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1,012 documents from ClientEarth
Don’t forget we still need a net zero emissions target in UK law
ClientEarth calls on the UK government to fulfill its commitment to legislate a net zero emissions target. While the Committee on Climate Change (CCC) suggests that now is not the right time for such a target, ClientEarth argues that a legal target is necessary to signal international support for climate action, provide confidence to investors, and encourage the development of zero-carbon options and removal technologies. The document asserts that establishing a long-term goal does not undermine the immediate priority of meeting existing carbon budgets under the Climate Change Act, nor does it require a detailed 'bottom-up' plan for the distant future.
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Document type: Statement
Draft Commission Regulation amending the approval rules for endocrine disruptors set out in Annex II to Regulation (EC) No 1107/2009
ClientEarth contends that the European Commission is attempting to unlawfully modify the derogation mechanism for endocrine disruptors in pesticides. The organization argues that the approval mechanism is an 'essential element' of Regulation (EC) No 1107/2009, meaning it can only be changed by co-legislators through the ordinary legislative procedure, not by the Commission via delegated powers under Article 290 TFEU. Furthermore, ClientEarth asserts that the Commission's proposed shift toward a risk-analysis-based approach is less protective of human health and the environment than the existing system of limiting exposure to negligible levels.
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Document type: Statement
Open letter to the Energy Union cluster of Commissioners about Energy Market Design
The document argues that the Energy Market Design Initiative is essential for the success of the Energy Union and the implementation of the Paris Agreement. It outlines how market design can reduce energy poverty, boost security, and avoid fossil fuel lock-in by facilitating clean technology deployment. The authors call for specific actions, including the phase-out of coal by 2030, the promotion of energy efficiency and demand response, and the regulation of distribution system operators to support a decentralised energy system.
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Document type: Statement
Ensuring the market design initiative delivers: The need for a strong regulatory oversight role for ACER
This policy brief advocates for the empowerment of the Agency for Cooperation of Energy Regulators (ACER) to provide independent oversight of the EU energy market. It specifically recommends transferring the development of EU Network Codes from ENTSO-E to ACER, granting ACER oversight powers over a proposed EU-level body for distribution system operators (DSOs), and expanding ACER's role in monitoring adequacy assessments and cross-border transmission system operator (TSO) activities to prevent fossil fuel lock-in and ensure market competition.
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Document type: Policy brief
Addressing the risks of a weak legal framework governing forest conversion in Liberia
The document identifies six key risks in Liberia's forest conversion laws, including land use conflicts and community dispossession, and suggests reforms such as passing the Land Rights Bill and implementing multi-stakeholder land use planning.
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Document type: Briefing
Key features of credible Energy Union governance
The document argues that for the EU's 2030 climate and energy targets to be credible, governance must be embedded in legislation and based on transparency, accountability, and investor certainty. It recommends a mandatory system for Member States to set national contributions toward collective EU-level targets for renewable energy and energy efficiency, supported by 'ambition gap-filler' processes. The brief advocates for the creation of National Energy and Climate Plans (NECPs) that are coherent with 2050 decarbonisation goals and updated every two to three years. To ensure accountability, it proposes binding annual and biennial reporting, the empowerment of the Commission to issue Country-specific recommendations (CSRs) and require corrective action plans, and the establishment of a new independent EU-level expert body to support planning and evaluation.
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Document type: Policy brief
Comprehensive Economic and Trade Agreement (CETA) and the environment
The report argues that CETA fails to be a 'gold standard' for the environment, citing weak enforcement of environmental commitments, the risks posed by the Investment Court System (ICS), and the potential for increased imports of carbon-intensive tar sands oil. It highlights a lack of transparency in negotiations and suggests that the agreement's regulatory cooperation and domestic regulation chapters could hinder the EU's ability to implement ambitious climate and environmental policies.
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Document type: Report
The legal framework governing forest conversion in Liberia
The document analyzes the legal mechanisms for clearing natural forests for other uses in Liberia, highlighting a lack of national land use planning and poor coordination between government agencies. It examines the roles of the Forest Development Authority (FDA) and the Environmental Protection Agency (EPA), the status of community forest rights, and the challenges of integrating conversion timber into the Voluntary Partnership Agreement (VPA) with the European Union.
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Document type: Briefing
Technical measures and innovative fishing gears
The document examines the TCMF Proposal's provisions for 'innovative fishing gears', specifically focusing on pulse trawling. ClientEarth argues that Article 24 of the proposal lacks a clear definition of 'innovative' and an adequate burden of proof. It recommends that any gear designated as innovative must be proven to have lower negative impacts on marine ecosystems than conventional methods, based on independent evaluations by the STECF. Using pulse trawling as a case study, the briefing highlights significant knowledge gaps regarding its impact on benthic communities and non-target species, and warns against its use in Natura 2000 sites without meeting the Habitats Directive's integrity tests.
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Document type: Briefing
Technical measures and the procedural jigsaw
The document examines the TCMF Proposal's approach to combining common EU-level technical measures with regionalised measures. It argues that regional measures must be supported by robust scientific evidence to ensure they are at least as effective as baseline measures in achieving CFP and TCMF objectives. The briefing details how the regionalisation process under Article 18 of the CFP Basic Regulation links technical measures to discard plans and multiannual plans (MAPs), and discusses the necessity of coherence between fisheries management and EU environmental laws, such as the Nature Directives and the Marine Strategy Framework Directive.
