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A Formal Complaint Procedure for a More Assertive Approach towards TSD Commitments
ClientEarth proposes a formal complaint procedure for EU trade agreements, modeled after the Trade Barriers Regulation, to allow NGOs, trade unions, and the public to report breaches of sustainable development commitments. The proposal argues that current informal processes are ineffective, citing examples in Korea, Peru, and Cambodia. The recommended mechanism would include a 'substantiated' complaint phase, a formal examination period of 5-7 months, and a final Commission decision subject to judicial review by EU courts. ClientEarth emphasizes that while this tool increases accountability and transparency, it must be accompanied by stronger substantive obligations in future trade deals to be truly effective.
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Document type: Briefing
Integrating a gender perspective into the legally binding instrument on transnational corporations and other business enterprises
A coalition of international organisations recommends that a proposed legally binding treaty on transnational corporations include mandatory gender impact assessments, gender-sensitive justice and remedy mechanisms, and specific protections for women human rights defenders. The statement argues that corporate activities are not gender-neutral and often cause disproportionate harms, such as gender-based violence in extractive industries, which require transformative reparations and the removal of structural barriers to justice.
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Document type: Statement
Tackling Fossil Fuel Subsidies through Trade Agreements
The briefing examines why fossil fuel subsidies have historically avoided challenges at the WTO, noting that WTO law often "undercaptures" these measures compared to renewable energy supports. Through a preliminary analysis of five G20 support measures, the authors find that consumption subsidies are particularly difficult to litigate due to a lack of specificity and difficulty in demonstrating adverse trade effects. To overcome these legal hurdles, the document proposes five reform avenues: technical assistance, improved transparency, political declarations, voluntary pledges with reporting, and the expansion of the ASCM's category of prohibited subsidies.
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Document type: Briefing
Petition for certification pursuant to 22 U.S.C. § 1978 of actions undertaken by Canadian nationals diminishing the effectiveness of the Convention on Nature Protection and Wild Life Preservation in the Western Hemisphere and the Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean
A coalition of indigenous groups and conservation organizations petitions the U.S. government under the Pelly Amendment to investigate six mining projects in British Columbia (Tulsequah Chief, Red Chris, Schaft Creek, Galore Creek, KSM, and Brucejack). The petitioners argue these mines threaten woodland caribou, grizzly bears, and Pacific salmonids through habitat destruction, toxic pollution, and increased traffic on Highway 37. They specifically highlight the risk of acid mine drainage and tailings dam failures, citing the 2014 Mount Polley disaster. The petition requests a referral to the International Joint Commission to address these transboundary threats to Southeast Alaska's ecosystems and economies.
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Document type: Statement
UPDATE ON THE PREFERRED BIDDERS UNDER THE FIRST BID WINDOW OF THE COAL BASELOAD IPP PROCUREMENT PROGRAMME AND THE PROPOSED KIPOWER COAL-FIRED POWER STATION
The Centre for Environmental Rights (CER) informs the South African Department of Energy that the Thabametsi and Khanyisa coal-fired power stations, both preferred bidders under the Coal Baseload IPP Procurement Programme (CBIPPPP), and the proposed KiPower station do not meet the legal qualification criteria for financial close. The CER highlights that a North Gauteng High Court ruling established that a full climate change impact assessment (CCIA) is a necessary part of the environmental impact assessment (EIA) for coal-fired plants. Thabametsi's CCIA indicated the plant would be one of the highest greenhouse gas emitters in the country and faces high water availability risks. Khanyisa and KiPower have failed to conduct CCIAs. The letter also notes that these projects are located in the water-stressed Olifants River Catchment and the Highveld Priority Area, where air quality is out of compliance with health standards. The CER requests clarification on whether the financial close deadline has been suspended pending the updated Integrated Resource Plan (IRP) and Integrated Energy Plan (IEP).
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Document type: Statement
Amicus Brief on Bureau of Land Management's Waste Prevention Rule
The Institute for Policy Integrity argues that the Bureau of Land Management (BLM) acted irrationally by staying the Waste Prevention Rule—which aimed to stop oil and gas companies from wasting natural gas on public lands—without considering the forgone benefits of the rule. The brief contends that the BLM's justification relied solely on cost savings, ignoring the benefits it had previously used to justify the rule's enactment, and calls for the stay to be vacated.
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Document type: Legal commentary
AMICUS CURIAE BRIEF IN OPPOSITION TO THE PETITION FOR WRIT OF MANDAMUS
The brief contends that a stable climate system is a necessary precondition for the exercise of fundamental rights, such as the right to life, liberty, and property. It supports this position by citing international agreements, including the Paris Agreement and the UNFCCC, as well as jurisprudence from foreign courts and U.S. state constitutions that link environmental health to human rights.
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Document type: Legal commentary
A Trojan horse in the identification of endocrine disruptors
The document argues that the European Commission exceeded its legal mandate by proposing a clause that would exempt chemicals intended to act as endocrine disruptors from the ban established by the 2009 Pesticides Regulation. ClientEarth asserts that the Commission is using the process of defining scientific criteria as a 'Trojan horse' to weaken environmental and health protections for economic reasons, thereby violating the balance of power between EU institutions.
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Document type: Statement
Addressing risks of an inadequate legal framework governing forest conversion in Ghana
The document identifies five key risks in Ghana's forest conversion laws, including legal uncertainty regarding mining in reserves, the criminalization of smallholders due to complex licensing, and a lack of coordinated land-use planning. It argues that these gaps facilitate illegal deforestation and community rights violations. To address this, ClientEarth recommends clarifying the legal status of forest reserves, implementing the Land Use and Spatial Planning Act 2016, simplifying smallholder registration, and increasing the resources and transparency of enforcement agencies like the Forestry Commission and the Environmental Protection Agency.
