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ClientEarth proposes amendments to a proposed EU regulation to ensure the European Parliament can scrutinize and oppose implementing acts. The briefing argues that 'control by Member States' should include the European Parliament as representatives of citizens. Proposed changes include a right of scrutiny to flag power excesses, guaranteed public access to documents under Regulation 1049/2001, and the ability for the Parliament to oppose or amend draft measures in the examination procedure based on legality, subsidiarity, or proportionality.

ClientEarth advocates for the implementation of comprehensive framework climate laws (FCLs) to bridge the gap between political ambition in NDCs and domestic action. The brief highlights that current climate commitments are insufficient, with a projected temperature rise of 2.4°C to 2.6°C even if existing NDCs are met. It calls on countries to submit science-driven NDCs by February 2025 and to enshrine these in binding national laws by COP30. The document also details recent international legal precedents from the ICJ, ITLOS, and ECHR that strengthen the legal obligations of states to protect human rights and the environment from climate harm.

The briefing argues that the EU must move beyond simply cleaning up its own supply chains to create 'win-win' Forest Partnerships with developing countries. These partnerships should address root causes of deforestation—such as poverty and weak land tenure—while supporting Indigenous Peoples, small-scale producers, and nature-based solutions to meet Paris Agreement and CBD objectives. The authors recommend leveraging the Neighbourhood, Development and International Cooperation Instrument (NDICI) for funding and using 'Forest Diplomacy' to encourage other major consuming regions to adopt similar measures.

The report advocates for the use of legal frameworks to bridge the gap between climate ambition and action following the COP28 Global Stocktake. It calls for the enactment of comprehensive national framework climate laws by COP30, the operationalisation of the loss and damage fund with a human rights focus, and a legally mandated phase-out of fossil fuels. ClientEarth emphasizes the role of international courts in clarifying state obligations and suggests adopting demand-reduction strategies for fossil fuels similar to the WHO Framework Convention on Tobacco Control to combat greenwashing.

The document outlines the procedures for requesting information from EU institutions under Regulation 1049/2001 and the Aarhus Convention. It explains the broader definition of 'environmental information' under EU law, the specific obligations of institutions to provide access, and the various exceptions they may invoke to refuse requests. It further guides users through the process of making initial and confirmatory applications, and the legal avenues available for challenging denials, including the European Ombudsman and the General Court.

The EEB and ClientEarth submission to ECHA argues for a comprehensive restriction on intentionally added microplastics, warning that ECHA may prematurely narrow the scope of restrictions through unjustified derogations. The authors advocate for treating microplastics as non-threshold substances, similar to vPvB or PBT substances, due to their persistence and ability to bioaccumulate. They highlight the role of microplastics in transporting persistent organic pollutants (POPs) and leaching endocrine-disrupting additives into the environment and human body. The submission supports a broad definition of microplastics that includes liquid polymers and compostable bioplastics, and emphasizes the need to consider the high exposure risks associated with nanoplastics.

The analysis finds that the NAPCP provides a more robust legal framework for meeting emission reduction commitments than the EIP, offering higher transparency, stricter review mechanisms, and mandatory public consultation.

The document argues that clause 37(8) of the Environment Bill would severely undermine the efficacy of the environmental review process by imposing a mandatory restriction on the High Court's ability to grant remedies, even in cases of serious environmental law breaches.

The document discusses a legal challenge by ClientEarth and the Marine Conservation Society regarding the 2019 EU Exit Regulations. It highlights a High Court ruling that new powers to 'adapt' the national site network and requirements for 'proportionate' conservation status must not be used to undermine the Habitats Directive or water down environmental protections. It also addresses new wording regarding 'distinct' areas for aquatic species, asserting it should not be used to delay site designations.

ClientEarth advocates for a mandatory due diligence framework for all companies placing forest-risk commodities on the EU market, arguing that such a measure would be more effective than voluntary schemes or certification. The organization emphasizes that due diligence must extend beyond mere compliance with producer-country laws to include the protection of indigenous peoples' land rights and other natural ecosystems. Additionally, ClientEarth calls for the inclusion of the financial sector in the legislation, the strengthening of forest partnerships with producer countries, and the reform of Free Trade Agreements to ensure binding environmental and social standards.

ClientEarth is an environmental charity that employs legal expertise to enforce environmental laws and shape new policies. Its five-year strategy focuses on accelerating the transition to a net zero carbon economy by pressuring governments and companies to uphold the Paris Agreement, eliminating coal power in Europe by 2030, and reducing illegal air pollution. The organization also targets the protection of oceans, forests, and wildlife, specifically focusing on sustainable fishing quotas in the EU by 2020 and securing community forest rights in Central and West Africa. Additionally, ClientEarth works to expand access to justice and modernize environmental governance in China.

