2022: Policy delivery or policy delay?

The environmental governance regime set out under the Environment Act 2021 has begun to come alive over the course of the year. The Office for Environmental Protection (OEP) is operational and vocal, having consulted on its Strategy earlier in the year. Environmental targets were also under consultation this year, as was the Nature Recovery Green Paper and the Government's approach to net zero. Actions following those consultations have varied in their extent, but there is some evidence to suggest that the massive potential of the Environment Act may soon begin to be realised.

Meanwhile, global efforts towards a science-policy panel addressing chemicals, waste, and pollution were successful this year, potentially paving the way for a third pillar of environmental science on the global stage, alongside the IPCC and IPBES.

However, it is not possible to place enough emphasis on the extent of delay in environmental policy progress over the course of 2022:

• Changes to planning processes and Environmental Impact Assessments, proposed in spring, are still subject to uncertainty and ambiguity.
• In May, the Government's consultation on environmental targets closed, and it was due to consider responses (such as those from the IES and the IAQM) such that the final targets could be set in law by the end of October 2022. Now, in December, the targets are still not public.
• Back in September, the Truss administration set out its goals for environmental deregulation, from which the new Prime Minister Rishi Sunak was quick to distance himself. Two months later, the exchange has left the future of the environment uncertain, as questions remain on the Government's commitment to Environmental Land Management Schemes, environmental regulations retained in EU law, and other crucial areas of governance.

Looking forward to 2023, the year has the potential for opportunity and risk in equal measure. Major policy milestones such as the refresh of the Environmental Improvement Plan have the potential to make a significant step towards increased environmental governance, whereas rash policy decisions such as the Retained EU Law Bill could lead to widespread environmental deregulation and significant unintended consequences. The challenge of the year to come will be to manage those risks and seize the best of each opportunity.

The year has seen some positive progress on climate change, even if not enough to meet the scale of the challenge ahead. The DfE's Sustainability and Climate Change Strategy was published at the start of the year, followed by a legal exchange that has eventually led to the Government's agreement to provide greater clarity on how its Net Zero Strategy will be implemented.

With the support of new IPCC reports (soon to be followed by the final report of the sixth assessment cycle), there has been some progress on the global stage. While COP27 may not have delivered on climate mitigation, there has been some progress on adaptation and loss & damage which may facilitate further action in 2023.

Read our full coverage of COP27 for more information.

One of 2022's key milestones on air quality was the publication of draft targets on PM2.5 exposure and concentration. Legally-binding targets on the pollutant are essential for addressing the long-term strategic approach to monitoring and controlling some of the most important pollutants from a health and environmental perspective, so the proposed framework requires a high degree of scrutiny and an appropriate level of ambition. The final targets are not yet public, so questions remain on whether or not the Government's approach will be sufficient.

Read the IAQM's response on the targets consultation for more information. 

As we reach the end of 2022, air quality has returned to the spotlight as 'Ella's Law' continues its passage through Parliament. The proposed Clean Air Bill would significantly influence the governance of air pollution while also affecting the rights of those who suffer as a result of poor air quality. As the Bill enters the House of Commons, questions remain on the Government's response to the Bill, as parliamentary support may require a degree of concessions as both sides seek to address air quality in different ways.

While work to address ambient air quality continues, crucial considerations of indoor air cannot be forgotten. Following the publication of its recent Guidance on Indoor Air, the IAQM will continue to support effective policy and professional action on indoor air.

For water, 2022 has seen an ongoing focus on challenges for storm overflows and wastewater discharge. Compliance issues which were initially highlighted late in 2021 have continued to catch media and policy attention throughout 2022, exacerbated by challenges for regulation and enforcement across public bodies. The Government's policy paper on the Storm Overflows Discharge Reduction Plan sets new targets to support widespread action, though its approach to the issue of water quality remains the subject of criticism.

Climate adaptation has also been in the spotlight in 2022, with significant ramifications for the water industry in terms of both water scarcity and water-related risks such as flooding. More funding is beginning to become available for global adaptation, but not sufficiently to meet the scale of challenge expected. In 2021, the industry made some movement towards addressing water efficiency with commitments to reduce leakage and consumption, though 2022 did not see an increase in that level of ambition. The proposed environmental target on water demand does not significantly go beyond existing commitments, though the final target framework still has the potential to drive further action.

One reason to stay positive about the future of water is the ongoing commitment of water professionals to find solutions by working together. This year, the IES became the inheritor organisation for the Foundation for Water Research, signalling a significant step towards a joined-up approach between water research and the environmental sciences. Work has begun to continue that legacy, which offers the potential of a science-led solution to the challenges facing water quality and water security.

Nature's year in 2022 started with early optimism of the potential for widespread changes: the Nature Recovery Green Paper was subject to consultation with the potential to significantly affect the approach to nature in England if it was able to effectively incorporate scientific and environmental insights. The Government also signalled its intention to follow the National Food Strategy's recommendation for a Land Use Framework, taking a significant step towards a linked-up approach to agriculture, planning, protected areas, and other forms of land use.

Despite that, the middle of the year saw a lag back into uncertainty and lethargy:

• Proposals for Environmental Outcomes Reports as a replacement for Environmental Impact Assessments and Strategic Environmental Assessments made it unclear what environmental considerations would be assessed going forwards and when assessments would apply. The Levelling-Up & Regeneration Bill which contained the proposals has not yet progressed far enough through Parliament to give us a definitive answer to either question, and two Prime Ministers later, the original intentions of the reform are still not clear.
• The suggestion of a review of Environmental Land Management Schemes (ELMS) left their future uncertain this year. Though the new Prime Minister did indicate that he believes farming and the environment should go hand-in-hand, the exact ramifications for the future of farming and ELMS in particular are still unclear. Welsh legislation on agriculture has now made its way to the Senedd, offering greater clarity on the future of farming in Wales, so it will be important to continue scrutiny as the proposals become law in 2023.

As 2022 comes to an end, early optimism may be back on the table: negotiations in COP15 have only just begun, but have the potential to revitalise global efforts to fight biodiversity loss with a post-2020 framework for action. In Parliament, the Ecology Bill (formerly Climate & Ecology Bill) is bringing conversations about the importance of addressing the ecological emergency to the attention of legislators. Though much remains to be seen about the impact of either, nature certainly has significant opportunities for policy action going into 2023.