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The case for reform Major infrastructure delivery has occupied significant government attention in recent years, with a range of action plans, strategies, policies, roadmaps and consultations diagnosing obstacles to delivery and setting out ways to overcome them. The government’s most recent infrastructure policy, published in November 2023, ‘Getting Great Britain building again: Speeding up infrastructure delivery’, makes the case for additional planning reforms, accompanied by some new announcements. A recurring thread of earlier infrastructure policy, and a long-standing critique of the planning system, is that planning is too slow, too bureaucratic and too uncertain. Previous policy has presented various actions and proposals intended to address these concerns. This latest policy paper echoes those themes, but contends that further reform is required at every step of the planning process to deliver the government’s infrastructure objectives—both in the short term, to progress already committed projects, and over the longer term, to meet net zero by 2050 and the government’s wider economic aims. The approach in the paper broadly builds on existing...
Pearce v Secretary of State for Business, Energy and Industrial Strategy [2021] EWHC 326 (Admin) What are the practical implications of this case? While the facts are specific to this matter, multiple offshore schemes along England’s east coast are moving through consent, and each must robustly account for cumulative effects. The case also underlines mounting pushback from local communities against sizeable onshore infrastructure in the area, coinciding with BEIS’s programme reviewing offshore transmission and different approaches to linking offshore wind schemes and landing renewable power. The court further made clear that, even where a proposal aligns with government policy and helps deliver low‑carbon, renewable generation consistent with legal duties towards ‘net zero’ and tackling climate change, that alignment does not displace the requirement for any application to evaluate every impact properly and in accordance with the law. All such proposals therefore need to demonstrate, through the application process, that cumulative and project‑specific effects have been considered with sufficient rigour, rather than assuming policy support or climate objectives will...
In this issue: Air emissions and climate change Brexit Energy efficiency and buildings Environmental enforcement and prosecutions Environmental information ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Daily and weekly news alerts New and updated content Latest Q&A Air emissions and climate change Energy Security Secretary outlines net zero commitments to EAC The Energy Security and Net Zero Secretary set out a series of clear, priority pledges to the Environmental Audit Committee (EAC), in support of delivering net zero objectives. These pledges include requiring any airport growth to comply with the Climate Change Act (CCA 2008) and align with Carbon Budgets, giving the EAC a central role in examining the Seventh Carbon Budget, and obliging ministers to table yearly parliamentary statements on the government’s assessment of the state of climate and nature. The government also promised to lay secondary legislation to bring the UK’s...
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...
UK government sustainable development strategy For over twenty years, the UK has restated its pledge to sustainable development, shaping its own interpretation through a succession of national sustainable development strategies. Much like the evolving definition itself, the UK-wide approach remains an ongoing endeavour. The UK’s strategy sets out policies designed to advance delivery of all 17 Sustainable Development Goals (SDGs). Responsibility for implementing policy in devolved areas rests with Scotland, Wales and Northern Ireland. For further insight on sustainable development in the UK, see Practice Note: Sustainable development—definition and application at UK level. The Greening Government Commitments (GGCs) specify the measures that UK government departments and their agencies will adopt to cut their environmental impacts. This sits within a drive to boost transparency and alignment with national and international sustainability commitments; however, uneven progress, funding and training—covering carbon literacy and adaptation, carbon accounting and sustainable procurement—mean many public bodies commence this journey from different points. A central aim of the GGCs is to foster transparent reporting in government departments’...
Context Under the European Green Deal, the EU has outlined bold goals to cut its greenhouse gas emissions steadily each year up to and beyond 2030, with the ultimate objective of reaching net zero emissions by 2050. Regulation (EU) 2021/1119 of 30 June 2021 (the EU Climate Regulation) sets a legally binding and enforceable duty on the EU to deliver a 55% drop in carbon emissions from 1990 levels by 2030, and to attain full carbon neutrality by 2050. The European Commission estimates that producing and using energy is directly responsible for over 75% of the EU’s greenhouse gas output. Rapid, far-reaching decarbonisation of the energy system is therefore essential to meeting both the 2030 and 2050 emissions goals respectively. To this end, the EU is designing and applying a comprehensive legal and policy framework for a climate-neutral, ‘clean’ energy system, centred on renewable energy and renewable hydrogen, together with stronger, improved energy efficiency. Moving to a low-carbon energy system has featured prominently on the EU’s policy agenda for...
Precedent Target product carbon footprint clause—schedule for consumer goods contracts Use this schedule within a manufacturing contract for the supply of consumer goods to oblige the parties to adopt a target product carbon footprint budget—one that diminishes over time—for each product manufactured and supplied pursuant to the contract. The clause is consistent with the Paris Agreement objectives, the Race to Zero criteria, and the Oxford Principles for Net Zero Aligned Carbon Offsetting as stated. This sustainability wording was created by The Chancery Lane Project (TCLP) as ‘Ming’s clause’ and is accessible via TCLP’s website below, where the linked text appears for reference. For comprehensive and relevant guidance on target product carbon footprint budgets, please consult the TCLP clause for direction as needed. TCLP is the codename for a focused, collaborative initiative of lawyers from around the world to craft new contracts and model legislation to tackle climate change. For further details, visit: chancerylaneproject.org. Lexis+® is proud to support the work of TCLP...