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Document type: Briefing
The control and enforcement of fisheries in Poland
The report assesses Poland's compliance with the EU Control Regulation and IUU Regulation. While the 2014 Marine Fisheries Act established a necessary legal framework, the report finds that the system is overly complicated and lacks transparency. Data from 2016 indicates a surprisingly low rate of detected infringements compared to the number of inspections, suggesting a lack of effectiveness in detection or a lack of political will to implement sanctions. The report recommends improving inspection quality, providing guidance on administrative sanctions, increasing public access to the national register of infringements, and simplifying the legal framework.
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Document type: Report
The Missing 60%: What can investors do to secure improved climate voting by asset managers?
The document addresses the 'Missing 60%'—the discrepancy where asset managers support climate disclosure resolutions at companies like BP and Shell but oppose similar resolutions at US companies like Exxon and Chevron. It argues that trustees can use contractual mandates, the UK Stewardship Code, and the UNPRI to secure greater transparency and control over how their shares are voted. Specific recommendations include adding clauses to mandates for advance disclosure of voting intentions, utilizing Statements of Investment Principles (SIP) for segregated accounts, and challenging managers on conflicts of interest related to their own pension business.
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Document type: Guide
The EU in violation of the access to justice provisions of the Aarhus Convention
The Aarhus Convention Compliance Committee (ACCC) has found that the European Union fails to comply with the Aarhus Convention because neither the Aarhus Regulation nor the jurisprudence of the European Court of Justice (ECJ) provides adequate access to justice for the public. The ACCC identified that the 'Plaumann test' and strict 'individual concern' criteria effectively preclude NGOs and private individuals from challenging EU institutional decisions. Furthermore, the ACCC found that Regulation (EC) No. 1367/2006 (the Aarhus Regulation) is too narrow, as it limits internal review to 'administrative acts' of 'individual scope' rather than all acts and omissions that contravene environmental law. The ACCC recommends that the EU amend the Aarhus Regulation and that the ECJ interpret EU law to provide effective judicial remedies for members of the public.
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Document type: Statement
The market design initiative
The document advocates for a more coherent institutional framework within the EU to ensure that energy market design supports the 2030 and 2050 climate goals. It identifies a disconnect between the IEM's focus on free movement of gas and electricity and standalone climate legislation. Key recommendations include creating an independent regional institution (IRSO) for least-cost system balance, strengthening the independence and mandate of National Regulatory Authorities (NRAs), and expanding the oversight roles of ACER and ENTSO-E to explicitly incorporate flexibility and demand-side measures.
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Document type: Policy brief
Legal options for designing an indicator framework to support a credible Energy Union Governance System
The report argues that for the Energy Union Governance System to be credible, indicators must be rooted in law and serve both ex-ante planning and ex-post monitoring functions. It recommends a two-tier system of mandatory key indicators and supporting auxiliary indicators, integrated into National Energy and Climate Plans (NECPs). The author suggests that these indicators should trigger a differentiated response mechanism, ranging from non-binding Country-Specific Recommendations for minor deviations to mandatory corrective action plans and punitive measures for serious failures to meet binding targets. To ensure objectivity, the report proposes strengthening the role of independent expert bodies, such as the European Environment Agency (EEA), and utilizing a public scoreboard to increase transparency and accountability.
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Document type: Report
Mind the Gap
ClientEarth asserts that while the UK's Climate Change Act 2008 is legally ambitious, successive governments have failed to implement the necessary governance to meet long-term targets. The report highlights a persistent 'policy gap' for the fourth carbon budget and a decline in investor confidence due to abrupt policy shifts, such as the withdrawal of carbon capture and storage (CCS) funding. It recommends the urgent publication of a detailed, annually updated Emissions Reduction Plan and the restoration of cross-departmental coordination and transparent emissions tracking.
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Document type: Report
A Governance Instrument fit for purpose: is the MMR up to the task?
The policy brief assesses the suitability of the Monitoring Mechanism Regulation (MMR) as a foundation for a new EU Governance Instrument. It argues that while the MMR provides a basis for reporting, it lacks the compliance mechanisms, prescriptive planning requirements, and public transparency needed to effectively drive the 2030 Energy Union objectives. The authors recommend that the new instrument include direct corrective provisions for non-compliance, consistent methodologies for projections in NECPs, and structured processes for stakeholder participation to move beyond a 'technical box-ticking exercise'.
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Document type: Policy brief
Info-brief: EUTR enforcement in Italy
The document outlines Italy's legal framework for the EUTR, the resources allocated for its enforcement, the penalty regime for infringements, and the avenues available for NGOs to challenge illegal timber trade.
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Document type: Briefing
Info-brief: EUTR enforcement in Germany
The document outlines Germany's legal framework for the EUTR, specifically the Holzhandels-Sicherungs-Gesetz (HolzSiG), and details the roles of the Bundesanstalt für Landwirtschaft und Ernährung (BLE) and regional authorities. It describes the penalty regime, which includes criminal sanctions for intentional offences and administrative fines up to €50,000. Enforcement data shows that between mid-2013 and January 2016, the BLE checked approximately 370 operators, finding around 50 in breach. The brief also notes challenges regarding legal standing for challenging CA inaction in administrative courts.
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Document type: Briefing
Info-brief: EUTR enforcement in the UK
The document outlines the UK's legal framework for the EU Timber Regulation (EUTR), identifying the Regulatory Delivery as the Competent Authority. It details the penalty regime for illegal timber placement, reports on enforcement activities between 2013 and 2015, and highlights systemic weaknesses regarding the lack of formal appeal procedures and the difficulty for NGOs to obtain legal standing to challenge operators.
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Document type: Briefing