Search Climate Insights Directory

The policy brief proposes reforming the EU's REACH regulation to ensure that exceptions for the use of hazardous substances are rare, short-term, and limited to 'essential uses'. It identifies current failures in the burden of proof and information asymmetry between companies and authorities, suggesting a system where the onus is on companies to prove necessity. Proposed measures include a maximum 10-year limit on exceptions, growing fees to incentivise substitution, and a strict 'essential use' criterion based on the Montreal Protocol.

ClientEarth asserts that current REACH enforcement is insufficient and inconsistent across EU Member States, creating an uneven playing field and failing to protect human health and the environment. The document details high non-compliance rates across registration, supply chain, downstream user, restriction, and authorisation obligations. It proposes a comprehensive reform package including a Commission-led EU audit system, the power for ECHA to revoke registration numbers ('no data, no market'), 'name and shame' transparency measures, and turnover-based fines of at least 8% for serious breaches of authorisation and restriction decisions.

The report asserts that access to healthy and sustainable food is a fundamental human right embedded within the right to a healthy environment. It highlights that while food availability in the EU is currently stable, intensive agri-food models, biodiversity loss, and climate change threaten future food security. The authors argue that the EU has a legal responsibility to protect this right through its legislative frameworks, specifically recommending that the proposed Legislative Framework for Sustainable Food Systems (FSFS) adopt a rights-based approach, phase out harmful subsidies, and ensure public procurement of sustainable food.

The CO2 Performance Ladder (CO2PL) is a carbon management system and procurement tool used by over 200 public contracting authorities in the Netherlands and Belgium to reward companies that reduce carbon emissions. It operates as a voluntary award criterion under the EU Procurement Directive, providing bidders with a 'fictitious discount' or bonus points based on their performance level (1 to 5). Compliance is verified by accredited third parties through either organization-wide CO2 Awareness Certificates or project-level statements. To ensure legal compliance with EU law, contracting authorities must accept equivalent means of proof and link the criteria to the subject matter of the contract. Non-compliance after winning a tender typically results in financial penalties exceeding the initial award advantage.

The author distinguishes the 'right to communication' from the 'right to information,' arguing that while the latter focuses on the flow of data, the former emphasizes reciprocal human dialogue, participation, and the collective management of media. The text traces the historical evolution of this concept from the MacBride Report and the work of Jean D’Arcy, positioning it as a tool for social change and the inclusion of marginalized groups. It highlights Latin American experiences with community media and provides a detailed examination of Bolivia's 2009 Constitution and Law 223, which legally guarantee communication rights for the general population, indigenous peoples, and persons with disabilities.

The document outlines a human rights-based framework for the loss and damage fund, emphasizing the need for inclusive public participation, non-discriminatory access to finance, and the use of grants rather than loans to avoid increasing debt in developing nations. It proposes that funding be based on the 'polluter pays' principle and that the fund provide comprehensive reparations, including restitution and compensation, while ensuring strong social and environmental safeguards.

The document details the legal and environmental challenges facing the Bull Mountains Underground Coal Mine in Montana, highlighting a history of corruption, health and safety violations, and water contamination. It criticizes the Office of Surface Mining for failing to properly assess the climate impacts of a proposed 170-million-ton expansion and calls on the Department of the Interior to halt operations and shift focus to mine reclamation.

The document outlines a human rights-based framework for the Loss and Damage Fund, emphasizing the need for inclusive public participation, comprehensive reparations (including non-economic losses), and public grant-based financing based on the 'polluter pays' principle to avoid increasing debt in the Global South.

ClientEarth argues that the UK government has significantly reduced its ambitions for soil health, moving from a goal of all soils being sustainably managed by 2030 to only 60% of agricultural soils. The submission highlights a fragmented regulatory landscape, poor enforcement by the Environment Agency, and the risk that the Retained EU Law Bill will create a 'regulatory gap' by removing cross-compliance standards. ClientEarth advocates for a new legal framework with binding targets, a universal definition of 'healthy soils', and a shift away from purely voluntary schemes like the Environmental Land Management schemes (ELMs), which they argue lack the mandatory minimum standards necessary to achieve national environmental goals.

ClientEarth is pursuing a 'world-first' derivative action in the High Court of England and Wales to hold Shell's Board of Directors personally liable for mismanaging climate risks. The claim argues that Shell's energy transition strategy is insufficient, as its net-zero targets are not reflected in budgets and its reduction targets focus on 'carbon intensity' rather than absolute emissions. ClientEarth asserts this mismanagement breaches the UK Companies Act, specifically Section 172, which requires directors to promote the company's long-term success. The action is supported by various institutional investors from the UK, Sweden, France, Belgium, and Denmark.

