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ClientEarth argues that the GBER must be revised to eliminate aid for environmentally harmful activities and prioritise sustainable energy transitions. The organisation recommends integrating the 'do no harm' principle, increasing transparency in state aid reporting, and excluding fossil-fuel-based technologies like high-efficient cogeneration and hydrogen from block exemptions. Conversely, it proposes new aid categories for energy communities, zero-exhaust-emission vehicles, and sustainable battery storage to accelerate the green transition.

The document outlines the legal case Friends of the Earth Netherlands v Royal Dutch Shell plc, arguing that Shell's current net-zero strategy is insufficient compared to IPCC standards. It details the legal basis of the claim—centered on Dutch civil law and human rights—and warns investors of the reputational and financial risks associated with climate litigation and emerging EU due diligence legislation.

ClientEarth's submission to the UK government's judicial review reform consultation expresses strong opposition to proposals that would limit court discretion, introduce prospective-only remedies, or strengthen ouster clauses. The organization argues that such reforms could lead to non-compliance with the Aarhus Convention and the European Convention on Human Rights. While supporting the removal of the 'promptitude requirement' and the introduction of a formal 'Reply step', ClientEarth cautions against a 'track' system for claims and the restriction of interveners. The document emphasizes that environmental litigation is a critical tool for public accountability and that any reform must be evidence-based and cumulative in its impact assessment.

ClientEarth argues that State aid for IPCEIs must be strictly conditioned on compliance with EU environmental law and the 'do no harm' principle. The organization specifically advocates for the exclusion of fossil fuel projects and non-renewable hydrogen from aid eligibility, while calling for increased transparency in the Commission's State aid decisional process and the use of competitive procedures for selecting beneficiaries.

ClientEarth argues that the IED revision must shift from a static, activity-based approach to one that promotes the industrial activity with the least environmental impact for a given service. The organization advocates for expanding the IED's scope to include mining, upstream oil and gas, and aquaculture, while making greenhouse gas (GHG) emission limit values and energy efficiency standards binding, even for installations covered by the EU ETS. Key recommendations include restricting Article 15(4) derogations to a maximum of 48 months, introducing a right to compensation for victims of pollution, and strengthening Aarhus Convention rights through periodic permit renewals every four years and mandatory public participation for all permit updates.

ClientEarth argues that the European Commission's interim findings on illegal logging rules fail to adequately account for the positive systemic impacts of the EUTR and FLEGT Regulation while overlooking critical enforcement gaps. The organization recommends harmonizing obligations across the supply chain, creating a centralized public registry for compliance data, and adopting a legal definition of 'substantiated concerns' to aid prosecutors. Regarding FLEGT, ClientEarth contends that the slow pace of licensing is a result of the necessary complexity of legal reforms in partner countries and warns that weak EUTR enforcement reduces the incentive for third countries to engage in VPA processes.

The report examines the legal landscape for (agro)forestry in Côte d’Ivoire, highlighting that while the state aims for 20% forest cover by 2030, land tenure insecurity remains a primary risk. It details the distinctions between land titles, land certificates, and customary rights, noting that only Ivorian individuals, the State, and public authorities can hold land titles. The analysis emphasizes that investors should prioritize contracts with land certificate holders to avoid the legal uncertainty associated with customary rights, which can lead to eviction. It also explores the potential for investors to own planted trees and benefit from carbon credits through specific agreements, though it notes that carbon regulations are still being finalized.

The New Development Bank (NDB) emphasizes the use of 'country systems' for project implementation, which shifts the primary responsibility for environmental and social assessments, consultations, and grievance mechanisms to the client. However, the Centre for Environmental Rights (CER) finds that critical project documentation—including risk assessments, management plans, and Country Partnership Plans (CPP)—is not publicly available. While the NDB has its own Information Disclosure Policy (IDP), there is ambiguity regarding its susceptibility to South Africa's Promotion of Access to Information Act (PAIA), as the NDB's Africa Regional Center has indicated it is not subject to such legislation. The report highlights a lack of transparency in the NDB's decision-making processes and recommends that all project and policy information be made accessible via the NDB website to ensure accountability.

The Court of Justice confirmed that State aid for nuclear power plants is permissible under Article 107(3)(c) TFEU provided it is compatible with the internal market. Crucially, the ruling establishes that EU environmental law—including the precautionary and sustainability principles—applies to the nuclear sector, and any aid to an activity violating these laws is necessarily incompatible with the internal market. ClientEarth argues that the Commission should use this precedent to systematically enforce Green Deal objectives and the 'do no significant harm' principle across all State aid, recommending updated notification forms and stricter compliance checks for climate neutrality targets.

