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ClientEarth identifies key legal and policy goals for 2017, including ending fossil fuel subsidies in the EU, implementing a new Clean Air Act in the UK, and pricing climate risk into financial markets.

Environmental NGOs oppose increasing EU interannual quota flexibility from 10% to 25% to mitigate COVID-19 impacts, arguing it would lead to overfishing and market instability. They contend that existing support measures are sufficient and that increasing quotas beyond scientific advice is biologically and economically unsound.

The document argues that EU Member States have failed to achieve 'good environmental status' for their seas and calls for a shift in fisheries management from maximizing yield to ecosystem restoration. It proposes ten specific actions, including the protection of 30% of oceans by 2030, the prohibition of bottom-trawling in Marine Protected Areas, the removal of harmful fishing subsidies, and the implementation of a Global Ocean Treaty for areas beyond national jurisdiction.

ClientEarth argues that EU competition policy must be reshaped to internalise environmental externalities and support the Green Deal. The organization calls for an end to state aid for fossil fuels, a more holistic 'consumer welfare' test in antitrust and merger assessments that includes future generations, and increased transparency in state aid decision-making. It specifically recommends prohibiting aid to forestry biomass and fossil-based hydrogen, while introducing a 'green bonus' to incentivize truly sustainable innovation.

The document summarizes a ClientEarth conference session featuring experts who discussed the importance of strategic litigation, transparency, and the Aarhus Convention in achieving the green transition. Key discussions focused on the European Commission's proposal to revise the Aarhus Regulation, the limitations of the CJEU's Plauman judgment, and the tension between representative democracy and the long-term environmental goals pursued by NGOs.

The document outlines specific legal and systemic barriers to environmental justice in four European nations, highlighting issues such as restrictive standing for NGOs, lack of judicial specialization, and ineffective injunctive relief.

The report details five case studies on environmental litigation in Germany, Poland, the Netherlands, Austria, and Ireland. It examines the role of the Aarhus Convention and human rights in granting standing to NGOs and individuals, the impact of EU law on national forestry and air quality policies, and the obstacles facing environmental associations in accessing justice.

The Marine Conservation Society, ClientEarth, and Oceana urge the UK Government to align 2021 catch limits with scientific advice from the International Council for the Exploration of the Sea (ICES) to end overfishing. The authors advocate for the use of Maximum Sustainable Yield (MSY), the implementation of Remote Electronic Monitoring (REM) for depleted stocks, and a more ambitious bycatch-only limit for seabass. They emphasize the need for a precautionary approach to deep-sea stocks and the transition of non-quota species to TAC and quota management to address biodiversity and climate emergencies.

ClientEarth argues that while the EUTR and FLEGT Regulation have improved transparency in timber supply chains, significant gaps in enforcement, funding, and scope persist. The organization highlights a critical lack of staff and financial resources in EU Member States, uneven implementation that disrupts the market, and a low volume of compliance checks relative to the number of operators. It recommends expanding the EUTR's product scope, introducing stricter responsibilities for traders, and harmonizing penalties to ensure they are 'effective, proportionate and dissuasive'. Regarding FLEGT, ClientEarth notes its success in driving systemic law reform and civil society participation in producer countries but warns that the EU's reduced market weight and the technical complexity of Voluntary Partnership Agreements (VPAs) may hinder progress. Finally, it calls for new mandatory due diligence legislation to address forest conversion driven by commodities like soy, cocoa, palm oil, and beef.

The report evaluates how 27 UK seafood retailers, suppliers, and producers adhere to the SSC's voluntary codes for responsible sourcing and environmental claims. It finds high overall alignment, with 96% of members having sourcing policies in line with the codes and 88% meeting risk assessment requirements. However, it identifies inconsistencies in public transparency, the application of 'sustainably sourced' claims, and the assessment of marine ingredients in aquaculture feed. The report recommends updating the SSC website, expanding the scope of the codes to include pet food and flavourings, and incorporating human rights and IUU fishing into risk assessments.

