Quarterly Comment by Trinity Chambers: Trinity Chambers,Newcastle

Abstract

Keywords

Environmental law Environmental policy EU law Environment European Union

Paris has rules. The landmark Paris Agreement on climate change now has an accompanying ‘rulebook’. The rules, agreed at the 24th Conference of the Parties to the UN Framework Convention on Climate Change, set out in clear terms how parties to the Paris Agreement can implement, track and progressively enhance their contributions to tackling climate change.

In a promising move, the European Union has resolved to take action to restrict single-use plastic products. A meeting of the European Parliament and Permanent Representatives Committee agreed the Council’s position on a proposal for a new directive which will ban the use of certain single-use plastics for which an alternative exists. This embryonic development has all the hallmarks of becoming law in the very near future.

In the UK, the government issued a new Clean Air Strategy in January 2019. The new strategy hit headlines with, in particular, a bold new goal to reduce particulate matter from the burning of wood and coal in open fires and domestic stoves, together with an assault on the emissions of ammonia from farming. The World Health Organization (WHO) identifies particulates as the most damaging to humans. It hails the move as a global example for other countries to follow. There have been concerns raised about the lack of teeth in the strategy to enforce limits and restrictions. This welcome strategy comes after the government’s repeated defeat in the courts over its failures on clean air.

There have, over the last quarter, been a number of cases that concern fracking. This issue details the legal challenges that have taken place involving fracking, and the judicial reasoning in each.

Update

TRINITY CHAMBERS:

Matthew R. Crowe, Rebecca Suttle and Alice Richardson (assisted by Victoria Ball, Student, University of Northumbria)

NEWCASTLE UNIVERSITY:

