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CIEL argues that the Escazú Agreement is compatible with the Colombian Constitution, specifically regarding sustainable development and the right to a healthy environment. The document asserts that the Agreement provides legal certainty for sustainable investments, protects vulnerable groups and environmental defenders, and offers essential procedural tools to address the 'triple planetary crisis' of climate change, pollution, and biodiversity loss in Latin America and the Caribbean.

Natural Justice argues that nuclear energy is an economically unviable and environmentally dangerous alternative to renewable energy in South Africa. The commentary contends that the National Nuclear Regulator Amendment Bill encourages investment in a sector characterized by high costs, long lead times, and significant waste management risks. It specifically criticizes the extensive powers granted to the Minister of Mineral Resources and Energy, citing the Department's poor track record in rehabilitating abandoned mines as evidence that it cannot be trusted to manage nuclear decommissioning and waste. The authors advocate for decentralized renewable energy solutions, such as solar and wind, to address load shedding and rural energy access.

The briefing advocates for four key minimum guarantees to make the IED compensation right effective: support for collective actions to represent vulnerable individuals, accountability for authorities when their breaches cause individual damage, court-led disclosure tools to address information asymmetry, and the use of rebuttable presumptions to balance evidence requirements. It also rejects any limitations on the use of scientific data as evidence in court.

The document details the management cycles and legal deadlines of the Water Framework Directive (WFD), emphasizing the obligation to achieve 'good status' for water bodies and the strict conditions under which deadlines may be extended. It highlights that while the primary deadline for good status was 22 December 2015, extensions for technical feasibility or disproportionate costs are limited until 2027, after which only 'natural conditions' can justify further delays. The paper also addresses the immediate requirement to prevent water deterioration and the inferred deadline of 18 December 2028 for phasing out priority hazardous substances. A case study on mercury pollution in North Rhine-Westphalia illustrates the legal consequences of failing to implement necessary measures to meet these standards.

The document analyzes the role of access to justice within the proposed Directive on Soil Monitoring and Resilience (Soil Monitoring Law). It argues that Article 22 is essential for holding public authorities accountable and ensuring compliance with the Aarhus Convention. The briefing recommends explicitly including human health organizations and prohibiting restrictive procedural standing rules to prevent obstacles to legal recourse.

The report examines the role of tax incentives in attracting investment, arguing that their effectiveness is often overstated and that the introduction of a 15% global minimum tax in January 2024 renders many profit-based incentives obsolete. It distinguishes between profit-based and cost-based incentives, noting that the latter are more efficient and less susceptible to the global minimum tax. The document advises governments in developing countries to shift focus toward non-fiscal investment facilitation, such as infrastructure and human capital, and to ensure that any remaining incentives are transparent, evidence-based, and linked to sustainable development goals.

The report details the corporate restructuring of Corizon Health into two entities, YesCare and Corizon (later Tehum Care Services), in May 2022. This 'Texas two-step' maneuver allocated the majority of legal liabilities and service provider contracts to the original Corizon entity while transferring cash, employees, and active client contracts to YesCare. In February 2023, Corizon filed for bankruptcy, pausing numerous lawsuits alleging medical malpractice and wrongful death. The report argues that this process allows the private equity-owned company to evade up to $50 million in liabilities and avoid reputational damage while continuing operations under the YesCare brand.

The document examines the precarious situation at the Zaporizhzhia Nuclear Power Plant (ZNPP) in Ukraine, highlighting risks such as loss of offsite power and cooling water. It analyzes the existing legal protections provided by customary international law, the Geneva Conventions, and the Pelindaba Treaty, arguing that while legal norms exist, they are often undermined by political considerations and a lack of enforcement. The author concludes that strengthening existing frameworks and accountability is more critical than creating new conventions.

The document argues that the EU failed its 2020 legal deadline to end overfishing and continues to set Total Allowable Catches (TACs) above scientific advice. The NGOs recommend setting 2024 TACs well below the maximum catch levels advised by the International Council for the Exploration of the Sea (ICES) to build ecosystem resilience against climate change. Key proposals include the mandatory roll-out of remote electronic monitoring (REM), the application of an ecosystem-based approach for forage fish, and the reinstatement of TACs for stocks where limits were previously removed. The report also emphasizes the need for stricter management of deep-sea stocks and the recovery of critically endangered species like the European eel.

The briefing proposes that the European Union leverage its position as a major oil and gas importer to drive global methane reductions by implementing a methane import standard. It suggests a combination of a 'prescriptive standard,' which mandates specific technologies and practices like Leak Detection and Repair (LDAR), and an 'intensity standard,' which sets a maximum limit on emissions per unit of gas produced. The document asserts that there are no 'insuperable legal obstacles' to these standards and suggests that fees from non-compliance could fund methane mitigation in lower-income countries. It highlights that such a move would align with the European Parliament's position and complement voluntary initiatives like CLEAN.

