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The document argues that Article 113 of the Control Regulation allows EU Member States to unconditionally veto the disclosure of fisheries data, which contradicts the Aarhus Convention, the EU Charter of Fundamental Rights, and Regulation 1049/2001. It criticizes the General Court's judgment in Malta v Commission for upholding this veto power without requiring a statement of reasons. ClientEarth proposes amending Article 113 to require reasoned refusals and explicitly align the regulation with EU and international transparency frameworks.

The document is an annex listing fish species and TAC codes excluded from a core analysis due to data gaps or mismatches. Reasons for exclusion include unavailable advice, area mismatches, and unclear data.

The report finds that the EU missed its 2020 deadline to end overfishing, with nearly half of the analyzed TACs for 2020 still exceeding scientific advice. It highlights a systemic failure to follow precautionary advice for data-limited stocks and a tendency to prioritize target stocks over bycatch stocks. The analysis identifies specific Member States—including France, Ireland, and Spain—as frequently pushing for unsustainable catch limits based on unsubstantiated socio-economic claims. The document also criticizes the lack of transparency in the TAC-setting process and the potential for misleading reporting by the European Commission.

A coalition of food, farming, climate, and health organisations calls for a paradigm shift in the Common Agricultural Policy (CAP) to support agroecology and sustainable food systems. The authors argue that the CAP must be reformed to integrate Green Deal targets, eliminate subsidies for harmful practices like intensive animal production, and provide financial incentives for farmers to reduce pesticide use and restore ecosystems.

The report argues that the UK, the Netherlands, and Germany are in breach of the EU Habitats Directive by failing to implement effective management measures for the Dogger Bank SACs. It concludes that most bottom-contacting fishing gears cause significant harm to the H1110 sandbank habitat and should be halted to restore the site's integrity.

The document describes a body of Polish case law focused on nature protection, developed under the LIFE15 GIE/PL/000758 project led by the Polish General Directorate for Environmental Protection. It aims to address the issue of law enforcement authorities failing to refer judgements to judicial authorities by increasing legal knowledge and improving cooperation between these bodies to better punish environmental crimes.

The letter argues that the Just Transition Fund must be fossil fuel-free to align with the EU Green Deal and the 1.5°C global temperature goal. It criticizes the REGI Committee for a position that could allow new fossil gas investments, noting that methane is the "second most damaging greenhouse gas" and that renewable energy investments create "up to three times more jobs per euro invested" than fossil fuels.

ClientEarth, the Marine Conservation Society, and Oceana urge the UK Government to set 2021 catch limits based on the best available scientific advice from ICES, specifically advocating for limits not exceeding the maximum sustainable yield (MSY). The recommendations emphasize a precautionary, ecosystem-based approach, particularly for deep-sea stocks and depleted species like Atlantic cod and whiting. Key proposals include the mandatory rollout of Remote Electronic Monitoring (REM) for vessels over 10m, the implementation of Fish Stock Recovery Areas, and the use of highly selective fishing gear to reduce bycatch. The authors argue that restoring fish stocks to healthy levels would increase the value of fish landings by an estimated 37% and create over 5,000 new jobs.

The Sustainable Seafood Coalition (SSC), representing major UK seafood buyers, argues that the Fisheries Bill as drafted contains weaknesses that could undermine the sustainability of UK fisheries. The coalition calls for legal commitments to set fishing limits at or below maximum sustainable yield (MSY), the implementation of remote electronic monitoring (REM) across all vessel sizes, and a commitment to co-manage shared stocks based on scientific advice to avoid overfishing and illegal fishing.

ClientEarth argues that the European Commission's Offshore Renewable Energy Strategy must strictly adhere to environmental laws and the Aarhus Convention to avoid litigation and ensure sustainability. The organization emphasizes the need for regional cooperation and the harmonization of EU rules regarding grid access and offshore hybrid assets to efficiently scale offshore wind capacity, which is expected to reach over 250GW by 2050.