Jennifer Stephens and Anna McClean

DOMESTIC LEGISLATION
TYPE	IN FORCE	TITLE	DESCRIPTION AND URL
Bill	2nd Reading: 26 January 2018	Open Skies Agreement (Membership) Bill 2017 (HL Bill 20)	A bill to promote continued membership of the Open Skies Agreement. https://services.parliament.uk/bills/2017-19/openskiesagreementmembership/documents.html
Bill	2nd Reading: 1 March 2019	Nappies (Environmental Standards) Bill 2018 (HC Bill 299)	A bill to establish environmental standards for nappies; to make provision about the advertising and promotion of nappies with regard to those standards; and for connected purposes. https://services.parliament.uk/Bills/2017-19/nappiesenvironmentalstandards/documents.html
Bill	2nd Reading: 1 March 2019	Packaging (Extended Producer Responsibility) Bill 2018 (HC Bill 226)	A bill to require producers of packaging products to assume responsibility for the collection, transportation, recycling, disposal, treatment and recovery of those products; and for connected purposes. https://services.parliament.uk/Bills/2017-19/packagingextendedproducerresponsibility/documents.html
SR	In accordance with Regulation 1	Water and Floods (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (SR 2019, No. 32)	These regulations make amendments to Northern Ireland legislation in the fields of water and floods. www.legislation.gov.uk/uksi/2019/32/made
SI	In accordance with Regulation 1(1)	Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (SI 2019, No. 25)	These regulations make amendments to domestic legislation that implements, in part, Directive 2011/92 on the assessment of the effects of certain public and private projects on the environment. More specifically, they make amendments to domestic legislation concerned with environmental impact assessments in the context of land drainage improvement works, forestry, water resources, agriculture and marine works. www.legislation.gov.uk/uksi/2019/25/contents/made
SI	In accordance with Regulation 1	Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (SI 2019, No. 24)	These regulations make amendments to five different sets of regulations to address the failure of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union. www.legislation.gov.uk/uksi/2019/24/contents/made
SI	In accordance with Regulation 2.	Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2018 (SI 2018, No. 1405)	These regulations make amendments to legislation in the field of environmental protection, in particular, legislation relating to the regulation of persistent organic pollutants. www.legislation.gov.uk/uksi/2018/1405/made
SSI	28 February 2019	Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (SSI 2018, No. 391)	The instrument makes miscellaneous amendments to pieces of secondary legislation relating to the environment, food and rural affairs. www.legislation.gov.uk/ssi/2018/391/contents/made
SI	In accordance with Regulation 1	Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations 2018 (SI 2018, No. 1407)	These regulations amend retained direct EU legislation relating to air quality, to ensure that it continues to operate effectively following the withdrawal of the UK from the EU by addressing deficiencies, such as references to EU authorities being replaced with domestic equivalents and removing certain references made to that legislation in an annex to the EAA agreement. www.legislation.gov.uk/uksi/2018/1407/made
SI	In accordance with Regulation 1(2)	Genetically Modified Organisms (Amendment) (England) (EU Exit) Regulations 2019	These regulations address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union. They also make amendments to provisions in secondary legislation on genetically modified organisms that are out of date. www.legislation.gov.uk/uksi/2019/88/contents/made
SI	In accordance with Regulation 1	Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (SI 2019, No. 39)	These regulations address failures to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union. www.legislation.gov.uk/uksi/2019/39/pdfs/uksiem_20190039_en.pdf
SI	In accordance with Regulation 1	Aquatic Animal Health and Alien Species in Aquaculture (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019, No. 9 (C.2))	These regulations make amendments to subordinate legislation in the fields of aquatic animal health and alien and locally absent species in aquaculture in relation to Scotland. www.legislation.gov.uk/ssi/2019/9/contents/made
SI	In accordance with Regulation 2	Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019 (SI 2019, No. 74)	These regulations make amendments to environmental legislation, and amend subordinate legislation in the field of air quality. www.legislation.gov.uk/uksi/2019/74/contents/made
SI	In accordance with Regulation 1	Marine Environment (Amendment) (EU Exit) Regulations 2018 (SI 2018, No. 1399)	These regulations make amendments to legislation in the field of the marine environment and, in particular, marine strategy. www.legislation.gov.uk/uksi/2018/1399/made
SI	In accordance with Regulation 1.	Nagoya Protocol (Compliance) (Amendment) (EU Exit) Regulations 2018 (SI 2018, No. 1393)	These regulations make amendments to legislation in the field of environmental protection and, in particular, amend legislation relating to access to genetic resources and fair and equitable sharing of benefits. www.legislation.gov.uk/uksi/2018/1393/contents/made
SI	In accordance with Regulation 1	Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (SI 2018, No. 1388)	These regulations make amendments to legislation relating to monitoring and reporting of carbon dioxide emissions from maritime transport. www.legislation.gov.uk/uksi/2018/1388/made
SR	17 January 2019	Fluorinated Greenhouse Gases (Amendment) Regulations (Northern Ireland) 2018 (SR 2018, No. 206)	These regulations make updates to existing Regulations on fluorinated greenhouse gases (F-gases). F-gases are, in the short term, harmless to humans, animals and plants. However, in the long term, they have a very high global warming potential, much higher than carbon dioxide, contributing to rising global temperatures. EU legislation therefore requires that the use of F-gases is restricted and monitored. Laws on F-gases have therefore been compiled for Northern Ireland (including on offshore installations in Northern Ireland waters), as F-gases are used in sectors of industry in Northern Ireland. www.legislation.gov.uk/nisr/2018/206/contents/made
SI	In accordance with Regulation 1	INSPIRE (Amendment) (EU Exit) Regulations 2018 (SI 2018, No. 1338)	Part 2 of these Regulations amends the INSPIRE Regulations 2009. Part 3 amends retained direct EU legislation which relates to the Regulations amended by Part 2. Part 4 revokes Regulation 268/2010 and makes a consequential amendment to the EEA Agreement Annex 20. www.legislation.gov.uk/uksi/2018/1338/made
SI	In accordance with Regulation 1.	Pipelines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (SI 2018, No. 1325)	These regulations address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU. They amend legislation in the fields of hydrocarbon licensing, oil stocking and the assessment of environmental effects for electricity works, pipe-lines and oil and gas projects. www.legislation.gov.uk/uksi/2018/1325/made
SI	28 December 2018	Conservation of Habitats and Species and Planning (Various Amendments) (England and Wales) Regulations 2018 (SI 2018, No. 1307)	These regulations are made under the European Communities Act 1972 and amend the Conservation of Habitats and Species Regulations 2017, Neighbourhood Planning (General) Regulations 2012, Town and Country Planning (Permission in Principle) Order 2017 and Town and Country Planning (Brownfield Land Register) Regulations 2017. These s transpose Article 6(3) of Directive 92/43 on the conservation of natural habitats and of wild fauna and flora. www.legislation.gov.uk/uksi/2018/1307/contents/made
SI	6 December 2018	Carbon Accounting (Wales) Regulations 2018 (SI 2018, No. 1301 (W. 255))	These regulations make provision about carbon accounting and carbon units for the purposes of calculating the net Welsh emissions account under the Part 2 of the Environment (Wales) Act 2016. The purpose of Part 2 is to require the Welsh Ministers to meet targets for reducing emissions of greenhouse gases (GHG) from Wales. Section 29 requires that the Welsh Ministers ensure that the net Welsh emissions account for the year 2050 is at least 80 per cent lower than the 1990 baseline. Section 33 provides that the net Welsh emissions account for a period is the amount of net Welsh emissions of GHG minus any carbon units credited to the account and plus any carbon units debited from the account during the period. www.legislation.gov.uk/wsi/2018/1301/regulation/2/made
SI	6 December 2018	Climate Change (International Aviation and International Shipping) (Wales) Regulations 2018 (SI 2018, No. 1302 (W.256))	These Regulations provide a formula for determining what emissions of GHG from international aviation and international shipping are to be regarded as Welsh emissions under section 34(2) of the Environment (Wales) Act 2016. The purpose of Part 2 of the Act is to require the Welsh Ministers to meet targets for reducing emissions of GHG from Wales. Section 34(2) of the Act provides that Welsh emissions are those that are emitted from sources in Wales and those from international aviation or international shipping that are included as Welsh emissions by virtue of regulations made under section 35 of the Act. www.legislation.gov.uk/wsi/2018/1302/made
SI	6 December 2018	Climate Change (Carbon Budgets) (Wales) Regulations 2018 (SI 2018, No. 1303 (W. 257))	These regulations provide for a maximum total amount for the net Welsh emissions account (a carbon budget) for the first two budgetary periods, 2016–2020 and 2021–2025, provided for in section 31(3) of the Environment (Wales) Act 2016. The purpose of Part 2 of the Act is to require the Welsh Ministers to meet targets for reducing net Welsh emissions of GHG from Wales. Section 29 places a duty upon the Welsh Ministers to ensure that net Welsh emissions for the year 2050 are at least 80 per cent lower than the 1990 baseline emissions figures. Section 31(1) provides that the Welsh Ministers set carbon budgets for each five-year budgetary period between 2016 and 2050. Section 32(2) requires that each carbon budget set by the Welsh Ministers is set at a level consistent with meeting the 2050 Target. www.legislation.gov.uk/wsi/2018/1303/made
SI	6 December 2018	Climate Change (Net Welsh Emissions Account Credit Limit) (Wales) Regulations 2018 (SI 2018, No. 1305 (W. 259))	These regulations set a limit on the amount of carbon units that may be credited to the net Welsh emissions account in accordance with section 33(4) of the Environment (Wales) Act 2016. Section 33 provides that the net Welsh emissions account for a period is the amount of net Welsh emissions of GHG plus any carbon units debited from the account, and minus any carbon units credited to the account during the period. Section 33(4) requires the Welsh Ministers to set a limit on the amount of carbon units that may be credited to the net Welsh emissions account for a budgetary period. www.legislation.gov.uk/wsi/2018/1305/made
SI	6 December 2018	Climate Change (Interim Emissions Targets) (Wales) Regulations 2018 (SI 2018, No. 1304 (W. 258))	The Welsh Ministers are to meet targets for reducing emissions of GHG from Wales. Section 29 requires that the Welsh Ministers ensure that the net Welsh emissions account for the year 2050 is at least 80 per cent lower than the 1990 baseline. Section 30 requires that the Welsh Ministers make regulations to set interim emissions targets for the years 2020, 2030 and 2040. These targets are expressed as a percentage below the baseline. www.legislation.gov.uk/wsi/2018/1304/made
SI	24 December 2018	Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (SR 2018, No. 200)	These regulations are made in exercise of the powers in section 2(2) of and paragraph 1A of Schedule 2 to the European Communities Act 1972, to make minor miscellaneous technical amendments to update outdated references in existing legislation that transposes current EU environmental requirements. www.legislation.gov.uk/nisr/2018/200/made
SI	In accordance with Regulation 1	Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations 2018 (SI 2018, No. 1234)	These regulations make amendments to secondary legislation in the field of town and country planning and infrastructure planning. www.legislation.gov.uk/uksi/2018/1234/contents/made
SI	In accordance with Regulation 2	Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018 (SI 2018, No. 1227)	These regulations amend the Environmental Permitting (England and Wales) Regulations 2016 to improve performance at permitted waste sites. They make changes to one exemption and one exclusion in respect of flood risk activities in the 2016 Regulations and fix an unintended consequence in relation to radioactive substance activities. They also introduce a fixed penalty notice for breaches of the household waste duty of care, which is set out in section 34 of the Environmental Protection Act 1990. www.legislation.gov.uk/uksi/2018/1227/contents/made
SI	17 December 2018	Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (SI 2018, No. 1216 (W.249))	These regulations make amendments in relation to Wales to a number of pieces of secondary legislation relating to the environment, planning and rural affairs. www.legislation.gov.uk/wsi/2018/1216/made
SI	In accordance with Regulation 1	Climate Change Agreements (Amendment of Agreements) (EU Exit) Regulations 2018 (SI 2018, No. 1205)	These regulations make amendments to both types of agreement made pursuant to the Climate Change Agreement scheme established under Schedule 6 of the Finance Act 2000, including in consequence of the withdrawal of the UK from the EU, being umbrella agreements (which are agreements between the administrator of the scheme and the sector associations) and underlying agreements (which are between the administrator and operators). The amendments update references to the European Commission’s guidelines setting out the definition of an undertaking in difficulty to the latest version of those guidelines. The amendments also, in consequence of the withdrawal of the UK from the EU, correct deficiencies in cross-references to Directive 2003/87 establishing a system for GHG emission allowance trading within the Union and amending Directive 96/61. www.legislation.gov.uk/uksi/2018/1205/contents/made
SSI	31 December 2018	Environmental Noise (Scotland) Amendment Regulations 2018 (SSI 2018, No. 342)	These regulations amend the Environmental Noise (Scotland) Regulations 2006 to implement Commission Directive 2015/996, by providing for new common noise assessment methods as set out in Annex II to Directive 2002/49 relating to the assessment and management of environmental noise. They also make an amendment to Regulation 5(2)(b) of the 2006 Regulations to clarify the intended application of the supplementary noise indicators defined in Schedule 3 of those Regulations. www.legislation.gov.uk/ssi/2018/342/contents/made
SR	31 December 2018	Environmental Noise (Amendment) Regulations (Northern Ireland) 2018 (SR 2018/190)	These regulations implement Directive 2015/996 on common noise assessment methods and apply the common noise assessment methods in the Annex of that Directive in place of the methods previously referred to in Regulation 4 of the Environmental Noise Regulations (Northern Ireland) 2006. www.legislation.gov.uk/nisr/2018/190/made