The document examines the role of fiscal incentives in driving plastic production and proposes that the future plastics treaty adopt the World Trade Organization's (WTO) Agreement on Subsidies and Countervailing Measures (SCM Agreement) definition of subsidies to ensure legal coherence and workability. It distinguishes between direct subsidies (e.g., grants for plants) and indirect subsidies (e.g., cheap fossil fuel feedstocks), recommending a form-based prohibition for the former and an effects-based prohibition for the latter. The brief emphasizes the need for transparency, binding elimination targets, and special and differential treatment for developing countries to facilitate a just transition.

ClientEarth urges the FCA to implement mandatory sustainability disclosures at the point of listing, aligned with TCFD and ISSB standards, to correct information asymmetry and protect investors from climate-related financial risks. The document specifically advocates for a new 'atmospheric viability' test for fossil fuel companies' reserves in Competent Person's Reports to address stranded asset risks. Additionally, it recommends extending these requirements to the debt market and introducing stricter, contractually binding disclosures for labelled bonds to prevent greenwashing and mispricing of climate risk.

ClientEarth and 47 experts urge the UK government to remove specific air quality regulations from the 'kill list' of the Retained EU Law (REUL) Act 2023. These regulations mandate the creation, implementation, and public consultation of the National Air Pollution Control Programme (NAPCP), which is the primary tool for meeting legally binding emission reduction commitments (ERCs) for five major pollutants. The briefing contends that the Environmental Improvement Plan for England does not provide a sufficient legal substitute, and that revoking these laws would undermine transparency and the UK's ability to address failing emission targets for pollutants like PM2.5.

The report identifies and analyzes six core principles of international law—sovereignty, prevention, cooperation, non-discrimination, sustainable development/equity/CBDR-RC, and transparency/consultation—as a framework for designing trade-related climate measures. It argues that such measures are 'legal hybrids' drawing from trade, environment, and human rights law. The expert group emphasizes that these principles should be applied cumulatively and coherently to ensure a just global green transition, particularly by accounting for the different national circumstances of developing countries.

The document analyzes the legal and practical consequences of Minister Luiz Fux's vote in the STF, which proposes replacing the 'biome' criterion with a stricter 'ecological identity' requirement for all Legal Reserve compensation mechanisms. The authors argue that applying this criterion retroactively, without modulating effects, creates significant legal insecurity for landowners and government agencies, potentially delaying the overall implementation of the Forest Code.

The Clean Air Task Force (CATF) supports the BLM's proposed Conservation and Landscape Health rule, arguing that conservation leases are a valid tool for implementing the Federal Land Policy and Management Act (FLPMA) mandates. CATF recommends that the rule be structured to avoid hindering the buildout of electric transmission and renewable energy, specifically suggesting a two-mile buffer around energy corridors where leases are restricted to permittees. The document also advocates for integrating carbon sequestration and climate resilience into the 'fundamentals of land health' and strongly advises against allowing conservation leases to generate marketable carbon offset credits due to a lack of permanence in the proposed 10-year lease terms.

The report highlights that the EU relies heavily on imports of common octopus from Morocco, with significant quantities originating from the waters off Dakhla in Western Sahara. It argues that this trade poses legal, financial, and reputational risks for European companies and investors because the exploitation of these resources occurs without the consent of the Saharawi people, violating international law and the right to self-determination. The document notes that the General Court of the European Union annulled trade decisions covering Moroccan fishery products due to this lack of consent, though a final judgment from the European Court of Justice is pending.

The report examines the evolution of national investment laws, identifying seven primary functions they serve and offering a strategic framework for policymakers to redesign these laws based on their specific national contexts and sustainable development objectives.

The Biden administration is working to restore endangered species regulations under the Endangered Species Act (ESA) that were weakened during the Trump administration. While some steps have been taken, Earthjustice and other conservation groups argue that the proposed revisions still leave harmful regulations in place and that the law must be both fully restored and strengthened to address the biodiversity crisis.

The Constitutional Court of South Africa ruled that Parliament failed its constitutional obligation to facilitate public involvement regarding material amendments to the National Environmental Management Laws Amendment Act 2 of 2022. Specifically, the court found that the expanded definitions of "waste", "commercial value", and "trade in", as well as a transitional provision, were introduced without sufficient public consultation. The court declared these provisions invalid and unconstitutional, noting that the expanded definition of "waste" could have severe impacts on the steel and fertilizer industries by including by-products and co-products as waste, potentially leading to criminal penalties including fines up to R10 million or 10 years imprisonment.