Environmental Law Update | October 2026

As Parliament returns from its summer recess with a new Prime Minister in office, Jamie Kunz (Legal Assistant) highlights six environmental themes to watch over the remainder of 2026.

Environmental Delivery Plans move from theory to practice

One of the most significant developments is the transition of EDPs from legislative concept to practical implementation. As we discussed in our July and September updates, the legislative framework for EDPs and the NRF is now in place, while the revised National Planning Policy Framework (NPPF) has further embedded the role of EDPs within the planning system. The new regime will be closely scrutinised by developers and environmental groups alike, as it is intended to streamline consent processes while maintaining environmental protection standards.

As the Norfolk draft EDP consultation and the new Regulations and guidance discussed by Abi and Katie in their articles demonstrate, the first practical details of the regime are now emerging. These early insights will be important in showing how the overall improvement test, levy arrangements and conservation delivery mechanisms work in practice.

Freeths will continue to monitor the consultation and the development of further EDPs.

Biodiversity Net Gain arrives for Nationally Significant Infrastructure Projects

Biodiversity Net Gain (BNG) is due to become mandatory for NSIPs from 2 November 2026. Recent months (see our May, July and September updates) have seen publication of biodiversity gain statements for key infrastructure sectors and updated guidance on the treatment of irreplaceable habitat within the NSIP regime. Developers, promoters and environmental practitioners alike will be watching closely to see how the regime operates in practice.

Water sector reform continues to gather momentum

As noted in our June update, the Government announced a new Clean Water Bill as part of the 2026 King’s Speech. Notable reforms include a proposed “super regulator”, replacing the Water Services Regulation Authority (Ofwat) and incorporating the water functions of the EA, Natural England, and the Drinking Water Inspectorate (DWI), together with new legislative tools to deliver cleaner rivers, lakes and seas. The bill is also expected to establish nine regional water authorities, which would be responsible for setting objectives for water companies and holding them to account. The proposal reflects a recommendation made by the Independent Water Commission and has attracted renewed attention following the appointment of Andy Burnham as Prime Minister, given his support for greater public control of water companies. It remains to be seen whether further detail, including the long-awaited Water Reform Transition Plan, will be published alongside the bill.

Digital Waste Tracking enters its implementation phase

The waste sector is preparing for a fundamental shift in how waste movements are recorded and monitored. As highlighted in our August and September updates, Digital Waste Tracking will begin to apply to waste receiving sites from 1 October 2026, while the EA is currently consulting on the enforcement framework that will support the regime. The coming months should provide a clearer picture of how businesses will adapt to a fully digital tracking environment and what practical challenges may arise during implementation.

UK REACH reform and PFAS regulation remain under scrutiny

The regulation of per- and polyfluoroalkyl substances (PFAS) continues to evolve rapidly. Our August update highlighted the Government's response to the Environmental Audit Committee's report on PFAS and signalled that future UK REACH reforms may align closely with developments in the European Union. With further milestones anticipated under the Government's PFAS Action Plan, and growing attention on PFAS within the water sector, the remainder of 2026 is likely to be important in shaping the future direction of UK chemicals regulation.

Action on deforestation-linked supply chains

Finally, businesses involved in internationally traded commodities will be watching for long-awaited progress on the deforestation due diligence provisions contained in the Environment Act 2021 at section 116 and schedule 17. As noted in our July update, the Government has indicated that it intends to introduce new requirements targeting commodities linked to illegal deforestation, with a consultation expected to follow. The proposals are likely to be of particular interest given the approaching implementation of the EU Deforestation Regulation in Northern Ireland and the wider debate around regulatory alignment following Brexit. The relevant provisions of the Environment Act 2021 are currently only partially in force, for the limited purpose of enabling the making of secondary legislation that will contain the detail of the due diligence requirements.