EU AND INTERNATIONAL LEGISLATION

Amendments adopted by the European Parliament on 24 October 2018 on the proposal for a directive of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment (COM(2018)0340 – C8-0218/2018– 2018/0172(COD))

Draft plans approved by the European Parliament and the Permanent Representatives Committee seek to ban single-use plastics (such as bags or packaging and fast-food containers) from EU markets from 2021.

www.europarl.europa.eu/news/en/press-room/20181018IPR16524/plastic-oceans-meps-back-eu-ban-on-throwaway-plastics-by-2021

Report from the Commission to the European Parliament and the Council on the implementation of Regulation (EC) No. 1013/2006 on shipments of waste: Generation, treatment and transboundary shipment of hazardous waste and other waste in the Member States of the European Union, 2013–2015; exercise of the power to adopt delegated acts, European Commission, COM(2018) 762 final: SWD(2018) 468 final, 22 November 2018

This Report – the fifth in a series – concerns the implementation of Regulation 1013/2006 on Shipments of Waste. It covers the years 2013 to 2015 and draws together reports from individual Member States. The Commission is preparing to evaluate the Regulation. The Report analyses matters such as the reporting of exports/imports by member states, generation of hazardous waste and unlawful activity

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=COM:2018:762:FIN&qid=1542905702029&from=EN

Commission Implementing Decision (EU) 2018/2079 of 19 December 2018 on the approval of the engine idle coasting function as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No. 443/2009 of the European Parliament and of the Council [2018] OJ L331/225, 17 January 2019

This Decision approves a joint application from vehicle manufacturers Audi, BMW, FCA Italy, Ford, Hyundai, JLR Jaguar Land Rover, Opel Automobile, PSA Peugeot Citroën, Groupe Renault, Robert Bosch, Toyota, Volvo and Volkswagen for the ‘engine idle’ function to be recognised as an eco-innovative technology within the meaning of Regulation 443/2009 setting emission performance standards for new passenger cars as part of the Community’s integrated approach to reduce CO₂ emissions from light-duty vehicles, Article 12, provided that specified conditions are met.

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2018_331_R_0012

Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 [2018] OJ L334/1, 1 January 2019

This Regulation lays down rules for the monitoring and reporting of greenhouse gas emissions and activity data pursuant to Directive 2003/87 on a scheme for greenhouse gas (GHG) emission allowance trading within the Community, in the trading period of the EU emissions trading system commencing on 1 January 2021 and subsequent trading periods. It further amends Regulation 601/2012 (on the monitoring and reporting of GHG emissions), effective from 1 January 2019. Regulation 601/2012 will be repealed on 1 January 2021.

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2018_334_R_0001

Commission Implementing Decision (EU) 2018/2023 of 17 December 2018 on amending Implementing Decision (EU) 2017/1984 determining, pursuant to Regulation (EU) No. 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases, reference values as regards reference values for the period from 30 March 2019 to 31 December 2020 for producers or importers established within the United Kingdom, which have lawfully placed on the market hydrofluorocarbons from 1 January 2015, as reported under Regulation [2018] OJ L323/32, 19 December 2018

This Decision helps prepare for Brexit. It states that, for undertakings to which the Decision is aimed, and from the time that EU law ceases to apply in the UK, the reference value in the Annex to Decision 2017/1984 on fluorinated GHG is replaced by the reference value set out in the Annex to this Decision or the undertaking is removed from the Annex as specified in the Annex to this Decision.

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2018_323_R_0008

Commission Regulation (EU) 2018/2005 of 17 December 2018 amending Annex XVII to Regulation (EC) No. 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards bis(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP) and diisobutyl phthalate (DIBP) [2018] OJ L322/14, 7 January 2019

This Regulation amends Annex XVII to Regulation 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). The amendment concerns entry 51 in the list of restricted substances.

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2018_322_R_0004

Commission Implementing Regulation (EU) 2018/1992 of 14 December 2018 amending Implementing Regulation (EU) No. 1191/2014 as regards the reporting of data referred to in Article 19 of Regulation (EU) No. 517/2014 in respect of hydrofluorocarbons placed on the market in the United Kingdom and in the Union of 27 Member States [2018] OJ L320/25, 6 January 2018

This Regulation helps prepare for Brexit. The Regulation amends Regulation No. 1191/2014 on the format for submitting the report on fluorinated greenhouse gases to ensure that accurate data is available regarding the placing on the market of hydrofluorocarbons in the Union after the withdrawal of the United Kingdom.

