Articles
Advancing environmental justice or holding the line? Contrasting Indian and US submissions for the ICJ’s advisory opinion on climate action
HARSHAVARDHAN
Assistant Professor, School of Law, Amity University, Haryana, India
DR NIVEDITA CHAUDHARY
Assistant Professor, Faculty of Law, University of Delhi, India

This article examines the contrasting submissions of India and the United States before the International Court of Justice (ICJ) concerning its forthcoming advisory opinion on climate change. India argues that developed countries, having contributed most to global warming, bear a greater duty to cut emissions, support adaptation, and address harm to vulnerable populations. Conversely, the US rejects grounding climate duties in customary law or human rights, insisting that obligations should stem solely from existing treaties like the UNFCCC and the Paris Agreement. This reflects a broader resistance to binding reparations or accountability beyond current frameworks. The article explores whether the ICJ’s opinion could catalyse more equitable and effective global climate action. While advisory opinions are non-binding, the ICJ’s interpretation could still shape international norms, encouraging deeper emission cuts and financial commitments.

Packaging and Extended Producer Responsibility (EPR) in the EU and UK  
RACHEL MACLEOD
Legal Director, ESG London, Addleshaw Goddard LLP, London

Amendments to both the UK Extended Producer Responsibility (EPR) regime for packaging and the EU’s Packaging and Packaging Waste Regulation (PPWR) reflect the important role of packaging in the transition to a more circular and sustainable economy. Packaging will be made more sustainable and the use of refillable and reusable packaging will increase, with the PPWR intended to harmonise packaging regimes across the EU.

Case Commentaries

‘Winning the battle, but losing the war?’  
R (on the application of Mathew Richards) v The Environment Agency, Interested Party: Walleys Quarry Ltd

DR TIM EVERETT
Trainer and researcher in Environmental Health and Housing Law
NEIL PARPWORTH
Associate Professor, Leicester De Montfort Law School

This article considers the first three legal rounds involving pollution from a waste disposal site, based on human rights challenges against regulatory action. The outcome of the first judicial review was overturned, but much of the High Court judgment remains unchallenged over breaches of ECHR Article 2 and Article 8 rights. In the latest claim, permission has been granted to challenge the failure to stop further H2S emissions, and to deal with the operator’s liquidation.

The Arbor decision is a rights to light victory – of sorts – for developers  
Kevin Cooper v Ludgate House Ltd; Stephen Powell and Jennifer Powell v Ludgate House Ltd
LISA STRATFORD
Brodies LLP, London

In a July 2025 High Court ruling, it was held that the claimants’ rights to light had been infringed by a tall building. However, the court refused to grant an injunction requiring the developer to cut back or demolish the building, which did not benefit from section 203 protection. The claimants were awarded negotiating damages, which were very much less than the amount they had sought. The author concludes that while urban regeneration is a public good, it must be pursued with consideration of private rights.

Update on the EU's chemicals package  
JAY SATTIN, DAVID FOY AND JENNY KELEHAN
Planning and Environment team, Mason Hayes & Curran, Dublin

The chemicals industry is the fourth largest manufacturing sector in the EU, yet it faces significant challenges including high energy costs and unfair global competition. The European Commission has announced an Action Plan designed to strengthen competitiveness and modernise the sector, which includes securing an affordable energy supply and supporting decarbonisation.

Strategic Issues – Scotland
PROFESSOR SARAH HENDRY
Dundee Law School and UNESCO Centre for Water Law, Policy and Science, University of Dundee

Behind the Headlines
Coastal erosion in north Norfolk  
DAVID POCKLINGTON
Honorary Research Fellow, Centre for Law and Religion, Cardiff Law School