Marine environmental law update | January 2025

January has brought several significant developments in UK marine environmental law, spanning fisheries, energy, biodiversity and socio-economics.

This year promises to be pivotal for marine environmental law, and Freeths Environmental Law Team will be tracking these updates and sharing them regularly. 

Ten key updates from January 2025 include:

1. The Office for Environmental Protection Investigation into Good Environmental Status
   
   On 8 January, the OEP announced that it was launching an investigation into a suspected failure by Defra to take the necessary measures to achieve Good Environmental Status (GES) of marine waters by the statutory deadline of 31 December 2020, as mandated by regulation 4(1) of the Marine Strategy Regulations 2010.  Additionally, Defra did not provide an updated report on the UK Marine Strategy by 20 December 2024, nor did it issue a formal assessment confirming whether the 2020 deadline was met. The OEP’s investigation, conducted under section 33(2) of the Environment Act 2021, seeks to ensure accountability for the suspected failure and, if confirmed, secure a comprehensive plan to achieve GES as soon as possible. 
   
   OEP launches investigation into a suspected failure by Defra to take the necessary measures to achieve Good Environmental Status (GES) of marine waters | Office for Environmental Protection
   
   
2. The Ocean enters the boardroom at the Scottish Association for Marine Science
   
   The Scottish Association for Marine Science (SAMS), a 140-year-old marine research charity based near Oban, has committed to appoint ‘The Ocean’ as a trustee on its board. This innovative move aims to directly represent the ocean’s interests in the organisation’s governance, challenging traditional models and emphasising the importance of the marine environment in decision-making processes. 
   
   News - The Ocean enters the boardroom — The Scottish Association for Marine Science
   
   
3. Governing the Marine Environment Inquiry
   
   The Environmental Audit Committee inquiry titled ‘Governing the Marine Environment’ sought submissions focussing on the UK’s adherence to international marine treaties and the effectiveness of its marine planning and protection strategies. Key areas of interest included the adequacy of the Government’s strategy in meeting environmental obligations, the implementation of marine protection commitments in UK law, and the effectiveness of the UK’s marine spatial planning in addressing existing environmental pressures. The committee invited evidence on these topics to assess and enhance the UK’s marine governance framework. This call for evidence closed on 17 January. 
   
   Call for Evidence - Committees - UK Parliament
   
   
4. Defra issues Guidance on Reducing Marine Noise
   
   On 21 January, Defra published new guidance aimed at mitigating the impacts of underwater noise generated by activities such as offshore wind farm construction. Recognising the potential harm to marine life, particularly from piling during turbine and substation installations, the guidance outlines steps to manage and reduce noise pollution.  The initiative aligns with the UK’s policy commitments to protect marine ecosystems amidst the expansion of offshore renewable energy projects. 
   
   Reducing marine noise - GOV.UK
   
   
5. Marine Strategy Part Three: 2025 UK Programme of Measures
   
   On 29 January, Defra published an updated strategy outlining the measures to achieve GES in UK seas. Several of the measures referred to are still in the process of being development, and where there are uncertainties or knowledge gaps, the strategy sets out plans to address these. 
   
   Marine strategy part three: 2025 UK programme of measures - GOV.UK
   
   
6. Sandeels Arbitration
   
   In March 2024, the UK and Scottish Governments closed sandeel fisheries in their waters to bolster marine ecosystems, citing the fish’s importance to seabirds like puffins. The EU, particularly Denmark, which previously held nearly 97% of the sandeel quota in UK waters, contends this ban breaches the UK-EU Trade and Cooperation Agreement (TCA), alleging it is discriminatory and lacks a scientific basis.  The dispute escalated to an arbitration hearing in The Hague from 28 to 30 January, marking the first TCA- related arbitration between the UK and EU.
   
   The UK-EU dispute over sandeels
   
   
7. UK Government releases interim guidance on Marine Recovery Fund
   
   On 29 January, the UK Government issued interim guidance for the Marine Recovery Fund (MRF), a mechanism designed to support strategic compensation measures for offshore wind activities that impact marine habitats. The guidance provides information on ornithological and benthic compensation measures available in the Library of Strategic Compensation Measures.  It serves as a resource for offshore wind developers to reference appropriate compensatory strategies prior to the MRF becoming fully operational. 
   
   Strategic compensation measures for offshore wind activities: Marine Recovery Fund interim guidance - GOV.UK
   
   
8. Permission for new North Sea oil fields quashed
   
   https://cornerstonebarristers.com/permission-for-new-north-sea-oilfields-quashed-in-another-interesting-analysis-of-remedy/
   
   On January 30, 2025, the Court of Session in Scotland nullified the UK Government and North Sea Transition Authority's consents for the Rosebank and Jackdaw oil and gas fields. The court determined that the Environmental Impact Assessments (EIAs) for these projects were inadequate, as they failed to account for the climate effects of burning the extracted fossil fuels, aligning with the Supreme Court's Finch judgment. Consequently, the consents were quashed, requiring the authorities to reassess the projects with comprehensive EIAs that consider downstream emissions. This ruling underscores the necessity of evaluating the full environmental impact of fossil fuel developments.
   
   Permission for New North Sea Oilfields Quashed in Another Interesting Analysis of Remedy | Cornerstone Barristers
   
   
9. Consultation on the Scottish Government National Marine Plan 2
   
   Scotland adopted its first National Marine Plan in 2015 to help manage the use of Scotland’s seas in a sustainable way. In 2022 work began to create an updated national marine plan, to better reflect how the sea is currently being used, and to plan for its continued and sustainable future use.  The consultation closed on 7 February.
   
   National Marine Plan 2 Planning Position Statement - Scottish Government consultations - Citizen Space
   
   
10. Coastal Futures Conference 2025
    
    Finally, January ended with the annual Coastal Futures Conference, which took place at the Royal Geographical Society in London, which Freeths attended The theme of this years conference was ‘The Path to 2030’, with topics discussing land-sea interactions, renewable energy, sustainable seas, ocean stewardship, the future of fisheries and nature restoration. The opening key note speech was delivered by Emma Hardy, Minister for Water and Flooding, who discussed the UK’s commitment to becoming a clean energy superpower by 2030.   The full speech released after the conference can be read here -
    
    Written statements - Written questions, answers and statements - UK Parliament