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2018_320_R_0003

Proposal for a Regulation of the European Parliament and of the Council on the alignment of reporting obligations in the field of environment policy and thereby amending Directives 86/278/EEC, 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU, Regulations (EC) No. 166/2006 and (EU) No. 995/2010, and Council Regulations (EC) No. 338/97 and (EC) No. 2173/2005

The Council has agreed to align reporting obligations in the field of environment policy. This will require a regulation to provide a more cohesive approach to environmental reporting.

http://data.consilium.europa.eu/doc/document/ST-9617-2018-INIT/en/pdf

Report from the Commission to the European Parliament and the Council: EU and the Paris Climate Agreement: Taking stock of progress at Katowice COP (required under Article 21 of Regulation (EU) No. 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No. 280/2004/EC), COM(2018) 716 final: SWD(2018) 453 final, European Commission, 26 October 2018

This report concludes that good progress has been achieved in relation to the EU Adaptation Strategy. There are areas in which further work is needed, including the implementation and monitoring of national strategies and the promotion of local action and ecosystem-based adaptation.

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=COM:2018:716:FIN&rid=1

Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Summary of the Synthesis Report on the operation of Regulation (EU) No 649/2012 concerning the export and import of hazardous chemicals, COM(2018) 697 final: SWD(2018) 438 final, European Commission, 17 October 2018

This report considers the implementation from 2014 to 2016 of Regulation No. 649/2012 on the export and import of hazardous chemicals. The Regulation, sometimes referred to as the PIC Regulation, implemented the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade.

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52018DC0697&from=EN

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Commission Work Programme 2019 Delivering what we promised and preparing for the future, COM(2018) 800 final, European Commission, 23 October 2018

This Communication sets out the Commission’s work programme. It lists general proposals in relation to climate change.

https://ec.europa.eu/info/publications/2019-commission-work-programme-key-documents_en

Preparations for the Implementation of the Paris Agreement and the first session of the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement (and other documents)

This document and other associated decisions form a rulebook to make the Paris Agreement on climate change work in practice. There are detailed rules and guidelines concerning, among other topics, transparency, finance and adaptation.

https://unfccc.int/katowice

CASE LAW

DOMESTIC CASE LAW

Air Pollution

HJ Banks and Co Ltd v Secretary of State for Housing and Local Government [2018] EWHC 3141

The claimant mining company applied to quash a decision of the Respondent Secretary of State refusing planning permission for a surface mine for the extraction of coal. The local authority had resolved to grant permission, but the Secretary of State had exercised his statutory power to make his own determination. A planning inspector recommended that permission should be granted. The Secretary of State accepted most of the inspector’s conclusions on particular issues but refused permission. The application was granted. The Secretary of State had erred in refusing planning permission after giving very considerable weight to the adverse effects of the emission of greenhouse gases. He had erred in his approach to paragraph 149 of the National Planning Policy Framework and had given inadequate reasoning on the critical issue of how a proposal for coal required to meet the country’s energy needs could be refused on the basis of the adverse impact of greenhouse gases, unless the gap was filled by renewables or low carbon sources.

www.bailii.org/ew/cases/EWHC/Admin/2018/3141.html

Environmental Impact Assessment

R (on the application Kenyon) v Secretary of State for Communities and Local Government [2018] EWHC 3485 (Admin)

The claimant applied for Judicial Review of the defendant’s screening direction that a proposal for a housing development met the applicable criteria for an urban development project under paragraph 10(b) of Schedule 2 to the Town and Country Planning (Environmental Impact Assessment) Regulations 2017, but it was not EIA development because it was not likely to have significant effects on the environment, applying the criteria in Schedule 3. In an earlier hearing, the claimant had been given permission to challenge the decision on the ground that the defendant failed properly to consider the cumulative environmental effects of the proposal in his screening direction. In this application, the claimant also sought permission to challenge the decision on the ground that the defendant placed undue reliance upon conditions in an attempt to remedy the adverse environmental effects which were likely to arise from the proposal. The claim was dismissed. In relation to the first ground, the defendant’s screening direction was not unlawful. It was apparent from the evidence that the issue of air quality was carefully addressed by the Council in the planning application process, and that this would have informed its screening opinion. In relation to the second ground, permission was refused as the claimant had not established an arguable case that the conclusions were wrong either in fact or law and the claim was therefore unarguable.

www.bailii.org/ew/cases/EWHC/Admin/2018/3485.html

Donnelly’s Application for Judicial Review, Re [2018] NICA 44

The appellants appealed against a decision upholding the grant of planning permission for an underground mine and associated surface level works on the basis that: (i) the planning permission had been granted for an 81-hectare site whereas an Environmental Impact Assessment had only be carried out on a 60-hectare site; and (ii) that the Department of the Environment had accepted a proposal for a monitoring scheme after it granted approval which constituted a failure to comply with the precautionary requirements of Directives 2001/92, 92/43 and 2006/21. The appeal was dismissed. The permission was limited to the 60-hectare site which had been subject to environmental assessment and the post-grant imposition of a monitoring scheme was not in breach of the relevant Directives.

www.bailii.org/nie/cases/NICA/2018/44.html

Water Law

Moore (Valuation Officer), Re [2018] UKUT 324 (LC)

An appeal by the Valuation Officer against a decision of the Valuation Tribunal for England asking the Upper Tribunal to decide whether the risk of future flooding of a property, some sixteen months after the last flood, could constitute a material change in circumstance upon which a valid proposal to alter the property’s assessment in the ratings list can be made. The appeal was allowed. The Valuation Tribunal was wrong to determine that a heightened risk of flood constituted a material change in circumstance. The proposal was therefore found invalid.

www.bailii.org/uk/cases/UKUT/LC/2018/324.html

Boots UK Ltd v Severn Trent Water Ltd [2018] EWCA Civ 2795

An appeal against a grant of summary judgment in favour of the respondent water and sewage undertaker. The manufacturer had sought the reimbursement of allegedly overpaid trade effluent charges arguing that the trade effluent was a mixture of water and trade effluent and that trade effluent charges should only apply to the part of the mixture that was actually trade effluent. The appeal was dismissed. The mixed liquid was trade effluent within the meaning of section 141(1) of the Water Industry Act 1991 and therefore liable to trade effluent charges.

www.bailii.org/ew/cases/EWCA/Civ/2018/2795.html

Environmental Permits

R (on the application of Friends of the Earth Ltd) v Environment Agency [2019] EWHC 25 (Admin)

