Articles

The European Parliament’s recommendation to the European Commission on ESG due diligence and corporate accountability
SIMON SALTER AND FLORA PITTI-FERRANDI
Vivien & Associés, Paris
Later this year, in response to a report of the European Parliament, the European Commission is expected to issue a directive requiring the 27 Member States to legislate to introduce mandatory due diligence on the environmental, human rights and good governance (ESG) impact of supply chains and to hold undertakings accountable and liable for adverse ESG impacts. This article provides an outline of the proposed directive

Electric power lines and birds: some remarks on the Endesa criminal proceedings before the Spanish authorities
AGUSTÍN GARCÍA URETA
University of the Basque Country

The criminal law suit against the electricity company Endesa for the electrocution of birds landing on towers or distribution cables in the Province of Barcelona highlights the need to protect migratory birds in areas that they pass through as well as where they stay. This article questions whether Spanish Royal Decree 1432/2008 is compatible with the Wild Birds Directive in that it fails to ban overhead power lines in SPAs

The EU Taxonomy Regulation: giving a good name to sustainable investment
CATHERINE MALECKI
Rennes 2 University

This article presents the latest developments in EU regulations in the field of sustainable finance, especially the Taxonomy Regulation. The Taxonomy will lay the foundations underpinning the future regulations or incentive mechanisms for public institutions concerning investment. Under the heading of what a ‘sustainable’ activity should be, this regulation introduces the emblematic concept of the do not harm principle which is rich in promise The development of non-financial information (transparency requirements in the financial sectors, fiduciary duties, main use of websites) is closely linked to the success of the Taxonomy and is a key element enabling the success of the EU strategy. The latest communication from the Commission, ‘Forging a climate-resilient Europe – the new EU Strategy on Adaptation to Climate Change’, confirms the ambition to tackle climate change, especially through adaptation and mitigation

Case Commentary
Central banks now in sights of climate change litigants
SIMON ORTON and ANTHEA BOWATER
Freshfields Bruckhaus Deringer, London

Earlier this year an NGO filed the first climate-related case against a central bank. In this article Simon Orton and Anthea Bowater explain the case and its wider implications for financial services firms

Okpabi v Shell: UK Supreme Court reaffirms broad potential for environmental damage claims against parent companies
JAMES LANGLEY, CATHERINE GILFEDDER and LARA ARMESVENTER
Dentons, London
In this commentary the authors examine the findings of the UK Supreme Court in allowing a claim by Nigerian citizens against Royal Dutch Shell Plc and itssubsidiary relating to oil leaks from pipelines in the Niger delta

The French 2021 Bill on the fight against climate change and on resilience strengthening in the face of its effects: first overall impressions
CHRISTIAN DADOMO
University of the West of England

The 2021 Climate and Resilience Bill: twelve key measures to give a new impetus to the fight against global warming and a double objective to meet France’s international commitments and make the planet more habitable for present and future generations

US Litigation and Regulation – Selected Issues
AMERICAN COLLEGE OF ENVIRONMENTAL LAWYERS

Who wins when federal mineral lessees collide within the same acreage?

Extending fundamental rights to Lake Erie?

Nuclear power and pre-emption under the Atomic Energy Act: is a new era dawning?

Current Survey

European Union
MARTIN HEDEMANN-ROBINSON, University of Kent, Canterbury

Key Policy Developments September–October 2019

EU prepares the ground for COP-25 in Santiago
EU, Iceland and Norway deepen co-operation on climate action
EU proposes to enhance enforcement checks on REACH registrations
Green public procurement: EU guidance on food and catering services
Nature and economy: EU adopts guidance to support integrate environmental considerations in decision-making
EU Member States prepare for 8th EU Environment Action Programme

Other Matters
Inauguration of new European Commission delayed 
Law Enforcement Issues September– October 2019
Environmental liability
Environmental impact assessment
Animal welfare
Air quality
Marine environment
Waste
EU Environmental Legislation Update