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The document reviews the history of ocean dumping regulations, focusing on the London Convention and Protocol, and examines the challenges of enforcing these rules against radioactive waste and emerging climate mitigation technologies.

The document analyzes the use of referendums in Italy, contrasting their potential for progressive social change with the risks of authoritarianism and the limitations of the current constitutional framework. It highlights specific cases, such as the 1974 divorce referendum and the 2020 constitutional referendum on reducing parliament members, to argue that referendums alone cannot ensure inclusive democracy without accompanying social justice and inclusivity.

The briefing argues that the Komstroy ruling effectively bars investor-State dispute settlement (ISDS) between EU investors and Member States under the ECT, creating significant legal obstacles to the enforcement of awards and potentially allowing EU State aid law to block compensation payments.

The briefing argues that the Komstroy ruling effectively bars investor-State dispute settlement (ISDS) between EU investors and Member States under the ECT, creating systematic obstacles to the recognition and enforcement of such awards within the EU. It highlights that EU Member States are now obliged to challenge these awards and that EU State aid rules may further prevent the payment of compensation. The document specifically applies these legal hurdles to pending cases brought by RWE and Uniper against the Netherlands regarding its coal phase-out policy.

ClientEarth argues for the full alignment of EU air quality standards with the 2021 World Health Organization (WHO) guidelines through legally binding limit values. The document proposes strengthening the legislative framework by introducing an independent Scientific Advisory Board on Healthy Air, enhancing the requirements for air quality plans, and expanding monitoring to include Black Carbon and Ultrafine Particles. It further calls for explicit access to justice provisions, harmonised compensation for health damages, and the introduction of administrative penalties for public authorities that fail to comply with air quality standards.

The report identifies the fossil fuel industry as the most litigious sector in the ISDS system, accounting for nearly 20% of all known cases. It highlights a significant lack of transparency, with 54% of concluded cases remaining confidential. Findings show that investors frequently win on the merits (72% of disclosed cases) and receive substantially higher awards than non-fossil fuel investors, averaging over USD 600 million. The analysis emphasizes the role of the Energy Charter Treaty (ECT) and contract-based arbitrations, particularly in low-income countries. The report concludes that the ISDS system can create a 'regulatory chill,' deterring states from implementing urgent climate policies and phasing out fossil fuels to meet Paris Agreement objectives.

The Administrative Court of Marseille partially invalidated Total's permit to operate a biorefinery, ruling that the original authorization relied on insufficient information regarding climate impacts. The court ordered a new study on the cumulative direct and indirect climate effects of palm oil production, importation, and use to enable the Prefect of Bouches-du-Rhône to make an informed decision.

The document argues that current ISDS compensation practices are complex, inconsistent, and create legal uncertainty, which can lead to 'regulatory chill' and hinder states' ability to take climate action. The authors advocate for a legally binding multilateral treaty to standardize compensation, the restriction of speculative valuation methods like Discounted Cash Flow (DCF), and the consideration of investor conduct and public interest when determining awards. They further suggest exploring the role of domestic courts in assessing damages and increasing the transparency of expert opinions.

ClientEarth criticizes the ECB's 2021 Climate Roadmap as being too vague and slow to address the carbon bias in its Corporate Sector Purchase Programme (CSPP) and Pandemic Emergency Purchase Programme (PEPP). The organization argues that the ECB continues to subsidize greenhouse gas-intensive companies and fails to meet its legal obligations under EU treaties. ClientEarth calls for the immediate exclusion of bonds from companies involved in coal, unconventional oil and gas, and new fossil fuel exploration, as well as the requirement for issuers to adopt credible Paris-aligned transition strategies by January 2023.

ClientEarth argues that the Society of Lloyd’s is risking 'greenwash' by making public net-zero commitments while keeping the specific guidance issued to managing agents private. The letter asserts that without transparency, it is impossible to verify if Lloyd's is following a science-based pathway or maintaining its previous 'Fuel Targets' to exit coal, tar sands, and Arctic oil. ClientEarth warns that misleading statements could breach the legal and regulatory duties of the Society and its Council members under FCA and PRA rules.

ClientEarth argues that the recast Energy Efficiency Directive (EED) must remove support for fossil-fuel technologies, including natural gas and high-efficiency cogeneration, to avoid carbon lock-in. The organization recommends raising the 2030 EU energy efficiency target to at least 45% and making national contributions legally binding. It further advocates for the 'Energy Efficiency First' (EE1st) principle to be extended to all planning and investment decisions, not just 'major' ones, and calls for a more robust role for energy communities in achieving energy savings.