The claimant challenged a decision of the Environment Agency (EA) to grant a variation to an environmental permit granted to the interested party in relation to mining activities involving hydraulic fracturing. Three grounds of challenge were raised: (1) that the EA breached the requirements of the Environmental Permitting (England and Wales) Regulations 2016, No. 1154, the Mining Waste Directive (2006/21/EC), and the Industrial Emissions Directive (2010/75/EU) by failing to give any or any adequate consideration to whether electrocoagulation would constitute BAT for the treatment and re-use of flow-back fluid as part of the permitted activities under the varied permit (‘the Varied Permit’); (2) alternatively, under Schedule 7, paragraph 6 of Schedule 20, paragraph 12 to the 2016 Regulations, the EA breached its duty to encourage use of the emerging techniques at the site when deciding whether to grant the variation; and (3) when considering whether to grant a variation of the permit the EA failed to consider the claimant’s representations made during the consultation process that electrocoagulation was BAT for managing flow-back fluid. The claim was dismissed as although the court considered the grounds of challenge as arguable and permission could therefore be granted, none of the grounds of challenge were made out.

www.bailii.org/ew/cases/EWHC/Admin/2019/25.html

Energy

R (on the application of Baci Bedfordshire Ltd) v Environment Agency [2018] EWHC 2962 (Admin)

The claimant action group sought judicial review of a decision of the defendant to grant to the interested party an environmental permit for an energy recovery facility at a site in Bedfordshire. The claimant submitted that the decision was irrational as the EA had relied on the interested party’s mistake of fact and/or erroneous science in relation to fugitive emissions of potentially harmful heavy metals from the plant. The EA and the interested party admitted the error but argued that it had not been relied on in the grant of the permit. The claim was dismissed. The court was satisfied from the evidence that the EA had not made the same error and consequently its decision to grant the permit was not irrational.

http://www.bailii.org/ew/cases/EWHC/Admin/2018/2962.html

R (on the application of Dennett) v Lancashire CC [2018] EWHC 2721 (Admin)

The claimant applied for an injunction to prevent an energy company from commencing fracking at a site in Preston and for permission to appeal the defendant local authority’s decision over the management and regulation of the environmental risk involved. The energy company had been granted a petroleum exploration and development licence and environmental permit and had been granted planning permission for a horizontal shale gas well by the secretary of state. The claimant submitted that the local authority had failed to take a precautionary approach to the environmental impact and risks of fracking, especially given the element of uncertainty regarding a new form of mineral extraction. The applications were refused. There was no evidence that the local authority had failed to properly assess the safety risks of fracking and no arguable case that it had failed to conduct appropriate emergency planning procedures.

https://login.westlaw.co.uk/maf/wluk/app/document?&srguid=i0ad832f20000016857aa9a49d8972f0e&docguid=I9BF90DF0CE3111E88BD8F63DAA0C6F87&hitguid=I9BF90DF0CE3111E88BD8F63DAA0C6F87&rank=12&spos=12&epos=12&td=14&crumb-action=append&context=111&resolvein=true

York Potash Ltd, Re [2018] EWHC 3114 (Ch)

The claimant company applied for the court to grant it certain ancillary rights for the purpose of conveying polyhalite or potash from its mine in North Yorkshire via a 36.5 km tunnel to processing and port facilities in Teesside. The application had been made to the Secretary of State under section 4 of the Mines (Working Facilities and Support) Act 1966 and he had referred the matter to the court on the basis that there was a prima facie case for the grant of rights. Under section 3, the applicant had to satisfy the court that the grant of rights was expedient in the national interest, and that it was not reasonably practicable to obtain the rights by private arrangement. The application was granted and the court granted a wayleave under section 2(1)(b) since the relevant landowners could not be found or did not have the necessary powers of disposition.

https://login.westlaw.co.uk/maf/wluk/app/document?&srguid=i0ad82d080000016857a9ad655e117cae&docguid=ID20A3970CB1411E8B1C5BAD0DD542D80&hitguid=ID20A3970CB1411E8B1C5BAD0DD542D80&rank=14&spos=14&epos=14&td=14&crumb-action=append&context=109&resolvein=true

Nuisance

Fouladi v Darout Ltd [2018] EWHC 3501 (Ch)

The first three defendants appealed against orders finding them guilty of noise nuisance and finding the first defendant in breach of covenant for failing to obtain the landlord’s consent to renovation works resulting in inadequate flooring. The claimant appealed against the dismissal of her claims against the fourth defendant (the landlord) for breach of covenant and in nuisance. The claims were all dismissed. The first three defendants were liable for nuisance for noise, the third defendant was in breach of covenant and although the landlord was aware of the works, it had no knowledge of the nuisance and was therefore not liable by participation.

www.bailii.org/ew/cases/EWHC/Ch/2018/3501.html

Island Gas Ltd v Persons Unknown [2018] 12 WLUK 390

The claimants were gas companies that carried out fracking and the owner of land on which fracking was due to take place. In separate proceedings, the claimants applied to continue quia timet interim injunctions at various sites in order to restrain unlawful behaviour from defendant protestors, aimed at disrupting the claimant’s business. The applications were granted. The court held that rights under Articles 10 and 11 of the ECHR would not be materially affected, protestors could still engage in lawful protests and it was more likely than not that the claimant would win at trial. The court also held that there had been ample and compelling evidence of unlawful activity.

https://login.westlaw.co.uk/maf/wluk/app/document?&srguid=i0ad832f20000016857a8735057c5fa62&docguid=ID56BD950045F11E9BD7B8A249999AADF&hitguid=ID56BD950045F11E9BD7B8A249999AADF&rank=2&spos=2&epos=2&td=3&crumb-action=append&context=92&resolvein=true#wherereported

Roberts and others v R (Liberty and Friends of the Earth Intervening) [2018] EWCA Crim 2739

The appellants, who had been protesting against an authorisation which had been granted to an oil and gas exploration company to begin fracking at a site near Blackpool, appealed against immediate custodial sentences imposed following their convictions for offences of public nuisance contrary to the common law. It was the appellants’ case that an immediate custodial sentence was never appropriate for a non-violent crime committed as part of a peaceful protest and that such a sentence would breach Article 10 of the ECHR. The appeals were allowed. Immediate custodial sentences could be appropriate for non-violent crimes committed as part of a peaceful protest and such sentences did not breach Article 10. In the instant case, however, the immediate custodial sentences imposed on three protesters who had sat on the cabs of lorries delivering equipment to a fracking site were manifestly excessive. Community orders with a significant requirement for unpaid work would have been appropriate.

