This briefing is part of a series of stocktakes from Green Alliance’s Legislation and Governance Unit on the state of UK environmental law five years after Brexit. In it, we focus on the UK Internal Market Act 2020, which has restricted governments from introducing innovative environmental regulation in recent years.

Before Brexit, the UK and devolved governments were aligned via EU standards, with some scope to go beyond these. However, the UK Internal Market Act has limited the ability of devolved governments to introduce ambitious policies, such as Scotland’s proposed deposit return scheme, which was blocked by the UK government.

The briefing examines the legal and procedural barriers to environmental innovation. While a mechanism to agree policy exclusions was established in 2021, the process remains unclear.

With the UK government currently reviewing the act, this briefing highlights the importance of a more flexible approach that enables devolved governments to introduce proportionate measures that protect the environment. Strengthening the process for policy exemptions could also help unlock opportunities for innovative environmental action across the UK.