The report examines how the TCU has evolved into a primary instance for the preventive control of socio-environmental risks in federal transport infrastructure concessions. While the TCU provides critical oversight to mitigate risks and ensure legal security, its intervention often occurs too late in the project lifecycle. This tardiness is attributed to a lack of motivated and transparent approval of Technical, Economic, and Environmental Viability Studies (EVTEA) by the Executive branch at the start of the viability phase. The document analyzes four case studies—BR-163/230/MT/PA, the North-South Railway (FNSTC), the Southern Integration Highway (RIS), and Ferrogrão—to illustrate the tensions between the TCU's oversight and the Executive's discretionary power, as well as the systemic failures in viability study quality, often exacerbated by the use of Manifestation of Interest (PMI) procedures.

The report provides a comprehensive 'behind-the-scenes' look at the litigation brought by Milieudefensie and over 17,000 co-plaintiffs against Royal Dutch Shell. On May 26, 2021, the District Court of The Hague ruled that Shell must reduce its net carbon emissions by 45% by 2030 compared to 2019 levels. The court based its decision on a 'duty of care' and the necessity to respect human rights, aligning corporate policy with the Paris Agreement. The document serves as a manual for other climate litigants, detailing strategies for funding, community mobilization, and legal argumentation, while analyzing Shell's defenses and the broader implications for corporate accountability and the energy transition.

The policy brief examines the conflict between the OECD's Pillar Two global minimum tax and 'fiscal stabilization' clauses often found in the national laws and investment agreements of developing countries. These clauses can freeze tax incentives and prevent states from raising effective tax rates to 15% without risking international arbitration. The authors recommend that the OECD's model legislation explicitly state that the global minimum tax applies regardless of stabilization agreements and that members of the Inclusive Framework agree that good-faith adjustments to align with GloBE rules are not violations of international law or investment treaties.

The document examines how tax treaties can lead to significant revenue losses for resource-rich developing countries through indirect asset transfers, subcontractor tax avoidance, and the erosion of the tax base via technical service fees. It analyzes 86 sample treaties and provides specific drafting recommendations, such as adopting standalone extractive industry articles, expanding the definition of 'immovable property' in domestic law, and implementing lower time thresholds for permanent establishments to ensure mining revenues are captured effectively.

The report highlights a regulatory gap where residential fossil-fuel appliances emit significantly more nitrogen oxides than gas-fired power plants despite the latter being regulated. It asserts that the EPA can use Section 111(b) of the Clean Air Act to establish nationwide performance standards for these appliances, citing electric-heat-pump technology as a demonstrated means of emission reduction and suggesting a system of emissions averaging and trading for manufacturers.

ClientEarth argues that classifying natural gas as sustainable under the EU Taxonomy Regulation would violate the Paris Agreement, the European Climate Law, and the Treaty on the Functioning of the European Union (TFEU). The organization contends that natural gas activities do not meet the 'climate change mitigation' criteria because they increase greenhouse gas emissions, particularly when methane leakages are considered. Furthermore, ClientEarth asserts that natural gas cannot be a 'transition' measure as feasible low-carbon alternatives exist and such investments risk locking in carbon-intensive assets and diverting funds from renewable energy.

ClientEarth argues that the Energy Charter Treaty (ECT) obstructs climate action and conflicts with EU law, specifically citing the CJEU's Komstroy ruling. The organization claims that the ECT's modernisation process is unlikely to succeed due to unanimity requirements and that companies are using investor-state dispute settlement (ISDS) to sue EU states over climate policies. Consequently, ClientEarth calls for a coordinated EU withdrawal from the treaty.

The document argues that EU competition rules should move away from a "full compensation" theory for consumers and instead adopt a "fair share" approach to enable businesses to cooperate on climate and sustainability goals. It emphasizes that environmental benefits for society should be considered when granting exemptions under Article 101(3) TFEU, even if individual in-market consumers do not receive direct benefits. The authors also address the distinction between genuine sustainability cooperation and greenwashing, and call for greater transparency in the Commission's guidance to businesses.

The document examines the legal frameworks governing shareholder resolutions in thirteen European countries, focusing on how investors can compel companies to adopt Paris-aligned climate strategies. It identifies a recurring tension between the general management powers of corporate Boards and the reserved rights of shareholders to amend a company's Articles of Association. The guide argues that framing climate 'asks'—such as net-zero commitments, transition plans, 'Say on Climate' votes, and lobbying disclosures—as amendments to the Articles of Association is often the most effective legal path to ensure resolutions are tabled at Annual General Meetings (AGMs). While the UK, Ireland, Spain, and Sweden are described as relatively simple jurisdictions for filing, others like France, Germany, and Austria require more nuanced framing to avoid infringing on Board competencies. The Netherlands is highlighted as the only jurisdiction among the thirteen where shareholders cannot legally compel a company to table a resolution without Board consent.