The document argues that the post-2020 Common Agricultural Policy (CAP) proposal, as amended by the European Parliament and Council, undermines the European Green Deal, the Farm-to-Fork Strategy, and the Biodiversity Strategy. The signatories request the withdrawal of the proposal and the introduction of a new one that supports a transition away from industrial agriculture, noting that €387 billion of taxpayers' money is at risk of funding practices that drive rather than solve the climate and nature crisis.

The report evaluates EU progress toward ending overfishing by 2020, finding that more than half of the assessed TACs for 2019 still exceeded scientific advice. It highlights inconsistent adherence to advice for data-limited stocks and identifies several Member States that pushed for unsustainable catch limits.

The EU Ombudsman found that the Council of the EU committed maladministration by failing to provide timely and proactive access to legislative and environmental documents used to set fishing quotas in the Northeast Atlantic. Despite a recommendation to increase transparency, the Council declined to follow the Ombudsman's advice.

The EU Timber Regulation (EUTR), effective since March 2013, prohibits the placement of illegally logged timber on the EU market. It requires economic operators who first place timber on the market to implement a Due Diligence System (DDS) to assess and mitigate the risk of illegal logging, ensuring that timber with non-negligible risk cannot be sold.

The document critiques the Coal Replacement Bonus and the South Bonus introduced in Germany's Coal Phase-out Law, arguing that they overcompensate gas-based CHP plants, risk creating a carbon lock-in effect, and may delay the phase-out of hard coal by offering more attractive financial incentives than closure auctions.

The report examines the compatibility of environmental import restrictions with WTO rules, specifically the General Agreement on Tariffs and Trade (GATT). It argues that restrictions based on process and production methods (PPMs) are not prohibited per se and can be justified through the concept of 'likeness' or by invoking general exceptions under Article XX of GATT. The document also provides guidance on using Free Trade Agreements (FTAs) to modernise trade rules, suggesting the inclusion of hierarchy clauses and the recognition of domestic regulatory discretion to ensure environmental obligations prevail over trade commitments.

ClientEarth proposes a principles-based framework to standardize 'Paris-alignment' and 'net-zero' strategies for the private sector. The framework consists of three core principles—Reasonable, Transparent, and Accountable—supported by eleven 'Red lines' that act as non-negotiable requirements. These include setting net-zero targets for Scopes 1-3 by 2050 at the latest, prioritizing direct value chain reductions over offsets, and linking executive remuneration to target achievement. The paper emphasizes that financial institutions must specifically disclose how they influence Scope 3 emissions through investment and underwriting decisions to ensure real-world GHG reductions.

ClientEarth's submission to the Independent Review of Administrative Law (IRAL) emphasizes the constitutional importance of judicial review as a check on executive power and a tool for environmental protection. The organization argues that there is no evidence of a systemic imbalance in the current system and warns that hasty reforms could undermine the rule of law and the UK's obligations under the Aarhus Convention. Key recommendations include extending time limits for planning cases, introducing one-way costs shifting for public interest claims, and expanding the scope of available remedies to include the modification of decisions.

The document examines the Special Committee on Agriculture (SCA), a preparatory body created in 1960 that bypasses the Committee of Permanent Representatives (Coreper) when tabling work to the Council. ClientEarth argues this 'historic oddity' lacks a clear legal basis and conflicts with Coreper's exclusive competence to prepare Council work. Because the SCA is viewed as an 'expert group' focused on national interests rather than a horizontal policy perspective, the author suggests it may be structurally unable to ensure the environmental integration and consistency required by the European Green Deal, the Farm to Fork strategy, and the Biodiversity strategy.

ClientEarth advocates for the removal of fuel tax exemptions in the EU fisheries sector, arguing that these 'harmful subsidies' artificially lower costs, increase fishing capacity, and exacerbate overfishing. The document suggests that these exemptions disproportionately benefit large-scale vessels and super-trawlers, while small-scale fishers are more vulnerable. To achieve this, ClientEarth proposes revising the Energy Taxation Directive (ETD) and leveraging WTO negotiations. It recommends redirecting financial support toward low-impact, small-scale fishers through better quota access and the post-2020 European Maritime and Fisheries Fund (EMFF) to ensure a just transition and environmental sustainability.