Articles

Balancing environmental protection and economic growth: the role of environmental impact assessment in Australia
YUCHAN JIANG
University of Western Australia

This study examines Australia’s integration of climate change considerations into Environmental Impact Assessments (EIAs). Analysing legal frameworks, policies and precedents, it assesses the incorporation of greenhouse gas emissions (GHGe) into EIA processes and addresses challenges such as Scope 3 emissions and regulatory overlap while balancing environmental protection with economic development. Suggestions including refining assessment criteria and promoting inter-state coordination are also offered. 

South Africa and the realisation of the duties on the right of access to water
NSIKAN-ABASI ODONG
The University of Ottawa, Ontario, Canada

Water is a valuable but finite resource, with water sources increasingly coming under immense pressure, which is exacerbated by an exponential rise in population along with environmental phenomena such as climate change, desertification and drought. Man-made activities including pollution and waste disposals have contaminated many water sources, further shrinking the amount of clean water available for use. Moreover, constructing water infrastructure is capital intensive. As a result, many countries are struggling to meet the water needs of their residents. To guarantee the enjoyment of water by its residents, South Africa has recognised in its Constitution the right of access to water. This article appraises South Africa’s pioneering effort to realise the right of access to water, providing a template for the prospects and challenges involved. 

Case Comments

Greenwashing risk management update: TotalEnergies engaged in misleading commercial practices with its climate-related claims, French court rules: Greenpeace France and Others v TotalEnergies SE and TotalEnergies Electricité et Gaz France
KERRY STARES, SIMON LE WITA AND MEGAN GRAY
Charles Russell Speechlys, London

In a case brought by three environmental organisations, the court held that TotalEnergies and its subsidiary deliberately misled consumers into believing that by buying their products or services they were contributing to the emergence of a low-carbon economy. The judgment referenced the EU’s Empowering Consumers Directive and this comment references similar UK and US regulation designed to protect consumers against unfair commercial practices including those associated with greenwashing. The authors also list some best practice principles that companies can follow across global supply chains. 

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

In response to a European Commission infringement action, the Polish Government has drafted an amendment to the Polish Environmental Protection Law intended to remedy a gap in access to justice in air quality matters. This will create an express pathway for environmental NGOs and the general public to challenge air quality plans and their updates. The amendment also addresses the Polish courts’ hitherto narrow interpretation of ‘legal interest’ under Article 90 of the Act, thereby widening the class of entitled claimants in line with the expectation of ‘wide access’ under EU law and the Aarhus Convention.

UK News

UK introduces landmark legislation to protect world’s ocean

Current Survey
European Union
MARTIN HEDEMANN-ROBINSON
University of Kent, Canterbury

Key Policy Developments January–February 2023

Nature protection and conservation 
Water 
Industry and chemicals 
Climate and energy 
Other matters

Law Enforcement Issues January–February 2023
Air quality .Water and marine environment 
Waste and resources management 
Nature protection and animal welfare 
Industry and chemicals 
Environmental impact assessment 
Energy
Environmental law enforcement and participation rights