The document argues that Strategic Environmental Assessments (SEA) are essential, self-standing legal obligations that must be conducted prior to the adoption of plans to effectively influence policy and assess cumulative climate impacts. It specifically contends that for fossil fuel projects, failing to assess 'downstream' emissions—which can exceed extraction emissions by up to 900%—renders an assessment partial and misleading. ClientEarth links these procedural requirements to the European Convention on Human Rights, asserting that fossil fuel extraction constitutes 'dangerous industrial activities' and that the principle of intergenerational equity requires the Court to consider the disproportionate risks posed to future generations and young people under Articles 2 and 8 of the Convention.

The document argues that the EU is failing to meet its 2020 goal of ending overfishing due to Total Allowable Catches (TACs) being set above scientific advice, particularly by certain Member States. It recommends following scientific advice to achieve Maximum Sustainable Yield (MSY), properly enforcing the landing obligation, increasing transparency in the TAC-setting process, and ensuring honest reporting on progress.

The report provides a comparative analysis of community forestry laws across five Congo Basin countries, detailing the legal basis, duration, surface area, and allocation processes for community forests. It highlights significant systemic weaknesses, including the lack of recognition for customary land rights, complex bureaucratic procedures, and the risk of elite capture, which hinder the effectiveness of community-led forest management in the region.

The document calls for Parties to the Paris Agreement to submit ambitious NDCs 3.0 by February 2025 and to operationalize these targets through domestic Framework Climate Laws (FCLs). It emphasizes that while NDCs are not legally binding, FCLs can provide the necessary statutory framework, parliamentary oversight, and financial allocation to achieve 1.5°C pathways. The authors outline specific benchmarks for robust NDCs, including economy-wide targets and carbon budgeting, and propose five guiding principles for the next generation of FCLs, focusing on human rights, alignment with the Paris Agreement, and progressive strengthening over time.

The report concludes that EU capacity ceilings are not a major obstacle to decarbonisation, as most Member States have available room to increase gross tonnage (GT) and kilowatt (kW) capacity. It proposes a stepwise transition: first improving energy efficiency (reducing fuel use by ~30%), then adopting hybrid solutions (potentially reducing emissions by 79% combined), and finally moving toward full decarbonisation using alternative fuels like methanol. The authors argue that decommissioning fuel-inefficient vessels to combat overfishing creates a 'win-win' by freeing up capacity for the energy transition.

ClientEarth warns that Brazilian Bill 490/2007 restricts Indigenous land demarcation to areas occupied by 1988, potentially impacting over 300 pending cases and increasing vulnerability to illegal land grabbing. The organization argues that denying these rights threatens biodiversity in the Amazon and Cerrado, contributing to global greenhouse gas emissions.

The document assesses plastic pollution in China, highlighting significant production and leakage into oceans, and contrasts this with the EU's comprehensive regulatory framework. It details EU strategies such as the Waste Framework Directive, Extended Producer Responsibility (EPR), and the 'Plastics 2030' strategy, which aims for 100% reusable or recyclable plastic packaging by 2030. The report suggests China adopt similar integrated land-sea management, eco-design standards, and international cooperation to combat plastic waste.

The LIFE-A2J-EARL project focused on reducing the 'implementation deficit' of EU environmental law, which is estimated to cost approximately €50 billion annually. To address this, the project provided training, legal toolkits, and a comprehensive guide on access to justice to judiciary members, public authorities, and NGOs across nine EU countries. Key outputs included the development of national toolkits for eight countries and a 'Guide on Access to Justice in European Union Law'. Despite the COVID-19 pandemic, the project exceeded its training targets, reaching 2,090 participants through workshops, training sessions, and webinars, and attracting 285 attendees to a virtual international conference. The project's digital outreach included 163 website articles and a newsletter with over 700 subscribers. Socio-economic impacts identified include increased knowledge of the Aarhus Convention, enhanced cooperation between stakeholders, and the empowerment of NGOs to challenge decisions breaching environmental legislation.

The Energy Charter Treaty (ECT) is criticized for allowing fossil fuel investors to use Investor-State Dispute Settlement (ISDS) to challenge climate policies, such as the Netherlands' phase-out of fossil fuels by 2030. While the EU has attempted to modernize the ECT, the requirement for unanimity among 56 contracting states has stalled progress. The document argues that withdrawal is a viable alternative, provided that the 20-year 'survival clause'—which continues to protect existing investments after withdrawal—is neutralized. Using the Vienna Convention on the Law of Treaties (VCLT), the authors argue that a group of states can legally modify the treaty 'inter se' to extinguish this clause because the ECT consists of reciprocal bilateral relations rather than obligations binding on all parties. Such a coordinated withdrawal would immediately end treaty-based fossil fuel protection and ISDS for the withdrawing states, reducing legal risks and aligning with EU climate objectives.