www.bailii.org/ew/cases/EWCA/Crim/2018/2739.html

EU CASE LAW

Deza a.s. v ECHA (2019) Case C-419/17 P, ECJ (1 Chamber) 23 January 2019

Deza a.s. applied to set aside the judgment of the General Court of the EU in this case. The General Court had dismissed the action for annulment of Decision ED/108/2014 of the Executive Director of the European Chemicals Agency (ECHA), of 12 December 2014, updating and supplementing the existing entry of the chemical substance bis(2-ethylhexyl) phthalate on the list of substances identified (‘the decision at issue’) for eventual inclusion in an Annex XIV of Regulation (EC) No. 1907 (‘the REACH Regulation’). It was argued that there had been an error in interpreting the REACH Regulation, the ECHA had misused its powers, the judgment infringed the principle of legal certainty and that the Court below failed to have regard to the extent of its power of review and to the rights of the applicant. The ECJ upheld the judgment of the General Court and dismissed the appeal.

http://curia.europa.eu/juris/document/document.jsf?text=&docid=210172&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=9880858

Inter-Environnement Wallonie asbl v Conseil des ministers Case C-411/17, 29 November 2018

This Advocate General’s Opinion discusses Belgian law. The Cour Constitutionnelle (Constitutional Court of Belgium) referred the following question for a preliminary ruling: Does the adoption of a law extending the period of industrial production of electricity by nuclear power stations require an environmental impact assessment? The Advocate General opined that the law, among other matters, was adopted without conducting necessary prior environmental impact assessments.

http://curia.europa.eu/juris/document/document.jsf?text=&docid=208286&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=101789

AS Tallinna Vesi v Keskkonnaamet Case C-60/18, 29 November 2018. This Advocate General’s Opinion concerns the definition of the concept of ‘waste’ within the meaning of Article 6(4) of Directive 2008/98 on Waste and the conditions which govern the end-of-waste status. The Advocate General noted that ‘waste’ as a concept has featured heavily in the case law of the ECJ. A question which has arisen rather more recently has to do with the conditions under which waste is converted back into a normal commodity no longer subject to the strict rules of the waste legislation. A number of questions were considered. The Advocate General opined that Member States may provide that waste is, as a general rule, subject to the waste legislation until such time as it fulfils the end-of-waste criteria which have been laid down as being applicable to the particular type of waste in question by a European or national act of general application. The Advocate General further opined that, where such criteria do not exist, the waste holder has the right to apply to the competent authority or a court of a Member State for a determination of end-of-waste status for certain waste, where that waste, account being taken of all relevant factors and the most recent state of scientific and technical knowledge, has beyond any reasonable doubt undergone a recovery operation enabling it to be made usable without endangering human health or harming the environment, and the holder does not discard it and does not intend and is not required to discard it, within the meaning of Article 3(1) of Directive 2008/98.

http://curia.europa.eu/juris/document/document.jsf?text=&docid=208289&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=94408

CONSULTATIONS

OPEN CONSULTATIONS
Publication date	Sponsoring department	Consultation topic	Closing date
27 December 2018	Department for Environment, Food & Rural Affairs	Single-use Carrier Bags: Extending and Increasing the Charge – seeking views on proposals to extend and increase the carrier-bag charge including: extending the charge to include all retailers (with no reporting requirements for small and medium businesses) increasing the charge to 10p requiring producers of single-use carrier bags to report how much they sell removing the exemption at security restricted areas in airports https://consult.defra.gov.uk/environmental-quality/extending-the-single-use-bags-charge/	11.45 pm 22 February 2019
18 December 2018	European Commission	Deforestation and Forest Degradation – Stepping up EU Action – this initiative aims to present an integrated EU approach to combat deforestation, protect forests and promote sustainable supply chains. https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2018-6516782_en	15 January 2019
29 November 2018	European Commission	Towards an EU Product Policy Framework contributing to the Circular Economy, European Commission, 29 November 2018 – this European Commission consultation proposes an initiative to examine options and actions for a more coherent policy framework of the different strands of work of EU product policy in their contribution to the circular economy. Comments by 24 January 2019. https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2018-2409307_en	24 January 2019

NEWS AND MISCELLANEOUS

Waste

Resources and Waste Strategy for England

In December 2018, the Department for Environment, Food and Rural Affairs and the Environment Agency published a strategy setting out how it intends to preserve material resources by minimising waste, promoting resource efficiency and ‘moving towards a circular economy.’

www.gov.uk/government/publications/resources-and-waste-strategy-for-england

CLOSED CONSULTATIONS
Publication date	Sponsoring department	Consultation topic	Closing date
09.30 am 20 November 2018	Department for Business, Energy & Industrial Strategy and Offshore Petroleum Regulator for Environment and Decommissioning	The Offshore Environmental Civil Sanctions Regulations 2018: Draft Guidance – This consultation sought views on the draft guidance for the Offshore Environmental Civil Sanctions Regulations 2018 which is intended to accompany the regulations ‘to provide clarity and certainty to industry’. www.gov.uk/government/consultations/the-offshore-environmental-civil-sanctions-regulations-2018-draft-guidance	11.45 pm 18 December 2018
22 October 2018	Department for Environment, Food & Rural Affairs	Single-use Plastic: Banning the Distribution and/or Sale of Plastic Straws, Stirrers and Plastic-stemmed Cotton Buds in England – This consultation sought views on plans to ban the distribution and/or sale of plastic straws, stirrers and plastic-stemmed cotton buds in England. www.gov.uk/government/consultations/single-use-plastic-banning-the-distribution-andor-sale-of-plastic-straws-stirrers-and-plastic-stemmed-cotton-buds-in-england	11.45 pm 3 December 2018
3 July 2018	Department for Environment, Food & Rural Affairs	Household Waste Duty of Care: Updating the Guidance – this consultation sought views on the updated guidance for householders and new guidance for local authorities on meeting and enforcing the duty of care for waste. A government response is now available to both this and a previous consultation on introducing a Fixed Penalty Notice for breaches of the household waste duty of care held between 15 January 2018–25 March 2018. www.gov.uk/government/consultations/reducing-crime-at-sites-handling-waste-and-introducing-fixed-penalties-for-waste-duty-of-care	11.45 pm 28 August 2018
10 June 2018	Department for Environment, Food & Rural Affairs	Serious and Organised Waste Crime Review: Call for Evidence – this consultation sought evidence to inform a review of serious and organised crime in the waste sector. The outcome was used to inform the review of serious and organised crime in the waste sector which is available at: www.gov.uk/government/publications/serious-and-organised-waste-crime-2018-review	11.45 pm 8 July 2018
10 May 2018	Department for Environment, Food & Rural Affairs	Environment: Developing Environmental Principles and Accountability – this consultation sought views on how a new environmental watchdog will work, and on the application of environmental principles, in England after EU exit. A government response to that consultation is now available at: www.gov.uk/government/consultations/environment-developing-environmental-principles-and-accountability together with a draft Environment (Principles and Governance) Bill 2018 which was published on 19 December 2018: www.gov.uk/government/publications/draft-environment-principles-and-governance-bill-2018	Midday 2 August 2018
23 July 2018	European Commission	Public Consultation Addressing the Interface Between Chemical, Product and Waste Legislation – this consultation builds upon the Commission’s analysis of the Interface in the Communication published on 16 January 2018 and has the objective of assessing the reaction of stakeholders to the different options and questions posed with regard to the four main issues described in the Communication and accompanying Staff Working Document. https://ec.europa.eu/info/consultations/public-consultation-addressing-interface-between-chemical-product-and-waste-legislation_en	29 October 2018
17 July 2018	European Commission	Strategy for Long-term EU Greenhouse Gas Emissions Reductions – this strategy reflects on a long-term vision for a modern European economy for all Europeans and the opportunities and challenges that a long-term decarbonisation implies. https://ec.europa.eu/clima/consultations/strategy-long-term-eu-greenhouse-gas-emissions-reductions_en	9 October 2018
13 July 2018	European Commission	Public Consultation on the Evaluation of the Urban Waste Water Treatment Directive – this consultation aims to collect views on how the urban waste water treatment directive (Council Directive 91/271/EEC concerning urban waste water treatment), has affected urban waste water collection and treatment across the EU and thereby improved the state of our water bodies and the environment in general. https://ec.europa.eu/info/consultations/public-consultation-evaluation-urban-waste-water-treatment-directive_en	19 October 2018

