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This policy brief examines the implications of the International Court of Justice (ICJ) advisory opinion on climate change for multilateral environmental agreements (MEAs), emphasizing that states must now implement climate provisions in an integrated and systemic manner to ensure compliance with international law.

The document analyzes the scope of 'relevant legislation' under the EUDR, arguing for a broad, teleological interpretation that includes any law with a significant link to halting deforestation, regardless of whether it regulates formal land interests or is limited strictly to the production phase.

The Clean Air Task Force asserts that the DOE has the legal authority under the Infrastructure Investment and Jobs Act (IIJA) to fund hydrogen refueling stations and delivery infrastructure on transportation corridors using Regional Hydrogen Hubs funding. The author argues that the statutory term "close proximity" should be interpreted broadly to include these corridors to facilitate a national clean hydrogen network and achieve the goal of eliminating emissions from the transportation sector.

The Clean Air Task Force (CATF) asserts that synthetic sustainable aviation fuel (SAF) is a critical component for aviation decarbonization and qualifies for section 45Z credits. CATF analysis suggests that by mid-century, global aviation energy demand could be double the projected biofuel supply, with synthetic SAF potentially meeting up to 56% of aviation demand in some scenarios. The document argues that synthetic SAF fits the section 45Z definitions of both "transportation fuel" and "sustainable aviation fuel" because it is suitable for aircraft, meets carbon intensity requirements, does not involve the prohibited co-processing of applicable materials with non-biomass feedstocks, and adheres to ASTM International standards without being derived from petroleum or palm fatty acid distillates.

The document clarifies the relationship between the EU's Common Fisheries Policy (CFP) and the scientific reference points used by the International Council for the Exploration of the Sea (ICES) to set Total Allowable Catches (TACs). It distinguishes between different biological indicators—fishing mortality (F) and spawning stock biomass (SSB)—and explains how MSY, precautionary (PA), and limit reference points define the health and sustainability of fish stocks. The briefing argues that setting TACs based only on precautionary reference points (Fpa and Bpa) is insufficient to meet the CFP's legal obligation to maintain stocks at levels capable of producing Maximum Sustainable Yield (MSY).

The document asserts that ICES headline advice is the most reliable scientific basis for setting TACs in the EU, as it aligns with the Common Fisheries Policy's requirements for sustainability and the precautionary approach. It argues that these figures represent a maximum limit rather than a target, and that TACs should often be set below this level to account for ecosystem needs, climate change, and data uncertainty.

The document explains that under Article 6 of the Habitats Directive, 'site integrity' for seagrass beds depends on achieving 'favourable conservation status' for both the habitat and its typical associated species, such as fish and crustaceans. It identifies threats to seagrass including pollution, trawling, and anchor damage, and advocates for the use of buffer areas and the precautionary principle to prevent activities that inhibit the recovery and outward growth of these ecosystems.

The document analyzes a July 31, 2001, agreement by the Trade Ministers of Canada, the United States, and Mexico to interpret Chapter 11 of NAFTA. It highlights a commitment to public transparency of tribunal documents, though it notes a critical exception for information withheld under arbitral rules. It also discusses the clarification of Article 1105, which aligns the 'minimum standard of treatment' with customary international law to prevent firms from litigating any international law obligation. The briefing concludes that while these steps are positive, significant issues remain unaddressed, particularly regarding expropriation (Article 1110), performance requirements (Article 1106), and national treatment (Article 1102).

The author challenges the notion that GATT prohibits distinctions between products based on their production methods (PPMs). By analyzing the ambiguity of the term 'like products' and highlighting the TRIPS Agreement as a successful application of PPMs for intellectual property, the paper suggests that environmental PPMs are possible. The author argues that the focus should shift from whether such measures are permissible to how they can be implemented through a rule-based agreement developed by environmental experts and then integrated into the WTO framework to avoid 'pollution havens' in commodity markets.

The document analyzes the case of Harmony Gold Mining Company Limited v Free State, Department of Water Affairs and Forestry, where the court ruled that the obligation to take 'reasonable measures' to prevent pollution under the National Water Act is not limited to a party's own land and can extend to land owned or used by others. This occurred in the context of managing groundwater and preventing acid mine drainage in the KOSH basin, where several mining companies were directed to share the costs of pumping and treating water at defunct mines to protect active operations.

The National Energy Regulator of South Africa (NERSA) responded to a request from the Centre for Environmental Rights regarding the Integrated Resource Plan for Electricity, 2019. NERSA argues that its role in the development of the plan is limited to consultation with the Minister of Energy, which does not constitute an administrative action requiring separate public consultation.

The document offers detailed guidance on defining, regulating, and supporting Renewable Energy Communities (RECs) and Citizen Energy Communities (CECs) under the EU's Clean Energy Package. It emphasizes the need for non-commercial purposes, democratic governance, and the removal of administrative barriers to empower citizens in the energy transition. The guide provides specific recommendations on legal forms, effective control, market access, and the design of support schemes, while drawing on examples from various EU Member States and the US to illustrate best practices for implementation.