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Following a disorderly 2025—marked by shifting rules and unproven legal theories—2026 looks marginally more predictable, though no less tough. Businesses should anticipate ongoing growth in disputes, from greenwashing class actions to state‑led consumer protection cases. A fragmented regulatory scene—a tug‑of‑war between US federal and state authorities, alongside indecision within the European Union—will keep compliance complex for multinational companies. Greenwashing risk shifting from regulation to litigation Where we are For at least a decade, companies have encountered rising exposure from government enforcement and private actions over ‘greenwashing’—overstated or misleading claims about environmental benefits tied to products or corporate behaviour. Attempts on both sides of the Atlantic to toughen the rules—an update to the Federal Trade Commission’s Green Guides and the draft EU Green Claims Directive—have stalled. Meanwhile, consumer‑centred litigation is accelerating. Recently, firms across technology, food, fashion, airlines and other sectors have been hit with class actions alleging greenwashing, challenging claims ranging from carbon neutrality to green product labels. State attorneys general have also been active, notably in...
In this issue: Commercial Competition Corporate Data protection and cybersecurity Free movement, immigration and employment Financial services Energy Environment Life sciences Regulatory TMT International trade Daily and weekly news alerts New and updated content Trackers Commercial Commission consults on evaluation of market surveillance regulation The European Commission has launched a consultation to assess and, if needed, update the Market Surveillance Regulation (EU) 2019/1020. It aims to strengthen the operation of the single market by boosting compliance with EU product harmonisation rules, with any amendments scheduled for Commission adoption in Q3 2026. The consultation closes on 4 February 2026. See: LNB News 12/11/2025 22. Commission consults on New Legislative Framework revision The Commission’s Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW H4) has opened a consultation to underpin the revamp of the New Legislative Framework (NLF) governing product law, seeking to capture stakeholder views on...
In this issue: Air emissions and climate change Energy for environmental lawyers Environmental enforcement and prosecutions ESG and sustainability Waste Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Latest Q&A Useful information Air emissions and climate change DESNZ publishes letter to CCC on UK’s 2035 Nationally Determined Contribution The Department for Energy Security and Net Zero (DESNZ) has released a letter from the Secretary of State for Energy Security and Net Zero, Ed Miliband, addressed to the Climate Change Committee (CCC), requesting advice and direction on several elements of the UK's 2035 Nationally Determined Contribution. See: LNB News 09/08/2024 5. Energy for environmental lawyers Ofgem launches consultation on Future Energy Pathways guidance Ofgem has opened a consultation on its Future Energy Pathways (FEP) guidance, aimed at the soon-to-be established National Energy System Operator. The draft sets out expectations for the scope, processes and...
National policy 25-Year Environment Plan —the 25-Year Environment Plan outlines the government’s commitments to enhance the environment within a generation. The Environmental Improvement Plan 2023 (EIP 2023) for England was the first statutory update to the 25-Year Environment Plan under the Environment Act 2021 (EA 2021). On 1 December 2025, it was replaced by the Environmental Improvement Plan 2025 (EIP 2025), now the current environmental improvement plan for EA 2021 purposes. EIP 2025 renews the long-term framework for achieving environmental outcomes, revises the interim targets in EIP 2023 and adds two new interim targets. EIP 2025 is pertinent to waste planning as part of the broader policy to improve resource efficiency and drive the move to a more circular economy, complementing the Resources and Waste Strategy and the Waste Management Plan for England (see below). Resources and Waste Strategy The Resources and Waste Strategy sets out how the government intends to conserve material resources by cutting waste, promoting resource efficiency and moving towards a circular economy in...
Background and key developments Regulation (EC) No 1272/2008, known as the EU Classification, Labelling and Packaging (CLP) Regulation, gives effect to the United Nations’ Globally Harmonised System for classifying and labelling chemicals (UN GHS) within the EU. Its principal purposes are to: determine which characteristics of substances and mixtures warrant a hazardous classification, and ensure this identification is communicated appropriately to customers The EU CLP Regulation has applied since 20 January 2009 (with staged transition periods up to 2015) and is directly applicable to suppliers that manufacture, import, use or distribute chemical substances and mixtures. This Practice Note addresses the packaging requirements under the EU CLP Regulation. For details on other elements of the EU CLP framework, see Practice Notes: EU classification, labelling and packaging of substances and mixtures (CLP): Regulation (EC) 1272/2008—snapshot EU CLP—chemicals classification EU CLP—chemicals labelling EU CLP—notifications to the classifications and labelling inventory EU Chemicals Strategy for Sustainability reforms...
Key information EU Single Use Plastics Directive Official title: Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on reducing the impact of certain plastic products on the environment Commencement: 2 July 2019 Transposition deadlines: 3 July 2021, subject to: Member States must put in place measures to meet Article 6(1) (design requirements) from 3 July 2024 Member States must put in place measures to meet Article 8 (extended producer responsibility) by 31 December 2024. For extended producer responsibility schemes set up before 4 July 2018, and for single-use plastic products listed in section III of Part E of the Annex, Article 8 should have applied by 5 January 2023 National transposition: See Eur-Lex information on national transposition measures, as supplied by Member States Subject: Waste, plastics, single-use plastics, marine pollution Context: Single-use plastic items span a wide variety of commonly used fast-moving consumer products...
Lease provisions and clauses Better Buildings Partnership The Better Buildings Partnership (BBP) has produced template green lease clauses that span a wide range of topics, including: Definitions Co-operation obligations Building management groups Social impact Sustainable use Data sharing and metering Smart buildings Extending the landlord’s rights to carry out works Restricting the landlord’s right to undertake works that could diminish environmental performance Changes to the tenant’s ability to make alterations Energy Performance Certificates (EPCs) Reinstatement of tenant’s alterations Rent review Circular economy principles for landlord and tenant works Standards Renewable energy Dispute resolution For more, see BBP: Better Buildings Partnership—Green lease toolkit and Practice Note: Green leases—BPP toolkit—the model green lease clauses...