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In this issue: Air emissions and climate change Environmental information ESG and sustainability Waste producer responsibility regimes LexTalk®Environment: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change DESNZ publishes net zero progression data The Department for Energy Security and Net Zero (DESNZ) has issued provisional figures showing the UK’s territorial greenhouse gas emissions have fallen by 5% since 2022. It also explains that, when international aviation and shipping are included, overall greenhouse gas emissions have halved relative to 1990. DESNZ further highlights that, between 1990 and 2021, the UK cut its territorial greenhouse gas emissions by a larger share than the combined reductions achieved by the US, Canada, France, Italy and Japan. See: LNB News 02/04/2024 17. DESNZ publishes provisional UK greenhouse gas statistics for 2023 DESNZ has released provisional UK territorial greenhouse gas (GHG) statistics for 2023. The report records...
In this issue: Key developments and materials Air emissions and climate change Energy efficiency of products Energy for environmental lawyers Environmental assessment Environmental enforcement and prosecutions Environmental information ESG and sustainability Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage LexTalk®Environment: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers Useful information Key developments and materials The LexisNexis Environment team reviews standout environmental law shifts in 2024 so far, spanning chemicals, climate change litigation, emissions trading, ESG and sustainability, as well as protection of nature, biodiversity and habitats, and waste. See News Analysis: Environmental law developments—mid-year review 2024. Air emissions and climate change Supreme Court rules planning permission unlawful for failing to consider downstream greenhouse gas emissions from oil production (R (Finch) v Surrey County Council) By a 3:2 majority, the Supreme Court found that...
In this issue: Environmental impact assessment Best consideration and the Crichel Down rules LexTalk®Planning: a Lexis®Nexis community Daily and weekly news alerts New and updated content Latest Q&As Related Documents Environmental impact assessment Supreme Court declares planning permission unlawful for not addressing downstream greenhouse gas emissions from oil production (R (Finch) v Surrey CC) In R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council and others [2024] UKSC 20, the Supreme Court ruled, by a 3:2 majority, that consent for commercial oil production was unlawful because it failed to evaluate the ‘downstream’ greenhouse gas (GHG) emissions that will inevitably occur when the refined fuel is burnt. The omission to assess downstream, or ‘Scope 3’, GHG emissions contravened the Environmental Impact Assessment (EIA) Regulations, which require decision-makers, for specified projects, to consider the ‘direct and indirect significant effects of a project’ on the climate. The court held that the...
ARCHIVED: This Practice Note has been archived and is no longer maintained. This tracker tool collates and outlines significant recent and forthcoming legislation in England and Wales, alongside consultations connected to climate action and emissions reduction goals. Under the Climate Change Act 2008 (CCA 2008), as amended by the Climate Change Act 2008 (2050 Target Amendment) Order 2019 SI 2019/1056, the UK is legally bound to cut greenhouse gas (GHG) emissions by at least 100% from 1990 levels—achieving net zero—by 2050. There are also interim milestones: a 68% cut in GHG emissions from 1990 levels by 2030—set through the UK’s updated Nationally Determined Contribution (NDC) under the Paris Agreement (this excludes emissions from international aviation and shipping) a 78% cut in GHG emissions from 1990 levels by 2035—established via the UK’s sixth carbon budget These targets have spurred swift changes across recent energy and environmental policy and law. Retained EU law (REUL) refers to EU-derived rights and legislation...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker brings together and summarises key new and upcoming legislation in England and Wales, alongside consultations related to climate action and emissions reduction objectives. Pursuant to the Climate Change Act 2008 (CCA 2008), as amended by the Climate Change Act 2008 (2050 Target Amendment) Order 2019 SI 2019/1056, the UK is under a statutory duty to reduce greenhouse gas (GHG) emissions by at least 100% from 1990 levels—reaching net zero—by 2050. Further, the UK has the following interim targets: a 68% reduction in GHG emissions on 1990 levels by 2030—set via its updated Nationally Determined Contribution (NDC) under the Paris Agreement (although the target does not include emissions from international aviation and shipping) a 78% reduction in GHG emissions on 1990 levels by 2035—set via the UK’s sixth carbon budget These targets have driven swift developments in recent energy and environmental policy and legislation. Retained EU law...
The RTFO The RTFO is one of the government’s principal policies to cut greenhouse gas (GHG) emissions from fuels delivered for use in: road vehicles non-road transport, covering: non-road mobile machinery (NRMM) inland waterway vessels that do not normally operate at sea tractors recreational craft that do not normally operate at sea alternatively powered trains that do not already fall within the definition of NRMM (eg hydrogen fuel cell-powered trains) alternatively powered non-road vehicles that do not already fall within the definition of NRMM aircraft maritime, but only where the fuel used is a renewable fuel of non-biological origin (RFNBO) The RTFO represents one of several government measures that support the UK’s broader renewables and carbon reduction ambitions, including targets under the Climate Change Act 2008 (CCA 2008). It was introduced to comply with the EU Renewable Energy Directive 2009/28/EC (RED) and via secondary legislation...
Memorandum prepared by [ Name of Firm ] for the directors of [ insert company name ] (the Company) providing guidance on annual environmental reporting obligations and disclosures 1 Scope This memorandum sets out the principal environmental disclosures the Company must present in its annual report and accounts. It reviews and explains the Companies Act 2006 (CA 2006) obligation to provide climate-related disclosures in line with the recommendations of the Task Force on Climate-related Financial Disclosures (TCFD), the need to state greenhouse gas (GHG) emissions, energy consumption and actions to improve energy efficiency under the Streamlined Energy and Carbon Reporting (SECR) regime, and other environmental legislation [ , as well as relevant principles and provisions within the QCA Corporate Governance Code (QCA Code) and the Wates Corporate Governance Principles for Large Private Companies (Wates Principles) ]. It also offers practical guidance for companies when assembling their environmental disclosures for reporting purposes. [ As an AIM company, the Company is subject to continuing disclosure obligations under the AIM...
Memorandum prepared by [ Name of Firm ] For the directors of [ insert company name ] (the Company) advising on annual environmental reporting 1 Scope This memorandum outlines the principal environmental disclosures the Company must include within its annual report and accounts. It addresses the UK Listing Rule and Companies Act 2006 ( CA 2006 ) obligations to present climate-related information consistent with the recommendations of the Task Force on Climate-related Financial Disclosures ( TCFD ). It also covers the duty to disclose greenhouse gas ( GHG ) emissions, energy consumption and measures to improve energy efficiency under the Streamlined Energy and Carbon Reporting ( SECR ) framework, together with other environmental legislation [ , and relevant principles and provisions from the UK Corporate Governance Code ( UKCG Code ) ] . In addition, it provides practical guidance to assist companies in compiling robust environmental disclosures. As a listed entity, the Company is further subject to continuing disclosure duties under the UK Listing Rules, the Disclosure Guidance...