the power to conduct formal investigations, agree on action plans, and issue binding notices to public authorities.
• To ensure legal teeth, the Commission's notices should be enforceable in court, and judges should be empowered to issue specific mandatory injunctions to compel compliance with action plans.
• The Commission should serve as a representative for the 'voiceless' by managing a free, accessible complaints process for citizens and engaging in public forums to advocate for nature's interests.
• The Commission should perform review and evaluation functions, including producing annual Progress Reviews of government performance and 'Prospect Reviews' once per parliamentary cycle to identify future trends in environmental law.
• To maintain operational and political independence, the Commission should be funded by and accountable to parliaments, with key personnel appointed via parliamentary approval rather than by government ministers.
• The institution should be UK-wide and co-owned by the four nations to prevent any single government from weakening it and to address environmental issues that cross political borders.

APA

West, T., & Hill, K. (2018). A New Nature and Environment Commission. ClientEarth. https://www.clientearth.org/media/55hng3ia/a-new-nature-and-environment-commission-ce-en.pdf

Chicago

West, Tom, and Karla Hill. A New Nature and Environment Commission. ClientEarth, 2018. https://www.clientearth.org/media/55hng3ia/a-new-nature-and-environment-commission-ce-en.pdf.

Wikipedia

{{cite report |last1=West |first1=Tom |last2=Hill |first2=Karla |title=A New Nature and Environment Commission |publisher=ClientEarth |date=May 2018 |url=https://www.clientearth.org/media/55hng3ia/a-new-nature-and-environment-commission-ce-en.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{west2018new, author = {West, Tom and Hill, Karla}, title = {{A New Nature and Environment Commission}}, institution = {ClientEarth}, year = {2018}, month = may, url = {https://www.clientearth.org/media/55hng3ia/a-new-nature-and-environment-commission-ce-en.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }