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Articles

Administrative environmental law enforcement in Andalusia, Spain
MICHAEL FAURE
Maastricht University and Erasmus University, Rotterdam, The Netherlands
FÁTIMA PÉREZ JIMÉNEZ
Institute of Criminology, University of Málaga, Spain

Unlike the 2008 EU Environmental Crime Directive, which forced Member States to use criminal law to remedy breaches of national environmental legislation, the new 2024 Environmental Crime Directive focuses on administrative law enforcement. This article presents important data on administrative environmental law enforcement in Andalusia prior to 2024, and the division between administrative and criminal enforcement, noting in particular that administrative authorities in Andalusia have focused on compliance rather than deterrence. It is hoped that, among other things, the new Directive might lead to increased capacity in handling violations, along with improved data and information management.

Low carbon hydrogen in the UK: a universal solution?
EMILY HEWITT
KEVIN ATKINS
Bryan Cave Leighton Paisner LLP, London

While low carbon hydrogen can facilitate the decarbonisation of certain industrial sectors, it is not without its challenges, particularly with respect to production costs, as well as issues relating to the availability of land and water, transportation and storage. After considering three case studies – on the agricultural, transport and refining sectors – the article concludes that to develop an efficient UK hydrogen economy the government must incentivise hydrogen and create an effective hydrogen-based marketplace for demand to increase.

Spotlight on deforestation regulations in the UK and EU
WYNNE LAWRENCE
NIGEL BROOK
SARAH HILL-SMITH
NOAH FRIEND
Clyde & Co LLP, London

Despite global commitments to end it, deforestation is not slowing down. The EU Deforestation Regulation and the UK’s Forest Risk Commodity Scheme both face delays in implementation and the question remains over whether they go far enough. However, companies need to prepare for a growing threat of litigation around inadequate due diligence and/or adverse impacts identified in their supply chains.

Case Commentaries

Duty to ‘have regard’
PROFESSOR COLIN T REID
University of Dundee

Duties to ‘have regard’ to certain matters are widespread throughout planning and environmental law. The decision in a 2024 immigration case, CD v Secretary of State for the Home Department, demonstrates that specified matters cannot be wholly overlooked and the duty can bite if it appears that such matters have not at least been considered.

New EU Packaging and Packaging Waste Regulation enters into force:  an in-depth look
MICHAEL R LITTENBERG
ABIGAIL ALFARO
Ropes & Gray LLP, New York

This new, complex and detailed Regulation, which replaces the 1994 Packaging and Packaging Waste Directive, will have an operational and financial impact on a large number of US-based multinationals doing business in Europe. The Regulation will impose additional sustainability requirements, including specific targets for packaging recyclability, minimum recycled material content, and reduction of empty space ratios, besides mandating the reduction of packaging and demanding specific labelling.

Strategic Issues - Scotland

Natural Environment Bill –Climate and energy –Rural land –Planning
PROFESSOR SARAH HENDRY 
Dundee Law School and UNESCO Centre for Water Law, Policy and Science, University of Dundee