SELECT COMMITTEE REPORTS
Publication Date	Committee	Report Topic
27 November 2018	Environment, Food and Rural Affairs Committee	Scrutiny of the Agriculture Bill – 10th Report HC 1591 https://publications.parliament.uk/pa/cm201719/cmselect/cmenvfru/1591/159102.htm
22 November 2018	Environmental Audit Committee	UK Progress on Reducing Nitrate Pollution – 11th Report HC 656 https://publications.parliament.uk/pa/cm201719/cmselect/cmenvaud/656/65602.htm
7 November 2018	European Union Committee / EU Energy and Environment Sub-Committee	Brexit: Chemical Regulation – 23rd Report of Session 2017-19 – HL Paper 215 https://publications.parliament.uk/pa/ld201719/ldselect/ldeucom/215/21502.htm
24 October 2018	European Union Committee / EU Energy and Environment Sub-Committee	Brexit: Plant and Animal Biosecurity – 21st Report of Session 2017-19 – HL Paper 191 https://publications.parliament.uk/pa/ld201719/ldselect/ldeucom/191/19102.htm
9 October 2018	Environment, Food and Rural Affairs Committee	Regulation of the Water Industry – 8th Report HC 1041 https://publications.parliament.uk/pa/cm201719/cmselect/cmenvfru/1041/104102.htm

RESEARCH BRIEFINGS
Publication date	Sponsoring department	Consultation topic
28 December 2018	House of Commons Library	What if there’s no Brexit deal? This paper looks at how a no deal situation might come about, the constitutional implications for the UK and the devolved administrations, and what the impact might be in a range of policy areas. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8397
11 December 2018	House of Commons Library	Fuel poverty This pack has been produced ahead of the general debate on Tuesday 11 December 2018 on fuel poverty. It covers fuel poverty statistics and policy for the regions of the UK. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CDP-2018-0276
7 December 2018	House of Commons Library	The UK’s EU Withdrawal Agreement This briefing looks in detail at the Withdrawal Agreement negotiated between the EU and UK and finalised on 14 November. It was endorsed by EU Member State leaders at a special European Council summit on 25 November and the UK Prime Minister has promoted it both in the UK Parliament and around the country. It will be debated at length in Parliament over the coming days before being put to the so-called ‘meaningful vote’ on 11 December. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8453
7 December 2018	House of Commons Library	Debate on an e-petition relating to the sale of products containing palm oil. A debate will be held on an e-petition relating to the sale of products containing palm oil on Monday 10 December 2018 in Westminster Hall at 4.30 pm. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CDP-2018-0272
5 December 2018	House of Commons Library	Fisheries management in the UK The UK is in the process of negotiating its exit from the EU, and as part of that the Common Fisheries Policy (CFP). This paper provides an overview of how fisheries are currently managed in the UK within the CFP. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8457
3 December 2018	House of Commons Library	The Fisheries Bill 2017–2019 Second Reading of the Fisheries Bill 2017–2019 took place in the House of Commons on 21 November 2018. The Bill will allow the UK to manage fisheries within its territorial waters once it has left the Commons Fisheries Policy. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8442
3 December 2018	House of Commons Library	Fisheries: Brexit negotiations Following Brexit, the UK will no longer be part of the EU Common Fisheries Policy. It will become an independent coastal state and be fully responsible for managing fisheries in the UK’s Exclusive Economic Zone of 200 miles. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8396
30 November 2018	House of Commons Library	The Political Declaration on the Framework for Future EU–UK Relations This paper looks at the Political Declaration on the Framework for the Future Relationship between the European Union and the United Kingdom, which was agreed by EU leaders on 25 November 2018. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8454
28 November 2018	POST	EU environmental principles Environmental principles inform legal and political frameworks that aim to minimise the ill-effects of human activity on the environment. In the EU (Withdrawal Act) 2018, the UK has committed to incorporating a set of environmental principles into UK legislation. This POST note summarises these principles and considers potential opportunities and challenges surrounding their implementation post-Brexit. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/POST-PN-0590
26 November 2018	House of Commons Library	Energy smart meters Energy Smart meters are advanced electricity and gas meters which can offer a range of intelligent functions. The Energy Act 2008 gave powers to begin a smart meter rollout. Since then, successive Governments and Ofgem (the energy regulator) have been working on a rollout programme. This briefing note addresses the benefits and concerns arising from the same and the roll out. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8119
9 November 2018	House of Commons Library	Brexit: Energy and climate change A House of Commons Library Briefing Paper discussing key energy and climate change policy in the UK, the status of related Brexit negotiations and the possible impact of Brexit on these policy areas, including in relation to a no-deal scenario. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8394
9 November 2018	House of Commons Library	Extreme weather events related to climate change A debate was held in November on the above topic. This briefing note supported and fuelled that debate. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CDP-2018-0244
9 November 2018	House of Commons Library	Energy bills and proposals for reform Ofgem have announced a default tariff price cap will come into force from 1 January 2019, intended to save money for millions of customers on the poorest value tariffs. This Library briefing paper provides a summary of the UK energy market, a breakdown of the components of energy bills, and details of concerns and reforms in the market, including the price caps. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8081
		Debate on an e-petition on plastic-free packaging for fruit and vegetablesA debate was held in November concerning the above topic. The pack includes a general Library briefing on plastics and news items, press releases and statements relating specifically to plastic-free packaging for fruit and vegetables. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CDP-2018-0245
8 November 2018	House of Lords Library	Plastic pollution and recyclingThis House of Lords Library Briefing was prepared in advance of a debate held on 19 December 2018 in the House of Lords on the motion moved by Baroness Neville-Rolfe (Conservative), ‘that this House takes note of the threat of plastic to the environment and the case for improved recycling’. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/LLN-2018-0116
6 November 2018	House of Commons Library	Shale gas and frackingA House of Commons Library Briefing Paper providing an overview of hydraulic fracturing (fracking) for shale gas in the UK, including the UK Government support and proposals, opposition in the devolved Administrations, the regulatory regime (petroleum exploration and development licences, environmental, planning, health and safety), and wider potential implications of fracking on communities and mitigation of these. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN06073
6 November 2018	House of Commons Library	Brexit and chemicals regulation (REACH)A House of Commons Library briefing paper discussing the EU REACH regulation for chemicals and the potential impacts of Brexit including in relation to a no deal scenario. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8403
2 November 2018	POST	Carbon capture and usageThis POST brief presents a broad overview of CCU processes, and reports evidence on their potential for climate change mitigation. It finds that because of a number of barriers including costs, energy requirements and the fact that the majority of processes eventually release CO₂ back into the atmosphere (either immediately, or via products that break down within a short amount of time), CCU’s direct mitigation potential may be relatively small. However, CCU could develop an early-stage market for wider CO₂ capture technologies. This would help to develop capture carbon and storage (CCS), which is widely accepted to be a likely and substantial component of future mitigation efforts at the global level. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/POST-PB-0030
18 October 2018	House of Commons Library	Home energy, lifestyle management systems and the Green DealAhead of a debate in October on the above topic, this briefing note was prepared. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CDP-2018-0228
10 October 2018	House of Commons Library	Brexit and air qualityThis paper gives an overview of how EU air quality legislation and policy is currently enshrined in the UK legal framework. It sets out the speculation and what is known so far about what could change in respect of air quality following Brexit. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8195

