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The document critiques the REPowerEU proposal's attempt to accelerate renewable energy permitting, claiming it bypasses essential environmental assessments and violates EU administrative procedures.

The document analyzes the African perspective on 'loss and damage'—climate impacts that cannot be avoided through mitigation or adaptation. It highlights the failure of existing mechanisms like the Warsaw International Mechanism (WIM) and the Santiago Network to provide sufficient financial support, noting that developed countries resist dedicated funding due to concerns over legal liability. The authors recommend that African nations establish a transparent, inclusive position on the mandate of a potential Finance Facility, explore climate litigation against 'carbon majors', and integrate loss and damage assessments into their Nationally Determined Contributions (NDCs).

The document examines four critical legal uncertainties hindering the implementation of the Brazilian Forest Code: the conflict between the Forest Code and the Atlantic Forest Law, the temporal benchmarks for Legal Reserve requirements under Article 68, the validity of revising previous environmental commitment terms, and the contradictory criteria for Environmental Reserve Quotas (CRA). These controversies create a state of permanent legal insecurity, leading to the suspension of CAR validations in states like Paraná and Santa Catarina, and a reliance on bureaucratic donation mechanisms for Legal Reserve compensation due to the lack of a functional CRA market.

This briefing by the Center for International Environmental Law provides a roadmap and initial reflections on the May 6, 2022, final report issued by the Philippines Commission on Human Rights (CHR) following a seven-year National Inquiry on Climate Change.

ClientEarth argues that the proposed EU Framework for Forest Monitoring and Strategic Plans must prioritize the accessibility of remote sensing data and public transparency to combat forestry crime and mismanagement. The document highlights a significant decline in the carbon sequestration capacity of EU forests by 28% between 2013 and 2018 and criticizes the low rate of compliance checks under the EU Timber Regulation (EUTR), where 99% of domestically-harvesting companies were excluded from checks between 2015 and 2020. ClientEarth advocates for a common EU-wide platform for real-time data to support risk-based compliance planning and the 'substantiated concerns' mechanism for public reporting of illegal logging.

The document details two court cases aimed at halting Shell's seismic surveys off South Africa's Wild Coast. While one urgent interdict was dismissed, another was granted on 28 December 2021, based on potential harm to the constitutional, spiritual, and cultural rights of local communities. The applicants argue that Shell lacked necessary environmental authorizations under the National Environmental Management Act (NEMA), failed to properly consult stakeholders, and ignored climate change impacts. They seek to set aside the exploration rights granted to Impact Africa and Shell, and to establish a legal precedent that an Environmental Management Programme (EMPr) under the MPRDA is not a substitute for a NEMA environmental authorization.

ClientEarth asserts that a proposed climate resolution at Credit Suisse is a legally appropriate use of shareholder rights under Swiss law, countering the bank's recommendation to vote against it. The resolution seeks to amend the articles of association to require annual reporting on progress toward the 1.5°C goal of the Paris Agreement and plans to reduce fossil fuel asset exposure. ClientEarth argues that while the Board manages day-to-day affairs, shareholders can set the general framework via the articles of association, providing a binding legal requirement that exceeds the bank's non-binding promises in sustainability reports.

The report concludes that the Energy Charter Treaty (ECT) is incompatible with EU law because it allows international tribunals to interpret EU law and undermines the regulatory autonomy of EU institutions. While the European Court of Justice (ECJ) has already ruled that intra-EU arbitration under the ECT is illegal (Komstroy), the report argues that extra-EU arbitration also poses significant risks. It highlights that the ECT lacks the procedural and substantive safeguards found in modern agreements like CETA. The authors suggest that the most effective remedy is a combination of withdrawal from the ECT, inter-se modification to eliminate the sunset clause between withdrawing parties, and interpretative declarations to prevent investors from circumventing these measures by relocating their seats outside the EU.

ClientEarth proposes comprehensive reforms to the REACH regulation to address deficient accountability systems. Key recommendations include creating clear, mandatory obligations for companies, harmonising enforcement across Member States, increasing transparency for public and investor due diligence, and establishing a robust system of dissuasive sanctions and compensation for health and environmental damages.

ClientEarth argues that the current REACH risk management system is unable to match the volume and rate of chemicals entering the market. The document proposes simplifying restriction processes, introducing a 'high concern' trigger for action, and creating a tiered system for transition periods to ensure the significant reduction of hazardous chemicals.

ClientEarth welcomes the European Commission's draft Horizontal Guidelines on Sustainability Agreements but argues that the Commission must move away from a "full compensation" theory for consumers toward a "fair share" and "polluter pays" approach. The submission advocates for the recognition of global out-of-market benefits—such as biodiversity protection and greenhouse gas reduction—and suggests that competition rules should not protect unsustainable production. It further recommends that agreements ensuring compliance with statutory requirements should fall outside the scope of Article 101 TFEU and calls for greater transparency through comfort letters and published guidance.

