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Conservation Finance: An Increasingly Attractive Concept for Investors?

Broadly defined, conservation finance is the raising of capital to support the conservation of land, water and resources. This concept started with “debt for nature” swaps during the 1980s and 1990s whereby developing...more

The OECD’s View on Integration of ESG Issues into Investments – What Next?

The Organisation for Economic Co-operation and Development (OECD) published a report (OECD Report) on investment governance and integration of environmental, social and governance (ESG) factors on 2 May 2017. The OECD Report...more

The European Conflict Minerals Regulation – What are the Key Take Away Points?

The European Conflict Minerals Regulation (the Regulation) was approved by the European Council on 3 April 2017. Publication in the Official Journal of the European Union will be the next step in the process and this could...more

Trouble Ahead? Lobbying Underway to Prevent the Extension to the Industrial Emissions Directive

The Industrial Emissions Directive (IED) is the main EU instrument that regulates emissions from industrial installations (including power stations) and came into force on 6 January 2011. Its objective is to achieve a...more

Modern Slavery – An Update

26 March 2017 marked two years since the introduction of the Modern Slavery Act 2015. As the signature legislation of the then Home Secretary (Theresa May – now Prime Minister), it heralded greater focus on an issue that...more

France Adopts a New Law Requiring Companies to Diligence their Supply Chains in Relation to Human Rights, Environmental, and...

On March 27, 2017, the French Parliament adopted a Law On The Duty Of Vigilance For Parent And Subcontracting Companies. The law amends the Commerce Code and requires companies to establish and implement a plan for...more

Environment: The Concept of Legal Personality – From Companies to Natural Entities?

New Zealand’s Parliament has just passed a bill to enable the Whanganui River to be recognised as a legal person. It will now be represented by two nominees: one appointed by the Maori community (or Iwi), and another...more

“Final warning” on Air pollution from the European Commission

On 15 February 2017, the European Commission (the Commission) sent final warnings (a Reasoned Opinion) to France, Germany, Italy, Spain and the United Kingdom for failing to comply with the air pollution limits for nitrogen...more

Modern Industrial Strategy: Will the Environment Get Left Behind?

The UK Department for Business, Energy & Industrial Strategy (BEIS) published a Green Paper on 23 January 2017, setting out the building blocks for the UK’s modern industrial strategy. Described by Theresa May as a “critical...more

Key Decision on Corporate Separateness – English High Court Decides Not to “impose liability in an indeterminate amount, for an...

In a highly anticipated judgment, the English High Court has ruled that Royal Dutch Shell (RDS), a holding company that is the ultimate parent of the Shell Group, does not owe a duty of care to residents of the Niger Delta in...more

The Notion of “Ecological Prejudice” Now in the French Civil Code

With the Biodiversity Law n°2016-1087 of August 8, 2016, the French Civil code now formally recognises “ecological prejudice” (préjudice écologique) as a category of indemnifiable damage. The move is symbolically significant...more

1/17/2017  /  Environmental Violations , France

Green Finance Growth Set to Continue

The Vice-President of the European Investment Bank, Jonathan Taylor called for “a renewed effort from the world’s financial institutions to make the Paris Agreement a reality” at the COP 22 Conference, held last month in...more

Potential Liability for Ignoring Non-Financial Factors in Investment Starts With Climate Change

Commercial risks to businesses can no longer be neatly divided into financial and non-financial considerations. For example, there is growing recognition, particularly in the pensions sector, that a failure to take account...more

EU Workplace Pensions Now Required to Incorporate ESG Issues

A new pensions directive was passed by the European Parliament on 24 November securing 512 votes (only 77 votes against and 40 abstentions), requiring EU workplace pension funds to consider environmental, social and...more

Autumn Statement – Greening Public Finance

The Autumn Statement (the Statement) highlighted sustainability of public finance as key to securing a strong and stable economy for the UK. The need to prioritise longer-term sustainability schemes over short-term economic...more

Court Judgment Demands More from the UK Government to Tackle Air Pollution

The UK will need to revisit its strategy to improve air quality following a recent court judgment determining that the Government’s existing plans are insufficient. With air pollution reportedly responsible for 9,500...more

Swift Ratification of Paris Climate Agreement

The Paris Climate Agreement (Agreement) officially enters into force today, 30 days after it was ratified by at least 55 Parties to the Convention, representing at least an estimated 55% per cent of the total global...more

New Foreign Investment Control of UK Critical Infrastructure Projects

Changes will align the UK’s policy framework for ownership and control of critical infrastructure with other major economies. On 15 September 2016, the UK Government announced its delayed approval of the proposed...more

US and China Ratify the Paris Climate Agreement

Prior to the G20 Leaders’ Summit on 4 September, China and the US ratified the Paris Climate Agreement during a ceremony in Hangzhou, China. This commitment from the world’s largest carbon dioxide emitters is expected to...more

9/14/2016  /  China , Climate Change , Paris Agreement

Prioritising Environmental Obligations in Future Trade Agreements

We have commented previously about the Transatlantic Trade and Investment Partnership (TTIP) and its relationship with environmental obligations. Here, following Brexit, we turn our attention to future trade arrangements for...more

Managing Environment Risk in Trade Agreements Post-Brexit: What Can We Expect?

The UK’s decision to leave the European Union (EU), assuming the UK does not negotiate continued participation in the EU’s Internal Market and the Common Commercial Policy (on similar terms as now), will impact its existing...more

How Will Brexit Impact Environmental and Energy Law?

While the overwhelming majority of the UK’s environmental legislation is derived from EU legislation and UK climate change and energy policy is largely influenced by the EU, surprisingly, environment and energy has been the...more

How Will Brexit Impact Environmental and Energy Law?

Following the recent UK referendum result, attention is now turning to the legal implications for specific policy areas. While the overwhelming majority of the UK’s environmental legislation is derived from EU...more

Higher Fines Imposed for Environmental Offences

Powerday plc was issued a record fine in April this year for offences relating to operations involving over 17,000 tonnes of waste deposited and stored illegally. Powerday – one of the biggest waste-management companies in...more

France’s Energy Mix Remains Uncertain with Nuclear Decommissioning Expected

France adopted an ambitious energy transition package in August 2015 that sets out various targets designed to achieve the gradual de-carbonisation and increased sustainability of its economy. The package includes...more

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