In legal practice, environmental
performance describes how well a state achieves environmental and
sustainability outcomes, and is often used to benchmark targets, eligibility criteria or reporting in legislation, public procurement, finance and contracts.
The term is not generally defined in UK or Irish legislation or case
law; it is a descriptive expression used across multiple legal contexts. Where it is capitalised and expressly defined (including in various model laws and
policy instruments), it commonly refers to a country’s standing in the Yale Center for Environmental Law & Policy’s Environmental Performance Index (EPI). The EPI is a periodically updated, comparative index that assesses environmental health, ecosystem vitality and climate change performance across a suite of issue categories and indicators.
Practical points for England & Wales, Scotland, Northern Ireland and Ireland:
- Usage is broadly consistent across these jurisdictions.
- The EPI is reported at country level (for example, the UK and Ireland), not for UK devolved nations.
- When used in contracts or regulatory schemes, parties should specify the relevant EPI edition/year, how methodological updates or data gaps are treated, and any thresholds, incentives or remedies tied to EPI rankings or scores, particularly for ESG due diligence, sovereign investment mandates and sustainability-linked procurement.