The report identifies land tenure insecurity, administrative complexity in establishment, and limited commercial rights as primary obstacles for Community Protected Areas (CPAs) in Cambodia. It argues that the current 15-year tenure is insufficient for long-term conservation and livelihood development, and highlights a jurisdictional conflict between the Ministry of Environment and the Forestry Administration regarding non-timber forest product permits. Recommendations include expanding exclusion rights, lengthening tenure to 30 years, simplifying management plans, and formalising the conversion process between Community Forests and CPAs.

The submission contends that ISDS mechanisms allow fossil fuel companies to shift the financial risk of stranded assets onto taxpayers and create a 'regulatory chill' that discourages governments from implementing emissions-reduction policies. It highlights that the fossil fuel industry is the most litigious sector in ISDS, accounting for nearly 20% of cases. The authors argue that the perceived benefits of investment agreements in attracting renewable energy are unproven, while the costs—including massive compensation awards—are high. To align investment law with the Paris Agreement, the document recommends the OECD explore multilateral termination of treaties, the removal of protections for carbon-intensive investments, and the creation of 'climate carve-outs' to exempt climate-related measures from arbitration.

The submission contends that ISDS mechanisms allow foreign investors, particularly in the fossil fuel industry, to challenge climate policies and shift the financial risk of stranded assets onto taxpayers. It highlights a 'regulatory chill' effect where states may avoid implementing environmental rules to evade costly arbitration. The authors argue that the perceived benefits of investment treaties in attracting capital are unproven, while the costs—including massive compensation awards—are high. To resolve this, the document recommends that the OECD promote multilateral termination of treaties, the removal of protections for carbon-intensive investments, and the creation of 'climate carve-outs' to ensure that measures aligned with the Paris Agreement cannot be interpreted as treaty breaches.

The submission argues that current international investment agreements and the ISDS system create a 'regulatory chill' that discourages states from implementing urgent climate policies. It highlights the risk of fossil fuel companies using ISDS to secure massive payouts for 'stranded assets' and recommends that the OECD support multilateral termination of old treaties, the removal of protections for carbon-intensive investments, and the creation of climate-related carve-outs.

ClientEarth argues that the revised State aid Guidelines and ABER for agriculture and forestry must be fully integrated with the EU Green Deal, the polluter pays principle, and the precautionary principle to avoid compromising environmental protection. The organization recommends strengthening compliance with Union environmental law, refining definitions for carbon farming and forests to prevent biodiversity loss, and increasing transparency in how aid is reported and monitored. Specific concerns are raised regarding aid for irrigation, which may cause a 'rebound effect' increasing water consumption, and the use of forest biomass for energy, which ClientEarth argues should be strictly limited to residues and follow the cascading principle. The document also suggests that aid for climate-related disaster recovery should be conditional on implementing adaptation measures to minimize future losses.

ClientEarth is pursuing a 'world-first' derivative action against Shell's Board of Directors, arguing that the Board has breached its legal duties under the UK Companies Act by failing to properly prepare the company for the net zero transition. ClientEarth asserts that Shell's current climate strategy is insufficient, noting that its net zero target is not reflected in budgets and that its 'Energy Transition Strategy' focuses on 'carbon intensity' rather than absolute emissions reductions. The litigation seeks to compel the Board to align Shell's strategy with the Paris Agreement to protect the company's long-term commercial viability.

The document advocates for a dedicated EU Soil Health Law by 2023 to address the fact that 60-70% of EU soils are unhealthy. It argues that such a law is legally viable under the 'integration principle' of Article 11 TFEU and the principle of subsidiarity, as soil degradation has transboundary effects on climate, biodiversity, and food security. The brief emphasizes the role of the LUCAS Soil database in providing the science-based monitoring necessary for the law's implementation.

A U.S. court vacated a massive offshore oil and gas lease sale in the Gulf of Mexico, ruling that the Bureau of Ocean Energy Management (BOEM) acted arbitrarily by failing to provide a quantitative estimate or specific explanation regarding downstream greenhouse gas emissions from reduced foreign consumption in its 'no-go' alternative analysis.

The briefing note argues that trade policy should avoid creating a "two-speed global economy" by balancing regulatory requirements ("sticks") with support measures ("carrots"). It suggests that WTO members adopt principles from international environmental law—such as Common but Differentiated Responsibilities (CBDR)—and employ a data-driven diagnostic process to identify specific barriers to green transitions across different commodities and levels of development.