Environmental Liability - Law, Policy and Practice - Volume 26 - Issue 5 and 6

Editorial
The crime of ecocide
PROFESSOR NOELLE QUENIVET
Bristol Law School, University of the West of England

Articles
Important Projects of Common European Interest (IPCEIs) at the heart of the new EU industrial strategy: what to expect for the green and digital transition of the EU economy
MERIT OLTHOF, MARIYA SERAFIMOVA AND JONAS LEVERMANN
Freshfields, Berlin

The authors discuss how Important Projects of Common European Interest (IPCEIs) are currently regulated and implemented in the EU and what implications IPCEIs may have for the green and digital transition of the EU economy in future. Given their flexibility, IPCEIs can prove to be a helpful tool for the mobilisation of funds for large-scale projects such as the development of new ‘green’ technologies which can contribute to achieving the EU Green Deal objectives and foster innovation


Building resilient supply chains: focus on the American solutions for critical raw materials
SIMON SALTER AND FLORA PITTI-FERRANDI
Vivien & Associés, Paris

The US agencies’ review of key critical supply chains (and in particular for critical raw materials) is examined with reference to the EU’s legislative proposals for ESG. A recommendation to remedy supply chain vulnerability – closer cooperation with US key allies – is considered in the context of an alternative remedy: the provision tax credits for US magnet manufacturing facilities

Case Commentaries
COP 26: the UK Government’s preparation to date
SILKE GOLDBERG AND JANNIS BILLE
Herbert Smith Freehills LLP, London

In the year leading up to COP26 the UK Government has set out its own plans for reducing carbon emissions, in the form of a Ten Point Plan and an outline for industrial decarbonisation. The authors consider these and related initiatives, while also taking note of significant shortcomings in the UK’s approach to climate change

Greenpeace prosecuted over underwater boulder barrier
JAMES HANSON
Greenpeace

This comment explores the issues raised by the current case against Greenpeace brought by the UK Government’s Marine Management Organisation

US Litigation and Regulation – Selected Issues
AMERICAN COLLEGE OF ENVIRONMENTAL LAWYERS
‘Discarded’ or ‘not discarded’ California Communities Against Toxics v. EPA 
NSR regulatory reform: the saga continues
A good defence is an affirmative defence

Current Survey
European Union
MARTIN HEDEMANN-ROBINSON, University of Kent, Canterbury
Key Policy Developments November–December 2019

EU launches Green New Deal policy
EU disappointed with outcome of COP25 on Climate Change
EU agreement on linking emissions trading with Switzerland enters into force.
EU reaches political agreement on water reuse initiative
EU reaches provisional agreement on drinking water quality
Fitness checks endorse EU water legislation
EU warns Panama over illegal fishing
Fitness check endorses EU air quality legislation
EU publishes standards for waste incineration
EU labelling of tyres for energy efficiency
Law Enforcement Issues November–December 2019
Environmental Legislation Update
Key Policy Developments January–February 2020
EU Member States approve provisional agreement on drinking water quality
Dolphin by-catch: EU Commissioner issues warning to fisheries industry 
EU announces €100 million investment in environmental projects 
Shipping emissions: EU limits on sulphur dioxide enter into force
Shipbreaking: seven new approved European ship recycling yards 
Law Enforcement Issues January–February 2020
Environmental Legislation Update