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  04/10/2024

  Europe

  The EU Deforestation Regulation: deferred application, updated guidance and new FAQs

  On 2 October 2024, the European Commission published a proposal for a new legislative act which would defer the application of the recently adopted EU Deforestation Regulation (EUDR) by 12 months, citing the concerns raised by international partners about EUDR and the need to allow them and affected entities additional time to prepare.Separately, the Commission published updated Guidance on the interpretation of some of the key provisions of the EUDR and an updated, lengthy, Frequently Asked Questions document.BackgroundThe EUDR, which is an EU statute designed to ensure that no products or commodities...

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  31/07/2024

  England

  Consultation on revised NPPF launched – dramatic changes as promised for the planning sector

  Yesterday, the Government launched an 8 week consultation on changes to the National Planning Policy Framework (NPPF) which is scheduled to run until 11.45pm on 24 September 2024.The draft largely follows through on Labour’s pre-election promises to take “decisive and early” action on planning reform. We outline below the key proposed revisions to the NPPF that emphasise the strong growth-focussed approach this Government intends to take with the planning system.  Changes to the NPPF will still take a number of months to come into effect due to the consultation requirements,...

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  12/07/2024

  International

  Energy and climate change: The most significant (marine) climate change decision yet?

  Continuing the theme of a number of recent court judgment regarding state and party obligations concerning climate change issues, the International Tribunal for the Law of the Sea (“ITLOS”) has recently delivered its advisory opinion (the “Opinion”) regarding State obligations under the United Nations Convention on the Law of the Sea (“UNCLOS”) in relation to the prevention, reduction and control of pollution of the marine environment that result or are likely to result from climate change.The Opinion arrived only a few weeks following the ECtHR’s milestone...

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  04/07/2024

  United Kingdom

  Could Supreme Court sewage decision open the floodgates?

  A judgment of the Supreme Court, handed down earlier this week, could lead to an increase in claims against sewage companies initiated by private companies and individuals.Summary and backgroundIn The Manchester Ship Canal Company Ltd (Appellant) v United Utilities Water Ltd (Respondent) (No 2) [2024] UKSC 22, the Supreme Court was asked to decide whether the existing statutory framework governing the supply of water and provision of sewerage prevented the owner of a waterway from taking action against a utility company responsible for discharging sewage into the water.The judgment marks the conclusion...

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  11/06/2024

  Alemania

  Specification of the European publication obligations for data centres

  European Commission specifies the publication obligations for data centre operators - what operators can expect now and in future.Last year we reported on the new German Energy Efficiency Act (EnEfG) ("Energy Efficiency Act") Under the Energy Efficiency Act, data centre operators are required to publish certain information on energy consumption, the proportion of renewable energies in electricity consumption, energy efficiency, etc. and to report it to a national database.The European Commission has expanded the reporting obligations in the Energy Efficiency DirectiveThe European Commission has...

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  11/06/2024

  Polonia

  Poland to create regulatory environment for development of hydrogen market

  GB PL

  In May 2024, the Polish government published the legislative package known as the ‘Hydrogen Constitution’, a milestone in achieving the goals of Poland’s hydrogen strategy. The draft lays the foundations for the development of the green hydrogen market for achieving climate neutrality and strengthening the competitiveness of the Polish economy.Background, genesis and scope of the changesAlthough Poland is currently one of the leading hydrogen producers in the EU, this production primarily relies on grey hydrogen, which is produced through reforming natural gas or other hydrocarbons...

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