means an event, series of events or circumstance arising from the physical impacts of Climate Change that is either Pan-terra or Epi-terra in scope and prevents a party from performing its obligations under this agreement [including an obligation to pay money], and includes but is not limited to: (a) unavailability of water, clean air or other Natural Capital required by a party to manufacture or supply the [products OR services]; (b) damage to a party’s premises, including flooding due to sea level rise or an increased intensity of rain and storms; (c) disruption of logistics and transport systems relied on for the supply and distribution of key inputs or outputs; (d) unsafe working conditions due to heat stress, extreme weather or increased disease; (e) damage or disruption to food supply chains, housing or transport affecting the availability of food, shelter or transport for workers; (f) unavailability of insurance; (g) unavailability of workers, and (h) [insert other adverse events].

The Climate Change Litigation Database has reported that the Higher Regional Court (Oberlandesgericht) of Hamm has dismissed an appeal by Peruvian farmer, Saúl Luciano Lliuya, against RWE AG on 28 May 2025. Lliuya had requested 0.47% of flood protection costs—equivalent to RWE's estimated contribution to global emissions since 1751—citing threats posed by a melting glacial lake near his home. However, following a site visit in May 2022, the court determined that there was only a 1% chance that flooding would reach the property within 30 years, a probability deemed insufficient to warrant legal intervention. While the court rejected Lliuya's specific claim, it affirmed that major greenhouse gas emitters can be held liable under German civil law for climate impacts, irrespective of the geographical distance between the emission source and the affected area.

means human intervention or efforts to reduce the sources of, enhance the sinks of, or remove Greenhouse Gas Emissions.

[means the measures taken [or that could be taken] by the [Company OR Parties] [and [insert the name of supply chain partner]] to reduce or remove their Greenhouse Gas Emissions to meet the Net Zero Target[ in the [environmental policy]]. OR means technologies, processes or practices that contribute to Climate Change Mitigation, including but not limited to renewable energy (RE) technologies, waste minimisation processes, public transport commuting practices, Greenhouse Gas Emissions removal options, energy efficiency measures, dietary change, reforestation and afforestation, and other measures that serve to avoid an increase in or reduce [insert name of Party]’s Scope 1, 2 or 3 Greenhouse Gas Emissions.]

means measures taken and/or mandated by government, often in conjunction with business and industry, either within a single country or collectively with other countries, to accelerate mitigation.

means an [appropriately qualified] [environmental, sustainability consultant OR net zero consultant OR analyst OR [environmental or sustainability][ or climate] scholar OR [environmental or sustainability][ or climate] scientist] who has the fundamental skills and experience to diligently, competently and professionally, [perform the [environmental and/or sustainability][ and/or climate] consultancy services OR develop, create and implement structures and systems to achieve and measure Net Zero Targets OR design the environmental and/or sustainability targets of the project OR assess the [environmental and/or sustainability][ and/or climate] related risks of the project][, monitor compliance with the environmental and/or sustainability targets connected with the project], in accordance with this agreement.

This clause outlines provisions for standard non-disclosure or confidentiality agreements (NDAs) to ensure climate change and environmental issues are discussed at the outset of new commercial relationships. The drafting will be particularly

STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. ARCHIVED: This Practice Note has been archived and is not maintained. What is climate change adaptation? Climate change adaptation refers to predicting any adverse effects of climate change and foreseeing ways to prevent or minimise the negative impact that can be caused,

What is the climate change agreement scheme? The CCA scheme entitles eligible facilities to receive a reduced rate (discount) on the climate change levy (CCL). See Practice Note: Climate change levy. CCAs are voluntary agreements that allow an eligible energy-intensive facility to receive up to 90% reduction in the CCL (and 100% reduction for energy used in certain energy-intensive (metallurgical and mineralogical) industrial processes), if it agrees to energy efficiency targets agreed with government. CCA is defined in Schedule 6, paras 46–48 to the Finance Act 2000 (FA 2000). The CCA scheme operates under a two-tiered structure: • umbrella agreements—the Department for Energy Security and Net Zero (DESNZ) and industry sectors negotiate umbrella agreements. The agreement is then held between the sector or trade association and the administrator that contain sector commitments, obligations and administration procedures • underlying agreements—individual agreements between the administrator and the operator of the eligible facility that set out the facility’s targets, obligations and administration procedures The current CCA scheme commenced on 1 April 2013 and runs until 31 March

Environment analysis: The case concerns the government’s Food Strategy and whether its failure to address the carbon emissions of meat and dairy products amounts to a breach of duty to put in place policies to ensure carbon budgets are met under Section 13 of the Climate Change Act 2008. The Court of Appeal’s answer to this question is ‘no’. The Court of Appeal also decided that when developing its carbon budgets, the Secretary of State for Energy, Security and Net Zero (formerly for Environment, Food and Rural Affairs) is not obliged to give any significant (or even any) weight to the advice of the Climate Change Committee, or indeed to provide cogent reasons for not following it. The decision will be of interest to climate lawyers and lawyers acting for campaigning organisations. Written by Stephen Sykes, head of Climate, Environment and Sustainability, Capital Law Environmental Law and Innovation Adviser, Martello.

Environment analysis: Challenge by judicial review to the third National Adaptation Programme (‘NAP3’) under the Climate Change Act 2008 (CCA 2008). The four grounds of challenge were—an error in law, failure to consider delivery risks, failure to discharge the public sector equality duty (PSED), and actions contrary to the human rights of the second and third claimants. The application was dismissed on all grounds. The judge distinguished domestic caselaw on mitigation and discussed at length the recent European Court of Human Rights’ (ECtHR) judgment in Verein KlimaSeniorinnen Schweis v Switzerland, App No 53600/20 (‘VKS’). The judge found that the UK had an established legislative framework with a binding 2050 target and was therefore in a very different position from Switzerland in relation to mitigation. The judgment in VKS did not deal with an alleged failure of adaptation measures or the appropriate margin of appreciation. Mr Justice Chamberlain concluded that his interpretation of the CCA 2008 was within the UK’s margin of appreciation. Written by Elaine Webb, principal lawyer at The Office for Environmental Protection.

This Practice Note considers the effect of climate change and the push by the UK and other governments around the world to achieve net zero, on the construction industry and the drafting of construction contracts. Climate change risks and ramifications for construction contracts Whole Life Carbon Management GuidanceIt is well known that climate change poses many risks across a number of sectors, with an increased likelihood of extreme and unpredictable weather events including floods, drought and extreme heat which would consequently cause poverty for hundreds of millions of people, decrease biodiversity and cause species extinctions. As a result of this threat, governments around the world are taking steps to achieve ‘net zero’, which refers to a state where greenhouse gas (GHG) emissions are balanced by GHG removal, ensuring an overall net zero emission, over appropriate timescales. See also Practice Note: Sustainable business—decarbonisation and net zero. In March 2026, the National Infrastructure and Service Transformation Authority (NISTA) published the Whole Life Carbon Management Handbook to support UK infrastructure and built environment projects in integrating whole