Waste Duty of Care Code of Practice

In November 2018, the Department for Environment, Food and Rural Affairs and the Environment Agency published a Code of Practice issued under section 34 of the Environmental Protection Act 1990 providing practical guidance on how to meet waste duty of care requirements in England and Wales.

www.gov.uk/government/publications/waste-duty-of-care-code-of-practice#history

Energy

European Commission Proposes to Make Technical Amendment to EU Energy Efficiency Legislation to Take Account of UK’s Withdrawal

On 13 November 2018, the European Commission announced it had adopted a Decision to amend the EU’s energy efficiency legislation by lowering consumption figures to take account of the United Kingdom’s withdrawal from the European Union.

http://europa.eu/rapid/press-release_IP-18-6406_en.htm

Carbon and Emissions

Mother wins right to seek new inquest over daughter, nine, whose death may be linked to air pollution, Sandra Laville, Guardian, 11 January 2019

The mother of a nine-year-old girl who suffered three years of seizures and 27 visits to hospital for asthma attacks, whose death has been linked to unlawful levels of air pollution in London, has won the right to apply for a new inquest. Legal experts believe that it is the first inquest case in the UK where it is alleged that air pollution had contributed to a death.

www.theguardian.com/environment/2019/jan/11/ella-kissi-debrah-mother-wins-right-seek-new-inquest-high-court-air-pollution

Brexit and Air Quality

On 10 October 2018, the House of Commons Library published a briefing paper giving an overview of how EU air quality legislation and policy is currently enshrined in the UK legal framework and sets out the speculation about what could change in respect of air quality following Brexit.

https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8195

Climate Change Impacts and Adaptation

On 26 November 2018, the Environment Agency published an ‘evidence-based report’ summarising climate change in England and its impact as well as the main adaptation actions that are being taken, or that are being planned, to prepare.

www.gov.uk/government/publications/climate-change-impacts-and-adaptation

Other

Single-use Plastics: Commission Reaches Agreement on New Rules to Reduce Marine Litter

On 19 December 2018, it was announced that the European Parliament and the Council of the European Union have reached a provisional political agreement on measures proposed by the European Commission to tackle marine litter at its source, targeting the 10 plastic products most often found on our beaches as well as abandoned fishing gear.

http://europa.eu/rapid/press-release_IP-18-6867_en.htm

The Fisheries Bill 2017-19

The Fisheries Bill, published on 25 October 2018, is a framework bill designed to allow the UK to manage fisheries within its territorial waters once it has left the Common Fisheries Policy. On 3 December 2018, the House of Commons Library published a report following the second reading of the bill in the House of Commons on 21 November 2018.

https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8442#fullreport

This was followed by a briefing paper on 5 December 2018: https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8457

The Agriculture Bill

The Agriculture Bill 2017–2019 (HC Bill 266) was published on 12 September 2018. On 25 October 2018, the House of Commons Library published a report following the second reading of the bill in the House of Commons on 10 October 2018.

https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8405

Revising the rules for free allocation in the EU Emissions Trading System, European Commission, 30 November 2018

A European Commission consultation proposes revisions to Decision 2011/278 (Benchmarking Decision) to: set the rules for determining free allocation to industrial installations covered by the EU Emissions Trading System; update the benchmark values which represent an essential parameter in determining free allocations; and determine rules for future adjustments to free allocation. Comments by 22 February 2019.

https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2018-1523713_en

EU Implementation of the Aarhus Convention in the Area of Access to Justice in Environmental Matters

The EU and its Member States are parties to the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters. The Aarhus Convention Compliance Committee found that the EU does not comply with the Convention because of insufficient administrative or judicial redress at EU level. This initiative will evaluate the current situation and assess options to address compliance, to underpin possible decision making.

https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2018-2432060_en

Green Insurance in Guernsey: Discussion Paper, Guernsey Financial Services Commission, 7 November 2018

A Guernsey Financial Services Commission consultation paper seeks views on how the development of green insurance in Guernsey might be supported through regulatory change. It also considers private-sector opportunities for green insurance in the Bailiwick. Questions include: Should the Commission be more proactive with respect to green insurance? Should a lower risk weighting be considered for green insurance? Can Takaful be made green in Guernsey? How can green be factored into valuation? Although the paper is intended primarily for insurance regulators and insurance professionals, submissions are welcome from anybody interested in climate change. Comments by 29 March 2019.

https://consultationhub.gfsc.gg/banking-and-insurance-supervision-and-policy/green-insurance-in-guernsey/

https://consultationhub.gfsc.gg/banking-and-insurance-supervision-and-policy/green-insurance-in-guernsey/supporting_documents/Green%20Insurance%20in%20Guernsey%20%20Discussion%20Paper.pdf-1