Sustainable development

Sustainable development—content

Content on sustainable development in this subtopic includes the following Practice Notes:

Sustainable development in England and Wales

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Climate change and sustainability issues for Construction—which considers the ramifications of climate change, and the push by the UK and governments around the world to achieve net zero, on the construction industry and the drafting of construction contracts
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ESG and sustainability—decarbonisation and net zero—which provides practical guidance on decarbonisation for businesses and will be of interest to practitioners (including inhouse and GCs) advising businesses on climate change
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Sustainable development—definition and application at UK level—which outlines the definition and application of sustainable development at UK level
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Sustainable development—the Well-being of Future Generations (Wales) Act 2015 —which outlines the key provisions in the Well-being of Future Generations (Wales) Act 2015 (Future Generations Act). It covers the background to the Future Generations Act, the well-being duty which includes the sustainable development principle, the Auditor-General for Wales, the Future Generations Commissioner (FGC), and the Public Service Boards (PSBs)
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Climate change and sustainability issues for Construction—which provides guidance on the implications of sustainable development for developers,

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Latest Environment News

Commission sets CO2 storage obligations for oil and gas producers

The European Commission, through the adoption of Commission Delegated Regulation (EU) 2023/1185 (Delegated Regulation in line with the EU’s Industrial Carbon Management Strategy and Clean Industrial Deal), has established the identification and calculation rules for European oil and gas producers to deliver new CO₂ storage solutions by 2030. Based on this Regulation, the Commission has also issued a Decision that specifies the individual shares of 44 listed oil and gas companies in achieving the collective objective of 50 million tonnes of annual CO₂ injection capacity into geological storage sites by 2030, as set out in the EU Net-Zero Industry Act. The Companies are required to contribute to this target in proportion to their share of EU oil and gas production in the 2020 to 2023 reference period and must provide operational CO₂ injection capacity by 31 December 2030 in sites approved under the Carbon Capture and Storage Directive (2009/31/EC).

Defra publishes guidance on determining ‘worked specimen’ status for endangered species items

The Department for Environment, Food and Rural Affairs (Defra) has published guidance on how to determine whether items made from endangered species qualify as ‘worked specimens’, which do not require an Article 10 certificate for commercial use. The guidance sets out four criteria that must be met: (1) the item must be significantly altered from its natural state; (2) it must have been manufactured or altered before 3 March 1947; (3) it must not have been reworked to change its purpose since that date; and (4) it must be clearly identifiable as jewellery, adornment, art, utility items, or musical instruments. The document also outlines import and export requirements for worked specimens, and includes specific rules for ivory, tiger, bear, and rhino specimens.

Waste or not? High Court considers the meaning of manure and the wider application of planning policy to agricultural matters (National Farmers’ Union v Herefordshire Council & Others)

Environment analysis: In this case the National Farmers’ Union (NFU) challenged the lawfulness of a planning policy imposing waste-management requirements on proposed livestock units. The court dismissed the NFU’s case, making findings such as that a local plan’s scope may exceed the definition of ‘waste’ in the Planning Acts, and that chicken manure can be a form of waste in certain circumstances. The case has implications for increasingly high-profile and contested matters such as the relationship between agriculture and water pollution, and the effectiveness of associated regulation. It is of particular interest to farmers, regulators and environmental campaigners. Written by Robert Dennis, lawyer at the Office for Environmental Protection.

Environment weekly highlights—22 May 2025

This week's edition of Environment weekly highlights includes: analysis on the Department for Environment, Food & Rural Affairs's (Defra) consultation on reforms to the Environmental Permitting Regulations 2016 in an effort to streamline regulation, the International Environmental Protection Report, published by Defra, the government's plans for updating energy efficiency rules in the private rented sector and the reservoir safety reform programme. In addition this week, the Department for Energy Security and Net Zero (DESNZ) has announced that the Great British Energy (GBE) Bill has passed through Parliament, with legislative consent from all three devolved governments, the first UK-EU summit was held on 19 May 2025 which resulted in the agreement of a 'new strategic partnership' building on the Withdrawal Agreement and the Trade and Cooperation Agreement, including a commitment to work towards an agreement linking the UK and EU emissions trading schemes (ETSs). Further, this week, Defra has published its response to the Office for Environmental Protection (OEP)’s February 2025 review of the duty to have due regard to the Environmental Principles Policy Statement (EPPS) and has, in collaboration with the EA, launched a record 81 criminal investigations into water companies in England as part of a crackdown on sewage dumping.