Environmental Law and Management - Volume 32 - Issue 1

Who owns England and why does it matter for Biodiversity  (and Land Justice)?
BEN PONTIN Cardiff University

Supply chain due diligence: Part 2 
ELISABETTA CAVALLO Independent researcher, London

This two-part report 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 report 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.

The German Federal Constitutional Court on the German Climate Change Act
White & Case LLP, Frankfurt

The German Climate Change Act of 2019 aims to implement the Federal Republic’s obligations under the 2016 Paris Agreement. Young climate change activists complained that the Act violates their fundamental freedom rights in that national targets and emission reductions are regulated only until 2030 with no specification of reductions thereafter. This article examines the Constitutional Court's subsequent Order, declaring the 2019 Act to be partly unconstitutional.

Case Commentaries
CJEU: Construction of Habitats Directive  
Friends of the Irish Environment v An Bord Pleanála (Shannon LNG)
Case C–254/19 
GRÁINNE O’CALLAGHAN Solicitor, Planning and Environmental Department, Fieldfisher LLP, Dublin

Establishing parent company liability for extraterritorial environmental harm caused by a subsidiary
Okpabi and others v Royal Dutch Shell Plc and another
[2021] UKSC 3 Supreme Court, Lord Hodge DP, Lady Black, Lord Briggs, Lord Kitchin & Lord Hamblen JJSC, February 2021
School of Law, Criminology and Government, University of Plymouth

Strategic Issues – England and Wales
CMA draft guidance on environmental claims: six new principles for businesses  to follow
Taylor Wessing, London

Behind the Headlines
The Queen’s Speech and the Environment Bill  
Honorary Research Fellow, Centre for Law & Religion, Cardiff Law School

Book Review
The Environmental Case for Brexit: A Socio-legal Perspective  - Ben Pontin