LexisPSL Environment News Podcast – August 2018

Responses to Defra consultation on the new independent environmental watchdog, Financial Reporting Council guidance on strategic reports, gene editing caught by EU legislation restricting the promotion and marketing of genetically modified materials

Welcome to our environmental law news podcast produced in partnership with Christopher Badger and Mark Davies, Barristers, 6 Pump Court.

In this podcast, we consider some of the key legal developments in environmental law during August 2018, including:

  • Responses to Defra consultation on the new independent environmental watchdog;
  • Financial Reporting Council guidance on strategic reports; and
  • Gene editing caught by EU legislation restricting the promotion and marketing of genetically modified materials

To listen to the podcast, press play below or to download and perhaps listen on the go, click here.

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Responses to Defra consultation on the new independent environmental watchdog – listen from 0.41 secs

The Defra Environmental Principles and Governance after EU Exit consultation closed on the 2 August 2018.

In the first and longest part of the podcast, Chris and Mark provide a recap on why this consultation is such ground-breaking territory, discuss some of the criticisms of the proposal and take us through some of the responses to the consultation.

Financial Reporting Council guidance on strategic reports – listen from 6.35 mins

Chris and Mark look at the updated Financial Reporting Council guidance on the content of corporate strategic reports. They outline how the purpose of a strategic report is to provide information for shareholders and to help them assess how the directors have performed their duty, under section 172 of the Companies Act 2006, to promote the success of the company and, in doing so, have regard to specific factors set out in the legislation, which include the impact of the company’s operations on the environment and disclosing information about environmental risks and uncertainties where they are material.

Key questions for businesses adapting to this guidance are also set out in the podcast.

Gene editing caught by EU legislation restricting the promotion and marketing of genetically modified materials – listen from 9.48 mins

In the final part of the podcast, Chris and Mark look at Case C-528/16 Confédération paysanne et al v. Premier minister, which concerned consideration of gene editing techniques and the application of the GMO Directive.  Crops caught by this directive can only be authorised after an environmental risk assessment has been undertaken and are subject to rules as to traceability, labelling and monitoring.

They also look at this case in the context of related news and a case in California concerning Monsanto, producer of a glysophate based fertiliser and the award of damages to a groundsman because of the producer’s knowledge of the risks to health from its product and that there was a causal connection between the cancer and the products.

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Filed Under: Environment

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