The document challenges the National Air Quality Officer's (NAQO) decisions to allow Eskom to delay compliance with emission standards. It argues that such postponements are unlawful under the National Environmental Management: Air Quality Act (AQA) and the 2017 National Framework, particularly for plants in the Highveld Priority Area (HPA). The submission provides evidence of Eskom's extensive history of emission exceedances and the resulting health costs, including thousands of projected premature deaths. It further asserts that the technology to abate sulphur dioxide (SO2) is feasible and economically beneficial, contradicting Eskom's claims of impracticality.

The CJEU ruled in case C-330/22 that the EU Council has a margin of discretion to set TACs above scientific advice for by-catch stocks within multiannual plans to avoid premature fishery closures. However, the Court affirmed that for target stocks, the MSY deadline is a strict obligation with no flexibility to depart from scientific advice. This overturned an earlier Advocate General's opinion which argued that the 2020 deadline applied to all stocks without exception.

ClientEarth argues that the European Commission's proposal for a recast Ambient Air Quality Directive lacks sufficient ambition and contains legal loopholes. The organization recommends aligning limit values with WHO Air Quality Guidelines by 2030, accelerating the timeline for 'Delivery Plans' to avoid widespread breaches in 2030, and introducing time-based financial sanctions for public authorities that fail to meet deadlines. It also advocates for maintaining and strengthening provisions for access to justice and health-related compensation for citizens.

The report outlines a two-tiered approach to an EU methane import standard: an initial prescriptive standard focusing on practices and technologies, followed by a more ambitious emission intensity standard. It argues that there are no insuperable legal obstacles to such a standard under WTO or UNFCCC rules, provided the EU applies equivalent burdens to domestic production. Key recommendations include using an equivalence principle for exporting countries and companies, implementing financial penalties for non-compliance, and establishing an EU methane fund to support mitigation in developing countries. The document also highlights the need for robust monitoring, reporting, and verification (MRV) and warns of 'methane leakage' where high-emitting gas is redirected to less regulated markets.

The document notes a sharp decline in the CCPR's explicit references to climate change in its 2022 State review process compared to previous years. It highlights specific recommendations for the Philippines regarding corporate liability and for Brazil regarding carbon emissions. Most significantly, it analyzes the case of Billy et al. v. Australia, where the CCPR found that Australia violated the rights to home, private life, family, and culture by failing to implement adequate climate adaptation measures for the Torres Strait Islanders, marking the first time a human rights treaty body established a State's duty to protect people from climate impacts.

The report provides a detailed 'radiography' of how Brazilian states are implementing the Forest Code, highlighting that while CAR registration is consolidated, the analysis of these registries and the subsequent execution of the PRA remain significant bottlenecks. It identifies a heterogeneous landscape where a few states like Pará and Mato Grosso lead in implementation, while others remain stagnant. The document emphasizes technical challenges, such as insufficient cartographic bases and poor communication with landowners, as well as institutional hurdles like the instability of the national Sicar system. It also notes a concerning legal precedent in Goiás, where state legislation has introduced rules more flexible than federal law, potentially undermining the Forest Code's integrity.

The report analyzes the legal framework of Canada's public procurement in the context of international trade agreements, specifically the WTO GPA and CETA. It argues that while these agreements prohibit origin-based discrimination, they provide significant flexibility for incorporating environmental, social, and socioeconomic criteria through performance-based specifications and life-cycle costing. The author concludes that international trade obligations are not a barrier to sustainable procurement and recommends a comprehensive 'Procurement Package' to professionalize the procurement workforce and develop national life-cycle assessment databases to better support clean tech SMEs and climate goals.

The report identifies ten key components of a strong ESIA legal framework and evaluates their application in three jurisdictions. California is highlighted for its rigorous environmental review and climate change integration, Kazakhstan for its recent legislative updates aligned with EU standards, and Queensland for its comprehensive framework and use of internal audits to address rehabilitation liabilities and corruption risks.

The document analyzes the gap between the formal legal recognition of climate justice and its practical application in Africa's mining and petroleum sectors. It highlights systemic failures in enforcement, the limitations of current judicial and administrative sanctions, and the marginalization of local communities. The report advocates for a shift toward 'active' judiciaries, the adoption of specific climate laws, and the strengthening of corporate due diligence to protect vulnerable populations from the environmental and social impacts of extractive activities.

The briefing argues that the Retained EU Law (Revocation and Reform) Bill could weaken UK pesticide regulation by granting ministers broad powers to revoke or amend EU-derived laws via secondary legislation with limited scrutiny. It highlights risks such as the 'sunset' clause causing accidental law expiry and the potential shift from a 'hazard-based' to a 'risk-based' authorisation approach. Specifically, the document warns that the Bill could be used to relax restrictions on neonicotinoids, contradicting the UK's 25 Year Environment Plan and the EU-UK Trade and Co-operation Agreement.