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Document type: Briefing
Comments on the proposal to restrict lead compounds in PVC
ClientEarth opposes a proposed derogation that would allow recycled PVC to contain up to 1% lead compounds, arguing that it underestimates environmental risks, creates enforcement loopholes, and undermines the circular economy by associating recycled materials with substances of very high concern.
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Document type: Statement
Slipping through the net
The report finds that EU Member States have failed to effectively implement fisheries enforcement frameworks, characterized by delays in adopting penalty point systems, a lack of harmonized definitions for 'serious infringements', and sanctions that are neither deterrent nor transparent.
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Document type: Report
The control and enforcement of fisheries in England
The report identifies systemic failures in English fisheries enforcement, including a lack of proactive surveillance, low prosecution rates, and insufficient fines that fail to deter IUU fishing. It highlights breaches of EU law regarding the maintenance of a public register of infringements and the misapplication of the points system for serious infringements. Furthermore, it notes a legal gap where environmental damage to European Marine Sites cannot be prosecuted unless a specific local byelaw exists, and argues that the current emphasis on reducing regulatory burdens for business undermines the robust inspection required by EU mandates.
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Document type: Report
The control and enforcement of fisheries in France
The report finds that fisheries enforcement in France is characterized by declining inspection rates, low levels of sanctions that lack deterrent effect, and a failure to implement the EU penalty point system. It highlights a legal contradiction where imprisonment is prohibited for infringements committed beyond the 12-nautical-mile territorial sea, and notes significant inconsistencies in official data reporting across different government agencies.
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Document type: Case study
The control and enforcement of fisheries in the Republic of Ireland
The report finds that Ireland has largely failed to implement the EU Control Regulation, specifically regarding the penalty point system for fishing licence holders and masters, and the establishment of a national register of infringements. Enforcement relies almost exclusively on criminal proceedings, which the study argues are too infrequent and the resulting fines too low to serve as an effective deterrent. The document highlights a lack of transparency in public reporting and a lack of guidance on defining 'serious infringements,' which undermines the ability to apply proportionate and dissuasive sanctions.
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Document type: Case study
The Withdrawal Bill: Destination and Journey
The report argues that the draft European Union (Withdrawal) Bill jeopardises the UK's environment and legal system by transferring excessive power to Government Ministers and failing to guarantee the retention of all EU environmental laws and governance functions. It identifies three primary risks: a democratic deficit caused by broad ministerial powers and inadequate scrutiny; a reduction in environmental protection due to the loss of overarching principles and incomplete transposition of Directives; and a governance gap resulting from the absence of independent replacements for EU institutions. The authors recommend that retained EU law only be modified by Acts of Parliament, that environmental principles be explicitly retained, and that new, independent governance mechanisms be established through primary legislation.
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Document type: Report
Remarks of Lucas Minich for the Clean Air Task Force on Oil and Natural Gas Sector; Emission Standards for New, Reconstructed, and Modified Sources: Stay of Certain Requirements, 82 Fed. Reg. 27,645 (June 16, 2017)
The Clean Air Task Force opposes the EPA's proposed stays on emission standards for new, reconstructed, and modified oil and gas sources, asserting that the agency lacks the legal authority under the Clean Air Act and the Administrative Procedure Act to postpone compliance dates for an already-effective rule. The organization highlights that staying leak detection and repair requirements would eliminate over half of the rule's methane reductions and nearly 90 percent of its toxic air emissions benefits, disproportionately impacting the health of children and vulnerable populations living near facilities.
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Document type: Statement
The Control and Enforcement of Fisheries in Spain
The report evaluates Spain's fisheries enforcement framework, finding that while the country has become an EU leader in combating IUU fishing through high-profile operations like 'Sparrow', significant gaps remain in the application of the penalty point system, engine power verification, and traceability controls. It highlights a general lack of transparency in implementation data and recommends legislative amendments to allow criminal prosecution of IUU fishing in international waters.
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Document type: Report
GOVERNING THE HIGH SEAS: MARINE GENETIC RESOURCES IN AREAS BEYOND NATIONAL JURISDICTION
The document examines the efforts of the UN General Assembly and the Preparatory Committee (Prepcom) to create a legally binding instrument under UNCLOS for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (ABNJ). It highlights significant divergences between developed and developing states regarding access and benefit-sharing (ABS) of marine genetic resources, the application of the 'common heritage of mankind' principle, and the design of institutional structures. While Prepcom 4 produced an outcome document identifying areas of convergence and divergence, the brief emphasizes the need for a focus on non-monetary benefits—such as capacity building and technology transfer—to address the technical and economic disparities between nations without disincentivizing marine scientific research.
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Document type: Policy brief
How to make Member States set ambitious national contributions to EU targets on energy efficiency and renewable sources of energy?
ClientEarth argues that the most effective way to ensure EU 2030 energy and climate targets are met is through binding national targets enshrined in EU law. As an alternative, the organization suggests using non-binding reference values (benchmarks) linked to EU funding incentives to encourage high ambition. The document also recommends strengthening the role of the European Environmental Agency in assessing national plans and clarifying the Commission's enforcement powers when Member States fail to follow recommendations.
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Document type: Statement
BP's corporate reporting regarding oil demand forecast to 2035: potential legal risks
ClientEarth asserts that BP's 'base case' oil demand forecast to 2035 is at odds with independent analysis and automotive industry trends, potentially misleading investors and exposing BP to compensation claims under UK law.
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Document type: Statement