Articles

Environment Act 2021: biodiversity net gain and its implementation
MARTYN JARVIS
Senior Associate – Planning and Environment,
Herbert Smith Freehills LLP, London  

The Environment Act 2021 contains an environmental net gain principle for development and a consultation is underway as to how this will work in practice. This article discusses the application of the principle under the Town and Country Planning Act 1990 and the Planning Act 2008, and the steps that developers need to be taking now.

The transshipment of lithium-ion batteries in electric vehicles under the  Basel Convention
ABBIE BAUCKHAM, EMILY BEARDSLEY
Birmingham Law School, Environmental Policy Clinic

LIBs are the main component in powering electric vehicles. The dramatic increase in EVs, which will require new battery packs every eight to ten years, will create a significant new waste stream requiring transshipment. While the Basel Convention does not explicitly classify LIBs as hazardous waste, the article argues for stringent regulation of their international transshipment.

A critical analysis of the Convention on Biological Diversity in relation to forest protection
ALOIS ALDRIDGE MUGADZA
University of Johannesburg
REZA MADDAHI
University of Eastern Finland

Natural forests contain some important species which are threatened by extinction and some which are thriving. Forests themselves have been threatened by deforestation and forest degradation. The Convention on Biodiversity seeks to conserve and manage biodiversity, of which tree species are one, yet forests are not protected by an international binding instrument. This article explores whether forests are, in fact,  protected by the Convention, and if so whether it is sufficient for forest protection.

Comparing recent deforestation measures of the United States, European Union, and United Kingdom
JEFFREY WEISS, KATY SHIN, EVA MONARD, SIMON TILLING, BYRON MANIATIS
Steptoe & Johnson LLP,  Washington, D.C. and Brussels

An examination of measures aimed at eliminating illegal deforestation worldwide reveals similarities and differences between three jurisdictions. These measures are all likely to increase costs for producers and/or purchasers of relevant products and may even preclude market access.

Case Commentaries

The right to life, landfill gas and the regulator
ROSALIND ENGLISH Academic Consultant, 1 Crown Office Row

Competition and Markets Authority launches a review of environmental claims in the fashion retail sector
MARTA ISABEL GARCIA, BRYONY ROY
Stephenson Harwood LLP, London

MMO drops case against Greenpeace after the judge required a review of  this ‘absurd’ prosecution
GRAHAM THOMPSON
Greenpeace UK

How the OEP fits into the environmental governance jigsaw 
JULIE VAUGHAN
Herbert Smith Freehills LLP, London

UK News Reports

Behind the Headlines
New guidance for land managers  
David Pockington