Environmental Law and Management - Volume 31 - Issue 6

Can the US be trusted on climate change?
Cardiff University

Supply chain due diligence: Part 1
Independent Researcher,  London

This two-part article provides an overview of key considerations for the corporate and financial sector regarding supply chain due diligence, risk management and adaptation to ‘green’ practices, in light of the regulatory, industry, and socio-economic transformations on the horizon. The article also details observations on best practices in supply chains, particularly regarding the responsibility of ‘top players’ to address ESG factors beyond first tier suppliers, use leverage in the absence of contractual relationships, and to cooperate with suppliers, to achieve a more equal distribution of value along the chain. It concludes by proposing that the Covid-19 pandemic, having reinvigorated concern for an ‘inclusive, green and resilient recovery’ and driven a desire to ‘build back better’, is a salient time to redefine economic models and societal behaviours.

Case Commentaries

Countdown to COP26: Nature-based solutions and land use 
Osborne Clarke, Bristol
Interest in nature-based solutions has been increasing since the UK identified it as a  campaign issue in the run up to its COP26 presidency. But what are nature-based solutions? How do they fit in with the road to net zero and the Paris Agreement? And what opportunities are there for the wider economy in embracing them?

Illegal waste exports: misdescription at point of export 
School of Law, Criminology and Government, University of Plymouth
R v Biffa Waste Services Ltd [2020] EWCA Crim 827
Court of Appeal (Criminal Division), Holroyd LJ, Lavender J and Judge Chambers QC, July 2020

Stop press: shake-up in plastic waste exportation  
Clyde & Co LLP, Manchester

A major shake-up in international agreements governing the export of plastic came into effect on 1 January 2020, with amendments to the Basel Convention strengthening the controls on the export of waste plastic.

Judicial Review
Court of Appeal rules in favour of Drax conversion to gas fired generation  
1 Crown Office Row, London
R (on the application of ClientEarth) v Secretary of State for Business, Energy and Industrial Strategy (1) and Drax Power Ltd (2)
[2021] EWCA Civ 43
Court of Appeal (Civ Div), Lewison LJ, Sir Keith Lindblom P, Lewis LJ (21 January 2021)

The TSCA under the Biden administration: what to expect  
Bergeson & Campbell PC, Washington
The author provides a detailed review of the complicated mosaic of challenging TSCA implementation issues facing the Biden administration

Book Review
Environmental Law: Text, Cases, and Materials  
Elizabeth Fisher, Bettina Lange and Eloise Scotford