Articles

Improving the Environmental Liability Directive: why mandatory financial guarantees matter
KRISTEL DE SMEDT AND MICHAEL FAURE
Maastricht University

The Environmental Liability Directive (ELD) is a cornerstone of EU environmental policy, adopted to ensure the prevention and remediation of environmental damage in the EU. However, the absence of a mandatory financial guarantee provision in the Directive remains a critical gap, undermining the effective implementation of the polluter-pays principle. This article explores the importance of mandatory financial guarantees within the ELD framework from a law and economics perspective. Furthermore, by examining the mandatory financial guarantee provisions introduced by some Member States in their national transpositions of the ELD and ational laws, as well as financial guarantee provisions in other EU environmental Directives, this article aims to provide insights and recommendations to enhance the ELD, ensuring greater accountability and environmental protection. 

Prosumers in Renewable Energy Communities (RECs): a critical analysis of Italian legislation within the EU Framework and reflections on 'agricultrual' RECs
MICHELE DI VITA IUSS,
Pavia, Italy

Renewable Energy Communities (RECs) are emerging as pivotal regulatory tools in the drive towards the European Union’s energy transition. Directive (EU) 2018/2001 is the first piece of EU legislation that sets rules for the development of RECs, granting EU Member States a substantial margin of discretion in its transposition and in the specific formation of RECs in their jurisdictions. This article explores the margin of discretion provided to Member States by the EU Directive, with a detailed and critical examination of the REC-specific legislation enacted by Italy, in the broader context of European Union’s legislation. It examines the recent introduction of incentive schemes for the electricity shared in RECs, which particularly favours RECs that include members engaged in agricultural activities and that might pave the way for further integration between RECs and the agricultural world. By offering a comprehensive, critical analysis of a specific case study, this article is a contribution to the ongoing debate on the future of renewable energy policy, providing insights and recommendations to lawmakers for refining their legislative approach to RECs. 

Legislation and trade barriers for critical minerals
JYOTI AHUJA, ALEKSANDRACAVOŠKI, ROBERT G LEE AND RUBINA SULTAN-CHAUDHARY
Birmingham Law School

Critical metals (CM), such as lithium, cobalt and rare earths, are increasingly in demand from the digital and defence sectors, and trade in CM has become a key policy priority. This article surveys the legislative and policy landscapes in certain importing and producer nations, and identifies actual and potential barriers to CM trade. Various restrictive trade measures are resulting in threats to CM supplies, which are already prone to high risks of resource inequalities due to unequal geological resources and infrastructure. This is a worrying trend which could significantly impact global ambitions to decarbonise

News

State of the world’s saltmarshes
WWF-UK

Current Survey

European Union

MARTIN HEDEMANN-ROBINSON
University of Kent, Canterbury

Key policy developments November - December 2022

Climate change
Waste and resources management
Nature and biodiversity
Industry and renewable energy
Marine environment

Other developments
Law enforcement  issues November -December 2022
EU environmental legislation update November - December 2022