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ClientEarth argues that the 'recklessness standard' in English law already protects companies from liability for honest but incorrect forward-looking statements in transition plans. It contends that detailed transition planning reduces risks related to greenwashing, breach of duty, and human rights harms, and opposes the introduction of 'safe-harbours' which would undermine market integrity.

The report explains that while provinces have broad authority over natural resources, the Canadian federal government can regulate oil and gas development through various 'heads of power' in the Constitution. It details the legal doctrines used by courts to resolve jurisdictional overlaps, such as 'double aspect' and 'incidental effects,' and analyzes twelve specific federal powers—including criminal law, fisheries, and interprovincial works—that allow the federal government to influence the oil and gas life cycle from production to closure.

The document outlines a proposal for a community-centered national database to safeguard Mozambique's traditional knowledge on biodiversity. It identifies critical regulatory gaps in digital documentation and proposes a multi-tiered access system to prevent misappropriation. The framework emphasizes interoperability with existing scientific repositories like BioNoMo and RECIMO, and integrates a robust community-led governance model for consent and dispute resolution.

The Clean Air Task Force (CATF) conducted a quantitative analysis of 15 completed NEPA cases against 10 offshore wind projects to determine if environmental review litigation meaningfully delays development. The study found that NEPA litigation is largely unsuccessful in stopping projects, with only one case (Cape Wind) significantly contributing to a project's cancellation. The average length of a NEPA case was approximately 2.5 years, and none of the seven motions for preliminary injunctions in the dataset were granted. Instead, the document identifies the actual drivers of industry delays as strong community opposition, misinformation regarding right whales, supply chain disruptions caused by the pandemic and the Russian invasion of Ukraine, and high interest rates. CATF concludes that gutting NEPA would not speed up development but would undermine informed decision-making and community engagement.

The North Gauteng High Court ruled in favor of the Institute for Economic Justice (IEJ) and #PayTheGrants, finding that the South African government's administration of the Social Relief of Distress (SRD) grant was unconstitutional. The court determined that the grant is not a temporary measure and that the government used 'ulterior' motives to exclude eligible applicants through restrictive regulations, such as a solely online application process and inaccurate database checks. The judgment requires the government to allow in-person applications, redefine 'insufficient means' to exclude irregular monetary inflows, and develop a plan within four months to increase the grant's value and means-test threshold in line with the cost of living. Additionally, the court struck down budget caps that limited the number of beneficiaries and ordered SASSA to rectify payment delays affecting 10-15% of successful applicants.

The policy brief advocates for an evidence-based approach to transforming land administration in South Africa, specifically addressing off-register rights in urban and rural settings. It highlights that current formal registration systems fail to capture the social and customary norms governing land use, such as 'family houses' in cities and household-level rights in rural areas. The author argues that a comprehensive, transformed land administration system is necessary to record these diverse tenures and resolve disputes administratively rather than relying solely on constrained common-law court remedies.

The report argues that offshore oil and gas activities pose severe threats to the global commons, specifically the oceans and atmosphere. It details how seismic surveys harm marine life, production leads to catastrophic blowouts and underreported methane emissions, transportation increases the risk of spills and invasive species, and improper decommissioning leaves a legacy of leaking 'orphan' wells. The document emphasizes that these risks are magnified by climate change and that existing legal frameworks, including UNCLOS and the polluter pays principle, should be leveraged to phase out offshore fossil fuel extraction.

The document details the risks of offshore oil and gas exploration, focusing on the ecological damage caused by seismic surveys and exploratory drilling, the resulting threats to coastal livelihoods and Indigenous rights, and the broader implications for global climate regulation.

The document outlines a legal framework for challenging offshore oil and gas expansion, focusing on rights to information and participation, duties to prevent environmental and human rights harm, and the responsibility of polluters to pay for decommissioning and remediation.

Natural Justice assesses South Africa's 2025 draft NDC, acknowledging progress in absolute emissions targets but warning that these are undermined by over-reliance on international conditionality and a lack of concrete implementation plans. The submission argues that the draft fails to meet the 'highest possible ambition' standard set by the ICJ, citing gaps in adaptation financing, the exclusion of natural disturbance emissions from accounting, and the absence of a clear fossil fuel phase-out schedule. It recommends integrating a Human Rights-Based Approach (HRBA), establishing a grant-based Loss and Damage facility funded partly by a tax on fossil fuel profits, and mandating Free, Prior and Informed Consent (FPIC) for all climate projects.

The document examines the negative impacts of hydropower on reindeer husbandry in Sápmi, including landscape fragmentation, safety risks, and the loss of traditional knowledge. It proposes specific mitigation measures—such as building reindeer bridges and using drones—and argues that Swedish authorities, particularly County Administrative Boards, have a legal obligation under the Minority Act and international law to ensure the effective participation and influence of Sami communities in the hydropower permit review process.

