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1,012 documents from ClientEarth
Communities’ rights – the need for recognition
The document argues that formal legal recognition of customary land tenure and the inclusion of local communities in decision-making are essential for protecting both forest ecosystems and the livelihoods of indigenous peoples. It identifies key legal barriers—such as complex registration processes and a lack of implementing legislation—that lead to risks of eviction, land disputes, and land scarcity. The factsheet advocates for the integration of Free, Prior and Informed Consent (FPIC) into national laws and provides a checklist of questions to guide law-makers through legal reform.
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Document type: Fact sheet
Meeting request – Revision of the EU Fisheries Control System
A coalition of NGOs, including ClientEarth and WWF, is calling on the European Commission to reverse its decision to replace a standard open public consultation with 'targeted consultations' for the revision of the fisheries Control Regulation. The organisations argue that the rushed process contradicts the Commission's Better Regulation Guidelines and prevents a thorough impact assessment on critical issues such as Illegal, Unreported and Unregulated (IUU) fishing.
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Document type: Statement
10 years in: time for ECHA to disseminate strategic information to empower third parties
The report argues that while ECHA has made some progress in transparency, it continues to withhold critical data on tonnage bands, exposure scenarios, and non-compliant companies, thereby hindering the ability of civil society, investors, and innovators to promote safer chemical alternatives.
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Document type: Report
Input to the EU Fisheries Council Meeting, 11-12 December 2017
A joint statement from five NGOs urging EU Fisheries Ministers to set 2018 fishing quotas (TACs) within scientific limits to meet the 2020 legal deadline for maximum sustainable yield (MSY). The recommendations focus on adhering to scientific advice, correctly implementing the landing obligation, and increasing the transparency of the TAC-setting process.
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Document type: Statement
Joint NGO recommendations on fishing opportunities for 2018 Northeast Atlantic and North Sea stocks
The briefing urges the Council to set Total Allowable Catches (TACs) within scientifically advised levels to meet the 2020 deadline for Maximum Sustainable Yield (MSY). It specifically calls for the removal of bycatch footnotes that exceed scientific advice, the introduction of measures for stocks without TACs—including adding European eel to the prohibited species list—and increased transparency in the decision-making process to address mismatches between management areas and scientific stock assessment units.
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Document type: Briefing
Annex II Joint NGO recommendations for 2018 total allowable catches For selected Northeast Atlantic and North Sea stocks
The document presents a series of TAC recommendations for 2018 for selected fish stocks in the Northeast Atlantic and North Sea. The NGOs argue for limits that align with scientific advice from ICES, often recommending lower catches than the European Commission's proposals to prevent overexploitation, particularly for stocks not meeting Common Fisheries Policy (CFP) objectives.
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Document type: Briefing
Risky business
The document argues that climate change is a material financial risk that UK auditors must integrate into their work to avoid legal and regulatory sanctions. It details how climate risk affects annual accounts (e.g., asset impairments) and other reporting (e.g., strategic reports), noting that auditors may be liable for 'material misstatements' or breaches of their duty of care. The paper highlights rising investor pressure for 'climate-competent auditors' and provides action points for firms to manage these risks.
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Document type: Research paper
ClientEarth's written contribution to the revision process of the EU Fisheries Control System
ClientEarth's submission argues that the revision of the EU Fisheries Control System must prioritize the implementation and enforcement of existing rules over the creation of new ones. The organization opposes the 'regionalisation' of control measures, fearing it would weaken standards and create a 'race to the bottom'. Key recommendations include removing VMS and logbook exemptions for vessels between 12 and 15 metres, introducing electronic reporting and geo-tracking for small-scale fisheries (below 12 metres), and establishing stricter rules for the certification of engine power and gross tonnage. ClientEarth also advocates for the inclusion of recreational fisheries under licensing and reporting obligations for stocks subject to recovery plans or multiannual plans. Finally, it calls for a more transparent reporting system, an expanded role for the European Fisheries Control Agency (EFCA), and a more rigorous application of the penalty point system for serious infringements.
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Document type: Statement
Meeting request – Revision of the fisheries Control Regulation
A group of environmental NGOs is calling for the European Commission to follow due process and conduct open public consultations rather than 'targeted consultations' during the revision of the EU fisheries Control Regulation.
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Document type: Statement
Risky business
The document argues that climate change creates material financial risks that UK defined benefit (DB) pension trustees are legally required to manage. Consequently, investment consultants may face legal liability, regulatory sanctions, and reputational damage if they fail to provide advice that accounts for these risks in areas such as Statements of Investment Principles (SIP), asset allocation, and manager selection. It highlights an emerging industry standard where failure to address climate risk could be viewed as a breach of the duty of care.
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Document type: Research paper
Risky business
The document argues that climate risk is now a financially material factor that UK DB pension actuaries must address to avoid legal negligence claims, regulatory sanctions, and professional misconduct findings. It details how climate risk impacts investment strategies, funding assumptions, and employer covenants, and provides a framework for actuaries to manage these liabilities.
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Document type: Research paper
Advocate General Sharpston gives opinion on Protect v Bezirkshauptamnnschaft Gmuend
The document examines an opinion by Advocate General Sharpston on the case Protect v Bezirkshauptamnnschaft Gmuend. It highlights the AG's view that environmental NGOs must have access to courts to challenge acts adopted under laws implementing the Water Framework Directive and should be able to participate in administrative procedures at an early stage. The commentary notes that the AG's broad approach could enhance the effectiveness of EU environmental law by preventing Member States from imposing restrictive criteria on NGO challenges to EU directive obligations.
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Document type: Legal commentary
EU Court enforces transparency obligations in Commission administrative procedures
The European Court of Justice ruled that the European Commission cannot use the exception for protecting its decision-making process to withhold all documents related to an administrative procedure, particularly when those documents contain environmental information. In a case involving Saint-Gobain and free emission allowances under the EU emissions trading scheme, the Court found that only documents revealing the actual deliberations of decision-makers can be kept secret, while other documents must be disclosed. The ruling emphasizes a strict interpretation of transparency exceptions in line with the Aarhus Convention.
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Document type: Legal commentary
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
FRC failures are increasing risks for investors
The FRC is criticized for an 'oversight and enforcement gap' regarding climate-related financial risk, evidenced by its handling of complaints against oil and gas companies and its resistance to TCFD recommendations. These failures are compounded by structural weaknesses in the FRC's governance, transparency, and accountability, including a lack of a clear legislative basis and limited accountability to Parliament and the public.
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Document type: Briefing
Proposal for a Regulation on the Governance of the Energy Union Joint Briefing: The Case for a Multi-level Climate and Energy Dialogue Platforms
The document advocates for a shift in the EU Energy Union's governance from a top-down administrative process to a participatory model. It specifically proposes 'Multi-Level Climate and Energy Dialogue Platforms' to integrate the expertise and actions of cities and regions into National Energy and Climate Plans (NECPs). The authors argue that current Commission proposals treat local actors as mere side stakeholders and suggest that permanent national structures, aligned with the Aarhus Convention, are necessary to achieve the EU's 2050 decarbonization goal. The briefing provides examples of successful local-national coordination in Ireland, Luxembourg, Croatia, France, and the Netherlands.
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Document type: Briefing
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