Articles

Possibilities for citizens to bring court action against states in matters  of environmental policy
MÅNS JACOBSSON
Former Director of the International Oil Pollution Compensation Funds

In recent years, individuals and private entities have brought legal proceedings against states with the aim of making them cease activities that they consider contribute to environmental degradation. The article describes the legal obligations of states regarding environmental protection under the 2015 Paris Agreement, the European Convention on Human Rights and the European Union Charter of Rights, as well as under public international law in general. Special reference is made to a judgment by the European Court of Human Rights against Switzerland and an Advisory Opinion by the International Court of Justice on obligations of states in respect of climate change. Examples are given of cases where such proceedings have been brought before national courts in different countries. Many of these cases raised fundamental questions, both constitutional and procedural, as well as issues regarding states’ obligations under international law to ensure that individuals have effective legal protection.

Europe’s increased focus on the environment and corporate sustainability: an expensive game changer for the pharma industry
TINE CARMELIET, MARIE BARANI
A&O Shearman, Brussels

Increased corporate sustainability in the pharma industry promises to be a costly compliance exercise for companies operating in the EU. This article offers an overview of key new environmental requirements imposed on pharmaceutical companies, namely the draft review of Directive 2001/83 and Regulation 726/2004, along with the impact of the Urban Wastewater Treatment Directive.

The amendment to the Polish Environmental Protection Law:  expanding access to courts for air quality plans
WOJCIECH SZOPINSKI, ANNA JARECKA
CMS Cameron McKenna Nabarro Olswang Pósniak i Bejm sp.k., Warsaw

The Polish Government has published an important draft amendment to the Polish Environmental Protection Law which is intended to remedy a structural gap in access to justice in air quality matters. The reform creates an express pathway for members of the public and environmental NGOs to challenge air quality plans and their updates, addressing the Polish courts’ hitherto strict construction of ‘legal interest’ in such cases.

Case Commentaries

The European Court of Human Rights adds to growing body of climate change case law
NUSRAT ZAR, JAMES WOOD, ANDREW LIDBETTER, JASVEER RANDHAWA
Herbert Smith Freehills Kramer LLP, London

An ‘overriding national need’ for wind turbines supersedes an impact on  167 visual amenity: The Appeal of Cheeseden Investments Limited AP24/0020 (Isle of Man) (‘the Ballaman Wind Turbines’)
ANDREW LANGAN-NEWTON
Advocate, Keystone Law, Douglas, Isle of Man

ESG and local government: the future risk and insurance landscape for claims 
AIDAN THOMSON, ANDREW CLARKE, HELEN BROWN
Weightmans LLP, London, Leicester and Leeds

Weighing climate ambition against landscape character: Drakelow battery  172 storage appeal dismissed
Enso Green Holdings V Ltd and South Derbyshire District Council
THOMAS HORNER
Associate, Dentons, London

Integrating greenhouse gas removals into the UK ETS
SILKE GOLDBERG, JANNIS BILLE, ZOE ASHER
Herbert Smith Freehills Kramer LLP, London

News Reports
EU and UK News

Strategic Issues - Scotland

Climate Change Plan - the circular economy - Parliamentary activity - other consultations and government announcements

Professor Sarah Hendry
Dundee Law School and UNESCO Centre for Water Law, Policy and Science,
University of Dundee

Behind the Headlines
Waste Crime
David Pocklington 
Centre for Law and Religion
Cardiff Law School