The EU and UK have withdrawn from the Energy Charter Treaty (ECT), but a 'sunset clause' in Article 47(3) may extend fossil fuel investment protections for up to 20 years, potentially until 2043. The author contends that the ECT is part of a systemic global issue involving over 2,800 bilateral investment treaties (BITs) and 450 treaties with investment provisions (TIPs) that facilitate investor-State dispute settlement (ISDS) claims against climate policies. Current reform efforts by UNCITRAL, UNCTAD, the WTO, and the OECD are described as fragmented or focused on procedural rather than substantive changes. The document proposes the use of 'inter se' agreements to neutralize sunset clauses and the creation of a legally binding multilateral or plurilateral agreement to immediately remove investment benefits for fossil fuels and align financial flows with Article 2.1(c) of the Paris Agreement.

The document evaluates four public-private partnership models for restoring Brazil's public lands: forestry concessions, ordinary tenders, common public service concessions, and Public-Private Partnerships (PPPs). While forestry concessions are the current standard due to the Public Forest Management Law (LGFP), they are limited by strict contractual requirements and high risk for the private sector. The report suggests that ordinary tenders could be effective for planting in fully protected areas, while common concessions and PPPs could offer better risk-sharing and flexibility if forest restoration is legally classified as a public service. The authors recommend legally designating restoration as a public service, improving risk management training for public agencies, and creating a specialized entity to manage environmental assets like carbon credits.

Earthjustice reports a series of legal victories in 2024, including a landmark settlement to decarbonize Hawaii's transportation system by 2045, the cessation of coal leasing in the Powder River Basin, and a historic Inter-American Court of Human Rights ruling requiring Peru to remediate lead pollution in La Oroya. The organization also secured wins against cryptomining operations in New York, fossil fuel infrastructure expansion in New Jersey, and the loss of wetlands protections following the U.S. Supreme Court's Sackett v. EPA decision, notably helping Colorado pass legislation to reinstate wetland protections in May 2024. Additionally, the report highlights efforts to regulate PFAS in plastic containers, limit lead wheel weights, and protect endangered species such as the Cook Inlet beluga whale and Pacific sardine.

The compendium details the legal arguments presented from December 2 to December 13, 2024, at the ICJ. It highlights a fundamental divide between climate-vulnerable nations and several high-emitting States. Vulnerable nations, including many Small Island Developing States (SIDS), argue for a 'harmonious interpretation' of international law, asserting that obligations to prevent transboundary harm and protect human rights exist independently of and complement the Paris Agreement. They demand accountability for historical emissions and full reparations, including debt cancellation. Conversely, a minority of high-emitting States, such as the United States, Russia, and Saudi Arabia, argue that the UN climate treaty regime (UNFCCC, Kyoto Protocol, and Paris Agreement) is the exclusive source of State obligations, seeking to limit liability and reject the applicability of customary international law or human rights law to climate mitigation.

The report argues that the EU's REACH Authorisation regime, designed to phase out the most hazardous chemicals, is undermined by widespread non-compliance and a lack of deterrent enforcement. It highlights that 40% of inspected companies fail to meet their obligations, yet authorities frequently rely on 'written advice' rather than dissuasive sanctions. Through case studies in France, Germany, and Spain, the document exposes a lack of transparency, with authorities often withholding enforcement data by citing commercial interests. It concludes that the European Commission and ECHA lack sufficient oversight of national enforcement, and recommends a stricter accountability framework, more frequent reporting, and the creation of public registries of infringements to incentivize compliance.

The document provides a comprehensive overview of Ghana's land law regime, detailing the six major registrable interests in land and various minor rights. It explains the fiduciary duties of those managing collectively owned lands, the mechanisms for benefit sharing and compensation during compulsory acquisition, and the statutory emphasis on Alternative Dispute Resolution (ADR) to reduce the burden on the judicial system. It also outlines the roles of the Lands Commission and Customary Land Secretariats in ensuring transparency and access to information.

ClientEarth asserts that the EU-Mercosur Partnership Agreement undermines the EU Deforestation Regulation (EUDR) by allowing Mercosur countries to influence EU law enforcement and by creating a dispute settlement mechanism that could be used to challenge EUDR implementation. The organization warns that these concessions may force EU Member States to act inconsistently with their legal obligations to ensure deforestation-free imports.

The document evaluates four legal frameworks for public-private partnerships in forest restoration: forest concessions, common tenders, common public service concessions, and Public-Private Partnerships (PPPs). While forest concessions are the current standard due to the Law on Public Forest Management (LGFP), the report argues that their rigid risk distribution and land category restrictions may hinder large-scale restoration. It proposes that common tenders are suitable for planting in strictly protected Conservation Units, while PPPs offer the most flexibility in risk sharing and financial support, especially for security and monitoring in high-risk Amazonian regions. The report emphasizes the need to legally characterize restoration as a public service to enable these alternative models and stresses the necessity of socio-environmental safeguards for Traditional Peoples and Communities.

The document advocates for the integration of substantive and procedural human rights into the Global Plastics Treaty, noting that plastic pollution infringes upon rights to health, life, and a clean environment. It critiques the current Compilation Draft for treating public participation as voluntary and omitting the right to effective remedy, while recommending that the final treaty explicitly operationalize the right to a healthy environment and protect marginalized groups.