Today, a coalation of four environmental groups launched legal action against the European Commission over its refusal to release documents revealing the true environmental impacts of biofuels. The documents contain previously undisclosed information on the
negative climate impacts of widespread biofuels use in the EU. The
lawsuit, brought by ClientEarth, Transport & Environment, the
European Environmental Bureau and BirdLife International, alleges
several violations of European laws designed to promote transparency,
democracy, and legitimacy in EU policy-making.
February 2010 | Read our analysis With the entry into force of the Lisbon Treaty in December 2009, significant changes to the workings of the European Union are beginning to take shape.
ClientEarth has undertaken a first-of-its-kind review of the Lisbon Treaty, evaluating its impact from an environmental perspective on both climate and energy and marine conservation and fisheries policies.
This briefing explores the potential for EU Member States to adopt national measures stricter than those established in the EU legislation based on Article 114 of the Treaty on the Functioning of the European Union (formerly Article 95 of the EC Treaty). It is a study of the Ecodesign and Energy Labelling Directives.
Common Fisheries Policy Green Paper response - the legal issues
ClientEarth and the Marine Conservation Society (MCS) have merged science and law to produce a proposal driving wholesale, fundamental reform of the Common Fisheries Policy (CFP) with the ultimate goal of achieving ecologically sustainable fisheries. Their proposal is built on an ecosystems-based approach, the precautionary principle and the effective integration of environmental and fisheries considerations, and it introduces a new Fishing Credits System (FCS). The FCS gives fishers in defined (eco-)regions yearly ‘credits’ allowances which relate to most species likely to be impacted by fishing activity (including species normally discarded). It allocates them a specific number of credits which are weighted according to ecosystems criteria, such as the species’ vulnerability to overexploitation or the impact of the species’ removal on the food web. The proposal also involves a discard ban.
This document provides a two-page overview of ClientEarth's background, ethos and some of its activities. More information on each individual programme is available in the Our work section of this website.
ClientEarth report: The UK Climate Change Act 2008 – Lessons for national climate laws
This ClientEarth report by Karla Hill is an independent review for Friends of the Earth and the European Climate Foundation. The report looks at the UK’s experience developing and implementing the Climate Change Act and examines lessons and key design issues for national legal frameworks on climate change. The core concepts in the UK framework (science-based legal targets, carbon budgets and accounting and the institutional arrangements) need to be translated into specific national situations to create effective and workable regimes that meet national political and legal needs.
This work was initiated as part of a project organised by Friends of the Earth, the European Climate Foundation and the Foreign and Commonwealth Office to develop a series of seminars on national climate legislation for legislators, policymakers and civil society in European capitals. The report draws on interviews with officials at the UK’s department of energy and climate change, the committee on climate change and Friends of the Earth, which have all played important roles in relation to the Climate Change Act.
Briefing: WTO Implications of the Illegal-Timber Regulation
In ClientEarth's second publication on Australia's carbon pollution reduction scheme (CPRS) we provide advice on Australia's emissions reduction targets. Our analysis warns against locking in to an inadequate target range.
Briefing: Specification of Penalties for Noncompliance with the Illegal-Timber Regulation
Our analysis clarifies the relevant statutes and case-law regarding the EC legislature’s competency to establish minimum administrative and criminal penalties for noncompliance with the Illegal-Timber Regulation.
Briefing: Due Diligence in the Illegal-Timber Regulation
ClientEarth's analysis clarifies the conceptual legal framework underpinning the new due-diligence requirements under both the Commission proposal and Parliament amendments.
Comparative analysis: Australia's carbon pollution reduction scheme - part 1
As part of its Australian project ClientEarth has published the first part of its analysis comparing the nation's carbon pollution reduction scheme (CPRS) with international standards.
On 17 December 2008, the European Commission made a statement related to State aid for power stations. ClientEarth considers that the statement does not comply with EC Treaty rules which require any State aid to go beyond community standards. This issue was first raised in our analysis of the final conclusions of the European Council, when we alerted key MEPs, the Commission, the Presidency and permanent representations. We made a formal request for the Commission to conduct an internal review of its statement of 17 December in January 2009.
Ecofys report: Scenarios on the introduction of CO2 emission
performance standards for the EU power sector
A new report by consultancy, Ecofys, examines the potential for emission performance standards (EPS) to deliver major emissions reductions in the EU power sector, considering a range of scenarios. The report found that new EPS for power stations would deliver massive CO2 savings in the most cost-effective way. The report was launched in Strasbourg on 13 January 2009 in advance of consideration by the European Parliament of amendments to introduce emissions limit values in the EU legislation.