The document argues that the EU's current legal framework, which excludes installations under the Emissions Trading System (ETS) from certain Industrial Emissions Directive (IED) requirements, is insufficient to meet the goals of the Paris Agreement and the European Green Deal. ClientEarth contends that the ETS alone cannot drive full decarbonisation because it lacks a focus on prevention technologies and allows for the displacement of pollution. The brief proposes a synergetic approach where the IED provides mandatory, scientifically-based greenhouse gas (GHG) emission limit values (ELVs) and energy efficiency standards based on Best Available Techniques (BAT). This would align EU policy with the 'prevention principle' and the 'Hierarchy of action on pollution', ensuring that emissions are avoided by design rather than just traded. The author concludes that deleting Art. 9 IED and Art. 26 ETSD would create a 'win-win-win' for operators, the climate, and the environment by stimulating technological innovation and ensuring a level playing field.

The document analyzes the legal framework for shareholder climate proposals in Japan, noting that amendments to articles of incorporation are the only viable legal pathway for such proposals under the Japanese Companies Act. It highlights a landmark proposal at Mizuho Financial Group that received 34% support and argues that such proposals, while requiring a two-thirds majority to pass, can still influence corporate behavior, as seen with Mizuho's pledge to stop financing coal projects by 2050. The briefing compares these Japanese mechanisms to 'special resolutions' used in the UK and encourages boards and investors to support proposals aligned with the Paris Agreement.

The briefing analyzes Bill (PL) No. 510/2021, which seeks to modify Law No. 11.952/2009 regarding the regularization of land holdings on federal public lands in Brazil. The authors argue that the bill facilitates land grabbing and illegal deforestation by relaxing requirements for land regularization, extending simplified titling procedures to larger properties, and weakening environmental safeguards. It specifically highlights that PL No. 510/2021 allows individuals who already own rural property or have previously benefited from agrarian reform to regularize additional land, and permits those who sell their titles to benefit from such programs again.

The report asserts that the Great Barrier Reef's Outstanding Universal Value (OUV) is deteriorating due to climate change, with the IUCN assessing its outlook as "critical" in 2020. It argues that Australia is fueling this crisis by maintaining inadequate emissions targets, expanding fossil fuel exports, and failing to align its Reef 2050 Plan with a well-below 1.5°C warming pathway. The document concludes that site-level mitigation is insufficient and calls for the World Heritage Committee to require Australia to implement national-level decarbonization and legislative commitments to protect the Reef.

The paper proposes a tradable performance standard for the U.S. cement industry that sets an emissions intensity benchmark. Producers exceeding the benchmark must surrender credits, while those below it generate tradable credits, creating a financial incentive for decarbonization. The authors recommend a standard covering Scope 1 and Scope 2 emissions per unit of clinker and mineral additives, with stringency increasing annually. To prevent carbon leakage, the standard would apply to both domestic production and imports. The paper emphasizes that this standard must be part of a broader policy suite, including innovation funding and market-demand policies, to address the high costs and technical barriers of deep decarbonization technologies like carbon capture, use, and storage (CCUS).

ClientEarth argues that HSBC faces significant financial, reputational, and legal risks by continuing to finance fossil fuels. The organization supports a shareholder resolution calling for a Paris-aligned strategy with short, medium, and long-term targets, specifically starting with coal. ClientEarth contends that HSBC's current net zero ambitions and transition financing pledges are insufficient without a concrete plan to reduce fossil fuel exposure, noting that the bank is Europe's second largest financier of fossil fuels.

The report analyzes the legal and governance void created by Brexit, specifically the loss of the European Commission's enforcement role and the CJEU's jurisdiction. It examines the proposed Office for Environmental Protection (OEP) under the Environment Bill, the shift to 'retained EU law', and the risks associated with increased secondary legislation and resource shortages in agencies like the Environment Agency and Natural England. Case studies on air quality and pesticides illustrate the potential for regressive environmental standards and the loss of independent scientific oversight.

The statement highlights a landmark legal victory where Nigerian farmers obtained reparations from Shell in a Dutch court after thirteen years of litigation. It uses this case to argue that the current legal process is too slow and that the European Union should implement a mandatory 'corporate due diligence' law to ensure European companies are held accountable for human rights and environmental abuses committed abroad.

A statement by Donald Pols of Friends of the Earth regarding a 2021 Dutch court victory for Nigerian farmers against Shell, highlighting the 13-year legal struggle and the need for EU-wide corporate due diligence legislation to ensure parent company liability for overseas environmental damage.

A statement by Donald Pols of Friends of the Earth celebrating a Dutch court victory where Shell was held liable for oil spills in Nigeria's Niger Delta, while criticizing the thirteen-year duration of the legal process and calling for EU-wide corporate due diligence legislation.

The report examines the Combined Exclusive Maritime Zone for Africa (CEMZA), a proposed 'maritime space without barriers' intended to enhance geostrategic, economic, and security benefits across the African Maritime Domain. While the author argues that CEMZA is compatible with the UN Convention on the Law of the Sea (UNCLOS) if treated as a framework for cooperative governance rather than a replacement for national sovereignty, significant hurdles remain. These include the fact that less than half of Africa's coastal states have fully utilised UNCLOS to maximise their maritime zones, the existence of unresolved territorial and boundary disputes, and a historical gap between African Union norm-setting and actual treaty implementation. The report suggests that CEMZA should focus on joint enforcement jurisdiction and resource management, drawing on successful bilateral delimitation and joint-development examples from the continent.