Editorial

The race to net zero by 2050: avoiding unintended consequences
DR PHOEBE WYNN-POPE, ABIGAIL GILL, ANTHONY ARROW AND KATE CILL-HERDMAN
Corrs Chambers Westgarth, Melbourne, Australia

Article
The Glasgow Climate Pact: from progress to uncertainty
PROFESSOR ALEXIOS ANTYPAS AND BROOKE ELLEN MOORE
Central European University
In their survey of COP26, the authors highlight in particular the conference’s ambitious aims for coal, methane and loss and damage. They also comment on the Climate Finance Delivery Plan put forward by Germany and Canada, and the importance of the joint declaration by the US and China. They conclude that the hope of keeping global warming to 2pC, or even 1.5pC, is still alive, if not entirely well

Case Commentaries
Challenging policy on climate change grounds: Divisional Court split on challenge against UK Export Finance’s decision to provide finance to the Mozambique LNG Project
ALISTAIR CALVERT AND JOHN GILBERT
Bracewell LLP, London
A case brought by Friends of the Earth is the first challenge to be made on the basis of a public authority’s alleged failure to properly consider the implications of the Paris Agreement and has potential global implications, in particularly for export credit agencies. Although the claim failed, Friends of the Earth were granted permission to appeal

EU proposed Directive on Corporate Sustainability Due Diligence
ELEANOR REEVES, WILL CHALK, ELNAZ AMIRI AND JOANNA FOX
Ashurst LLP, London
While the proposed directive focuses on EU companies, it will also catch non-EU companies which generate a certain net turnover in the EU. This comment examines the obligation on companies to conduct human rights and environmental due diligence across the whole of their business, along with directors’ duties under the directive, noting that the directive goes beyond current and proposed due diligence in the UK

Delaying ELM would halve its carbon savings by 2035
DUSTIN BENTON
Policy Director, Green Alliance
The proposal to delay the implementation of the UK Government’s environmental land management scheme for a further two years would mean that its contribution to the fifth carbon budget (2028–32) would halve, leaving a substantial gap in the UK’s net zero plans. Retaining the previous EU scheme for an extra two years means that at least £1.2 billion will continue to be spent on the wealthiest farms in England, that is, those receiving more than £100,000 each in public subsidy in exchange for no public goods

UK News Reports

Current Survey

European Union

MARTIN HEDEMANN-ROBINSON, University of Kent, Canterbury
Key Policy Developments July–September 2020

EU Report confirms health impacts from environmental degradation

Urban Waste Water Treatment in the EU 

EU revises state aid guidelines on EU emissions trading system

EU–India Resource Efficiency Partnership

Law Enforcement Issues July–September 2020

EU Environmental Legislation Update