Legal analysis of European Council conclusions December 2008: EU climate and energy package
The final elements of a compromise on the EU’s major climate and energy legislative package were agreed by the European Council on 11 and 12 December 2008. The agreement at the Council has been hailed as an 'historic' marker of European leadership on climate protection and reducing carbon dioxide (CO2) emissions.
Our analysis of the package, in particular the cornerstone policy of the EU Emissions Trading Scheme (EU ETS), indicates very significant weakening in key areas which may impact on the environmental effectiveness of the ETS. This legal briefing analyses the main conclusions of the Council, with a particular focus on key departures from the proposals on the EU ETS (2008/0013(COD).
Amendments to introduce a CO2 emissions limit value in the IED/IPPC Directive
The EU’s legislative framework for Integrated Pollution
Prevention and Control (IPPC) is currently being revised. The European
Commission’s proposal for a Directive on Industrial Emissions would bring
together seven existing directives into a single coherent legislative
instrument. Amendments were put forward in the European Parliament to introduce
an emissions performance standard (EPS) for CO2 emissions from
certain large combustion plants. The legal basis for the admissibility of these
amendments was challenged.
ClientEarth provided a legal briefing to members of the
Environment Committee confirming the legal basis for the admissibility of the
amendments. In January 2009 the Chair of the Environment Committee refused to
allow the amendments to be considered by the Committee. The legislation will be
the subject of further debate and consideration in 2009, and EU law-makers
should consider the option of an EPS for CO2 emissions.
An emissions performance standard as the regulatory alternative to capture-readiness
In October 2008, ClientEarth contributed to a Green Alliance publication titled: 'A Last Chance For Coal: Making Carbon Capture and Storage a Reality' (p. 36). The article by Karla Hill and Tim Malloch, staff lawyers in our London office, criticised the EU's draft Directive on Carbon Capture and Storage for its vague definition of "capture ready", and proposed a California-style emissions performance standard as a workable, effective alternative.
Laying the Regulatory Foundations for Carbon Capture and Storage in the EU
This report was commissioned by the European Climate Foundation to provide a legal analysis of the regulatory framework for licensing carbon capture and storage-related activities, in particular the issues around geological storage and transport of carbon dioxide.
EU climate and energy package: analysis of draft conclusions of the French presidency
The draft conclusions of the French presidency, released in advance of Council meetings on 15-16 October, raise serious concerns about the final shape of the EU climate and energy package. ClientEarth has prepared a briefing setting out our legal analysis of the draft conclusions, which concludes that five key elements of the proposed approach could put at risk the overall effectiveness, coherence and credibility of the EU’s climate and energy policy.
Legal briefing on corrective measures and liability for CO2 storage
ClientEarth’s legal review of the proposed Directive on the Geological Storage of Carbon Dioxide identified a problem with the scope of the requirement for operators of storage sites to take corrective measures in the event of irregularities or leakages. The draft text only required operators to stop further leakages. We argue that the other legal regimes relied on to deal with any other damage caused to the environment or people are inadequate, and the definition of corrective measures should extend to specifically require measures to remedy or mitigate any negative impact on the environment or human health. In the final text of the Directive, agreed in December 2008, the corrective measures requirement was extended to include measures related to protection of human health.
Climate Change Bill: the scientific case for an 80% target and the proposed review of the 2050 target
The Government originally proposed a target for 2050 of 60% in the Climate Change Bill. This figure was widely acknowledged as out of date according to the science. Following extensive campaigning by NGOs and with wide cross-party support for an 80% target, the Government requested advice from the new Committee on Climate Change and, in the final stages of the Bill, agreed to increase the target to 80%.
This process shows the difficulties in setting long-term targets and adopting policies to meet the targets where irrelevant political and economic concerns can be used to override the scientific evidence. ClientEarth’s legal analysis of the issue in June 2008 raised concerns with the Committee's terms of reference to consider the appropriate 2050 target, and the use of lists of relevant factors in the legislation.
Does nature have rights? Can lawyers save the world?
The cover of the June 2007 edition of the Ecologist magazine featured an article by our CEO, James Thornton, outlining the case for using legal means to find solutions to environmental challenges. The people at the Ecologist report it went down a storm with the young folks who read it at that year's Glastonbury Festival.
The case for activist environmental law in the European Union
Europeans are sometimes wary of using litigation as a tool in environmental campaigns. In this in-depth article, James Thornton explores the compelling arguments for using the power of law to ensure environmental protection for the benefit of people and planet. Furthermore, he argues that this can be achieved in a manner sensitive to European culture.