ClientEarth submits that the German Coal Exit Law (KAG) provides incompatible State aid through the Steinkohlezuschlag (hard coal closure compensations) and CHP conversion bonuses. The document argues that older hard coal plants (over 25 years) lack residual value, meaning compensations would result in overcompensation and lack an incentive effect. Furthermore, it claims that CHP funding—specifically the Coal Substitute and South Bonuses—may discourage rapid coal phase-out by offering more attractive financial terms than closure auctions and by promoting unsustainable fuels like natural gas and biomass. ClientEarth calls for a formal Commission investigation into these measures, citing potential violations of Articles 7, 9, and 11 TFEU regarding environmental protection and sustainable development.

The document asserts that CAP National Strategic Plans fall under the scope of the Strategic Environmental Assessment (SEA) Directive, meaning Member States must conduct scoping, public consultation, and reporting regardless of whether the specific CAP SP Regulation has been formally adopted. It provides a legal framework for environmental NGOs to demand meaningful participation, including early access to draft plans and environmental reports, and the requirement that stakeholder opinions be integrated or justified if rejected.

The report argues that the EU Commission should integrate climate and environmental protection objectives into its State aid decision-making process to ensure that national economic recovery programmes are consistent with the European Green Deal and the goal of climate neutrality by 2050.

The document identifies critical gaps in the EU's approach to endocrine-disrupting chemicals (EDCs), noting that current laws fail to account for non-monotonic dose responses and the irreversibility of EDC effects. It argues that the EU has a legal and moral obligation under the precautionary principle to prevent harm, particularly to vulnerable populations like children. To address these failures, the brief proposes three primary actions: launching a broad REACH restriction for already identified EDCs based on existing lists, updating chemical screening systems through implementing acts and guidance to eliminate 'blind spots', and adopting a new legislative act to create a coordinated, continuously updated EU list of EDCs that automatically triggers regulatory consequences across all sectors.

The document argues that the CAP's governance structure is too weak to guarantee the achievement of the European Green Deal (EGD) targets. It highlights that the European Commission lacks the legal power to reject national Strategic Plans (SPs) based on non-binding EGD strategies, cannot force modifications to plans even when they conflict with EU environmental legislation, and possesses monitoring tools—such as interim evaluations—that lack binding legal consequences for Member States.

The briefing examines a draft contract for Germany's lignite phase-out, specifically focusing on a waiver clause designed to stop operators from using international investment arbitration. While the clause allows the government to stop compensation payments if violated, it cannot bind foreign shareholders, who may still initiate claims under the Energy Charter Treaty (ECT) or bilateral investment treaties.

The CJEU clarified that project consents granted based on plans or programmes that bypassed the Strategic Environmental Assessment (SEA) Directive must generally be annulled, regardless of whether construction has already started. The Court reaffirmed that exceptions to this rule—such as avoiding an environmental legal vacuum or ensuring the security of energy supply—must be interpreted narrowly and cannot be used to justify the continued operation of a limited number of wind turbines.

ClientEarth argues that the German coal phase-out law (KVBG) and its implementing contract provide excessive state aid to lignite operators, specifically LEAG and RWE. The organization claims that the lack of a transparent calculation formula masks overcompensation totaling nearly €2 billion. Furthermore, ClientEarth asserts that using these funds to cover the recultivation of opencast mines violates the polluter pays principle, as such costs are already legal obligations of the mine operators under German mining law.

ClientEarth urges the European Commission to implement strict, mandatory regulations on methane emissions across the fossil fuel and agriculture sectors. The organization argues that the EU, as the world's largest importer of fossil gas, has the commercial power to mandate low-emission supply chains. Key recommendations include expanding the EU Emissions Trading System (ETS) to cover methane, introducing a Carbon Border Adjustment Mechanism (CBAM) for methane-emitting imports, and reforming the Common Agricultural Policy (CAP) to end subsidies for intensive livestock production. ClientEarth also highlights the health risks of indoor gas appliances and the need to counter industry misinformation by replacing the term 'natural gas' with 'fossil gas'.

ClientEarth argues that the UK government's proposed approach to retaining EU CO2 emission standards is insufficient and potentially weakens regulatory requirements. The organization urges the government to adjust the vehicle mass baseline (M0) to reflect UK averages, reduce sales volume derogation thresholds, and introduce a binding zero exhaust emission vehicle (ZEEV) mandate to phase out petrol, diesel, and hybrid vehicles by 2030.