‘When deciding whether to grant planning consent for development, the Environmental Impact Assessment (EIA) should consider the downstream, indirect greenhouse gas emissions effects of the development in some cases, the UK Supreme Court has ruled, demonstrating a significant development for environmental law.’
OUT-LAW.com, 20th June 2024
Source: www.pinsentmasons.com
‘The Supreme Court has ruled a local council should have considered the full climate impact of burning oil from new wells – a landmark decision that could put future UK oil and gas projects in question.’
BBC News, 20th June 2024
Source: www.bbc.co.uk
‘A marine conservation group has initiated legal action against the UK government, claiming the Conservatives’ decision to issue North Sea oil and gas licences without taking into account their impact on the environment was unlawful.’
The Guardian, 19th June 2024
Source: www.theguardian.com
‘The FCA’s long-awaited anti-greenwashing rule came into force on 31 May 2024. This rule is part of the wider Sustainability Disclosure Requirements regime and reflects the FCA’s strong commitment to ESG and to supporting the Government’s commitment to achieving net zero by 2050.’
Criminal Law Blog, 14th June 2024
Source: www.kingsleynapley.co.uk
‘The Supreme Court will next week (20 June) hand down its ruling in a landmark case about environmental impact assessments and downstream greenhouse gas emissions.’
Local Government Lawyer, 13th June 2024
Source: www.localgovernmentlawyer.co.uk
‘Three climate activists have been convicted of “interference with key national infrastructure” by marching in the road in west London for 20 minutes, in the new offence’s first test at trial.’
The Guardian, 15th May 2024
Source: www.theguardian.com
‘Organisations are feeling the pressure more than ever to offer sustainable and environmentally conscious products and services to consumers. However, with the push to appear more eco-friendly comes the risk of over-exaggerating or misleading others with statements about green credentials.’
Mills & Reeve, 16th May 2024
Source: www.mills-reeve.com
‘The government’s most senior law officer is to appeal against a decision not to allow a contempt of court action against climate campaigner Trudi Warner for holding a placard on the rights of jurors outside a British court, the Guardian can reveal.’
The Guardian, 15th May 2024
Source: www.theguardian.com
‘In this podcast produced by Lexis PSL, Christopher Badger and Mark Davies look at progress made under the 25 Year Environment Plan, publication of the Green Finance Strategy and more Environment Act 2021 Commencement Regulations.’
Six Pump Court, 18th April 2024
Source: 6pumpcourt.co.uk
‘ClientTEarth v Shell [2023] EWHC 1897 (Ch) is the first attempt to use the statutory shareholder derivative action (Part 11 Chapter 1 of the Companies Act 2006 (CA 2006)) to hold directors liable for breach of directors’ duties for issues related to climate change. A derivative action can be used by shareholders in limited circumstances to bring an action of recourse on behalf of the company. Derivative actions are typically used to protect minority shareholders. Therefore, its use in ClientEarth v Shell is of interest, especially considering the ongoing discussion on the role and purpose of business in society. Although company law has primarily focused on profits, the more modern view is that companies should exist for profit, public interests and societal goals (See British Academy, Reforming Business for the 21 st Century: A Framework for the Future of the Corporation). The ClientEarth case confirms and clarifies situations in which a claimant may obtain permission to continue a claim; and when an absolute liability may be imposed on directors for a climate change-related breach of director’s duty in shareholder derivative claims. It raises questions around the prospects of success for future claimants due to the difficulty in establishing sufficient legal merit; and the relationship between stage one and stage two of the statutory regime.’
Cambridge Law Journal, 3rd April 2024
Source: www.cambridge.org
‘In this episode Katherine Apps KC speaks with environmental law pioneer Stephen Tromans KC about similarities, differences and lessons which can be learned for AI from the development of environmental, nuclear, chemicals and contaminated land law. They touch on the balance between international and domestic legal toolmaking, the effectiveness, or otherwise, of human rights and the common law and how law can best work in the context of rapidly developing technology and complex market pressures.’
39 Essex Chambers, 19th April 2024
Source: www.39essex.com
‘In this episode, Camilla ter Haar and Ruth Keating are joined by Simon Sturgis. Simon Sturgis is widely recognised as an expert, an innovator and a lateral thinker in delivering a low carbon, resource efficient, built environment. He has led UK thinking and produced industry guidance for the RICS, RIBA, UKGBC, BCO and others which has already changed the way projects are designed and built in the UK.’
39 Essex Chambers, 19th April 2024
Source: www.39essex.com
‘A doctor who went to jail after a series of climate protests has been taken off the medical register for five months – and still faces being permanently struck off. The Medical Practitioners Tribunal Service (MPTS) – the disciplinary arm of the General Medical Council (GMC) – suspended Dr Sarah Benn on Tuesday, having found last week that her fitness to practise as a doctor had been impaired by reason of misconduct.’
The Guardian, 23rd April 2024
Source: www.theguardian.com
‘For many years, companies have been selling or promoting products under claims that they have high ethical, social and governance (ESG) and/or sustainability credentials. In many cases, these claims are accurate and can help in the ongoing efforts to create a more sustainable society. In other cases, however, ESG claims can be overstated or even false – this is greenwashing.’
Kingsley Napley Criminal Law Blog, 16th April 2024
Source: www.kingsleynapley.co.uk
‘Strasbourg Court fashions human rights out of climate change. David Hart KC discusses latest developments with Rosalind English.’
Law Pod UK, 10th April 2024
Source: audioboom.com
‘ClientEarth v Shell [2023] EWHC 1897 (Ch) is the first attempt to use the statutory shareholder derivative action (Part 11 Chapter 1 of the Companies Act 2006 (CA 2006)) to hold directors liable for breach of directors’ duties for issues related to climate change. A derivative action can be used by shareholders in limited circumstances to bring an action of recourse on behalf of the company. Derivative actions are typically used to protect minority shareholders. Therefore, its use in ClientEarth v Shell is of interest, especially considering the ongoing discussion on the role and purpose of business in society. Although company law has primarily focused on profits, the more modern view is that companies should exist for profit, public interests and societal goals (See British Academy, Reforming Business for the 21 st Century: A Framework for the Future of the Corporation). The ClientEarth case confirms and clarifies situations in which a claimant may obtain permission to continue a claim; and when an absolute liability may be imposed on directors for a climate change-related breach of director’s duty in shareholder derivative claims. It raises questions around the prospects of success for future claimants due to the difficulty in establishing sufficient legal merit; and the relationship between stage one and stage two of the statutory regime.’
The Cambridge Law Journal, 3rd April 2024
Source: www.cambridge.org
‘Extinction Rebellion and Just Stop Oil’s co-founder Roger Hallam has avoided imprisonment after attempting to bring disruption to Heathrow airport by getting involved in an action to fly toy drones in the vicinity.’
The Guardian, 5th April 2024
Source: www.theguardian.com
‘The case concerned the UK Government’s approval of UK Export Finance’s (“UKEF”) $1.15 billion investment in a liquified natural gas project in Mozambique. UKEF is the Government’s export credit agency and its aim is to ensure that no viable UK export fails for lack of finance or insurance from the private sector.’
Six Pump Court, 16th January 2024
Source: 6pumpcourt.co.uk
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