The recent decision (20 February 2024) of the High Court in R (Rights Community Action) v Secretary of State is a rare example of an NGO succeeding in a climate change legal action under English law. In the case, Rights Community Action persuaded the High Court to overturn a finding by the Secretary of State’s Planning Inspectors that a local authority’s “net zero” policy was unlawful.Continue Reading NGO successfully challenges planning inspectors’ report on energy performance standards
Tim Baines
Tim Baines is a partner in the London environmental and planning team of Mayer Brown. Tim has a particular interest and background in advising companies and financial institutions in the real estate, energy and sustainability sectors. He has considerable knowledge of UK planning and environmental regimes, renewables incentives regimes, and emissions and climate-related matters.
COP28 insights mini-series
Our mini Q&A series followed COP28, providing you with a quick and easy way to see how the discussions evolved. Our coverage highlighted significant and recent developments from a legal perspective, allowing you to assess the impact of these on your business.
View the mini Q&A series at Mayerbrown.com.
A Wrap-Up of Recent UK Climate Change Litigation
Most UK climate litigation concerns challenges to the decisions of public authorities on projects with environmental effects or policies being adopted by Government that can have significant impacts on the environment.
A series of five recent decisions in the courts – all of which have rejected challenges based on climate grounds – show that the UK courts are extremely reluctant to call into question the decisions of national or local public authorities in the case of individual projects. However, as we will see, there is room for challenges to be successful in limited circumstances which we consider below.Continue Reading A Wrap-Up of Recent UK Climate Change Litigation
COP28 Insights Mini-Series – Part 2
As we alluded to in our pre-COP video (which you can watch here), the first Global Stocktake under the Paris Agreement will be concluded at COP28. Although it is an important milestone in terms of establishing a comprehensive picture of what has been achieved since the Paris Agreement was entered into and what remains to be done, discussions appear to be fraught. Clearly, an exercise of this kind allows for the re-opening of old wounds around substantive matters such as how to share responsibility for mitigation efforts. On this theme, at the opening ceremony, UNFCCC Executive Secretary, Simon Stiell, urged participants to signal the decline of the fossil fuel industry. Current expectations are that decisions in this regard will be in the context of the Global Stocktake. Continue Reading COP28 Insights Mini-Series – Part 2
COP28 Insights Mini-Series – Part 1
This mini Q&A series will follow COP28, providing you with a quick and easy way to stay informed as the discussion evolves. Our coverage will highlight significant and recent developments from a legal perspective, allowing you to assess the impact of these on your business.
In this video, Tim Baines (Environmental partner, London, and founding…
UK Sustainability Disclosure Framework – FCA publishes final rules on Sustainability Disclosure Requirements and investment labels
On 28 November 2023, the UK’s Financial Conduct Authority (“FCA“) published its “Sustainability Disclosure Requirements (“SDR“) and investment labels” policy statement (PS23/16) (the “Policy Statement“). The Policy Statement introduces a set of new rules aimed at tackling greenwashing, including investment product sustainability labels and restrictions on how terms…
ESMA publishes explanatory notes on the definition of “sustainable investments”, “do no significant harm” and the use of estimates in European sustainable finance regulation
The European Securities and Markets Authority (“ESMA“) has today published three useful explanatory notes covering key topics of the European sustainable finance framework, namely: a) the definition of “sustainable investments”; b) the application of do no significant harm (“DNSH“) principle; and c) the use of estimates.
The explanatory notes set out…
International businesses with operations in the EU: Are you taxonomy-ready?
What is a taxonomy anyway?
The EU’s “Taxonomy” is a classification framework that determines whether an economic activity is environmentally sustainable.
Under EU legislation, “large” EU companies will soon need to report on their taxonomy “alignment” as part of their mandatory sustainability disclosures. This means, at risk of oversimplifying, reporting on the extent to which…
2023 has been the year of the taxonomy
Our international ESG team has been keeping an eye on what’s going on with regards to green taxonomies. With so much activity already this year, we summarize some of the key developments below.
EU
We recently published this reminder of the EU’s taxonomy framework. Our publication is particularly relevant to non-EU groups with large subsidiaries…
Disclosure Framework on UK Transition Plans
In 2021, at COP 26, the UK Government announced its intention that the UK would become the world’s first net zero aligned financial centre. It also launched the Transition Plan Task Force (“TPT”) with a view to producing a Gold Standard Disclosure Framework for transition plans.
Last week, the TPT published its Disclosure…