The UK is the first major economy and G7 country to adopt the target following the CCC’s May 2019 recommendation.

By Paul A. Davies and Michael D. Green

Adoption of 2050 Net-Zero Target

UK Prime Minister Theresa May has confirmed that the UK government will adopt the Committee on Climate Change’s (CCC’s) recommended net-zero target by 2050, and will formalize that adoption through legislation. The new target supersedes the 80% greenhouse gas (GHG) reduction by 2050 target, contained in the Climate Change Act 2008. The Climate Change Act 2008 will be amended to incorporate the new net-zero target via statutory instrument, which has already been laid before Parliament.

The UK is the first major economy, and the first of the G7 group, to adopt a net-zero target, under which GHG emissions must be balanced by initiatives such as improved use of renewable energy, tree planting, carbon capture and storage technologies, and carbon offset schemes. The CCC’s recommended target is considered to be one of the toughest climate change targets in the world.

The Committee has recommended that the UK government take the lead in reaching net-zero, through social, financial, and policy change.

By Paul A. Davies and Michael D. Green

The Committee on Climate Change (CCC), a statutory body that advises the UK government on carbon budgets, has recommended that the UK government should commit to cutting greenhouse gases (GHGs) to net-zero by 2050 in an attempt to meet its commitments under the 2015 Paris Agreement. The Financial Times described the proposed goal as the “toughest binding target of any big economy.”[i] To meet this ambitious net-zero target, the UK government would need to employ technologies such as carbon capture, utilization, and storage to curtail the volume of GHGs entering the atmosphere. Chris Stark, chief executive of the CCC, remarked that the UK’s bid to reach net-zero will be a “powerful signal to other countries”[ii] to take action.

The growth in the level of undertakings throughout 2018 tallies with a general increase in environmental enforcement.

By Paul A. Davies and Michael D. Green

The Environment Agency has released data indicating that enforcement undertakings in England and Wales reached more than £2.2 million in 2018 — the highest-ever levels within a single year. The amounts raised under these undertakings were given to projects and charities that will benefit the environment and assist in cleaning up parks, rivers, and beaches. In addition, the enforcement undertakings include voluntarily agreed binding commitments to carry out remediation and/or other corrective action.

Enforcement undertakings are voluntary, legally binding agreements that regulators can use if they have reasonable grounds to suspect that an offence has been committed. These undertakings are one of the enforcement tools available to the Environment Agency, Natural England, and Natural Resources Wales in relation to potential environmental offences. Such offences include those relating to breaches of environmental permitting regulations, breaches under producer packaging requirements, and breaches of regulations concerning the discharge of wastewater.

Initiative will advance the UK’s Paris Agreement targets by serving as a “one-stop shop for world-leading climate science, and for capital.”

By Paul A. Davies and Michael D. Green

UK Chancellor, Philip Hammond, has announced plans to launch a Green Finance Institute (GFI), through funding from both the UK government and the City of London Corporation. The initiative aims to help the UK reach its climate targets under the Paris Agreement by developing and promoting investment in the green finance market, while bolstering the future of the UK’s financial services sector. According to the Chancellor, the establishment of the GFI will mean that “firms from across the world can access our one-stop-shop for world-leading climate science, and for capital.”

The move reflects recommendations from the Green Financial Taskforce that were published in a March 2018 report. In the report, the Green Financial Taskforce suggested establishing a specific institute with the purpose of promoting green finance in order to expedite and enhance sustainable finance in the UK.

Relief from the mandatory scheme will reduce the administrative burden on non-energy intensive companies.

By Paul A. Davies and Michael D. Green

The Carbon Reduction Commitment (CRC) — which first came into operation on 1 April 2010 — will be abolished at the end of the 2018-19 compliance year, pursuant to the CRC Energy Efficiency Scheme (Revocation and Savings) Order 2018 (SI 2018/841) (the Order). The CRC is a mandatory carbon emissions trading scheme that applies to large UK business and public organisations.

The CRC was aimed at increasing energy efficiency and reducing carbon emissions from large non-intensive energy users. These emissions are thought to constitute around 10% of greenhouse gases (GHGs) in the UK. The scheme applied to organisations that, over the course of a year, used more than 6,000 megawatt-hours (MWh) of certain electricity and had at least one half-hourly meter settled on the half-hourly electricity market.

After neglecting to heed an initial warning, six Member States may face financial penalties if they do not reduce pollution levels.

By Paul A. Davies, Michael D. Green, and Alexander Wilhelm

The European Commission (EC) has referred the UK, France, Germany, Hungary, Italy, and Romania to the European Court of Justice (ECJ) for failing to adequately tackle and control air pollution in their respective jurisdictions. The Member States, the EC said, had not produced and delivered “credible, effective and timely measures to reduce pollution as soon as possible, as required under EU law”. The EC had already issued these Member States with a warning in January 2018. Polluted and toxic air is thought to cause over 400,000 early deaths each year in Europe. The actions against the UK, France, and Germany concern exceedances of nitrogen dioxide (NO2), while the actions against Hungary, Italy, and Romania target particulate matter (PM10).

The ECJ can impose significant fines stretching to millions of euros, for Member States that fail to remedy their behaviour.

In this blog, a more detailed analysis of the current position in the UK, France, and Germany is set out.

Consultation document proposes replacing the European Commission with a new environmental watchdog, among other recommendations.

By Paul A. Davies and Michael D. Green

The UK government has announced a consultation in relation to the proposed new Environmental Principles and Governance Bill, which aims to ensure maintained and strengthened environmental protection following the UK’s exit from the EU. While this particular consultation, which was announced on 10 May, relates to England, the government has indicated that it will “… work closely with devolved administrations on common frameworks”. The government’s intention is to “… ensure we leave our environment in a better state than we inherited it”. The planned publication date for the Bill is this autumn.

The consultation document includes three parts:

  • Part 1 relates to the effect of environmental principles enshrined in both international and EU law, and how England’s statutory framework could incorporate these principles.
  • Part 2 addresses the idea of establishing a new watchdog to hold the government to account in relation to environmental protection.
  • Part 3 explores what the exact function and role of the new watchdog would be, as well as the responsibilities of government and Parliament in developing policy and law, along with the Environment Agency’s and Natural England’s role in implementing such policies.