ARCHIVED: This tracker has been archived and is not maintained. This Environment cases tracker tool displays key decisions and appeal updates of interest to Environment lawyers from 1 January 2024. The tracker is divided into the: • Upper tribunal • High Court of England and Wales • Court of Appeal • UK Supreme Court • Judicial Committee of the Privy Council Judgments and appeal updates can be found in the court where the most recent judgment was handed down. Cases are displayed in reverse chronological order with the most recent first. For information on previous key decisions and appeal updates of cases from 2021, see: • England and Wales environment cases tracker 2023 [Archived] • Environment cases tracker 2022 [Archived] • Environment cases tracker 2021 [Archived] To track EU cases, see: EU environment cases tracker 2024 [Archived].. Upper tribunal Case Judgment date Key facts/analysis GDFC Assets Ltd v Heaney [2024] UKUT 345 (AAC) 6 November 2024 GDFC Assets Ltd (‘GDFC’) appealed to the Upper Tribunal (UT) against the decisions by the First-tier

ARCHIVED: This Practice Note has been archived and is not maintained. This Environment cases tracker tool displays key decisions and appeal updates of interest to Environment lawyers from 1 January 2025. The tracker is divided into the: • Upper tribunal • High Court of England and Wales • Court of Appeal • UK Supreme Court • Judicial Committee of the Privy Council Judgments and appeal updates can be found in the court where the most recent judgment was handed down. Cases are displayed in reverse chronological order with the most recent first. For information on previous key decisions and appeal updates of cases from 2021, see: • England and Wales environment cases tracker 2024 [Archived] • England and Wales environment cases tracker 2023 [Archived] • Environment cases tracker 2022 [Archived] • Environment cases tracker 2021 [Archived] To track EU cases, see: EU environment cases tracker 2025. Upper tribunal Case Judgment date Key facts/analysis Gordon v Information Commissioner [2025] UKUT 159 (AAC) 6 May 2025 Key Legal Findings The Upper Tribunal

This Environment cases tracker tool displays key decisions and appeal updates of interest to Environment lawyers from 1 January 2026. The tracker is divided into the: • Upper tribunal • High Court of England and Wales • Court of Appeal • UK Supreme Court • Judgments and appeal updates can be found in the court where the most recent judgment was handed down. Cases are displayed in reverse chronological order with the most recent first. For information on previous key decisions and appeal updates of cases from 2021, see: • England and Wales environment cases tracker 2025 [Archived] • England and Wales environment cases tracker 2024 [Archived] • Environment cases tracker 2023 [Archived] • Environment cases tracker 2022 [Archived] • Environment cases tracker 2021 [Archived] For details of expected court decisions, see Practice Note: Environment—horizon scanner. The EU environment cases tracker—2026 displays key judgments and opinions from the General Court of the EU and the Court of Justice of the EU handed during 2026 which may be of interest to environment lawyers. The tracker is updated monthly. Upper tribunal Case Judgment

ARCHIVED: This Practice Note has been archived and is not maintained. This tracker tool tracks and summarises key new and upcoming legislation and consultations in England and Wales linked to the regulation of chemicals and hazardous substances including the regime for the Registration, Evaluation and Authorisation of Chemicals (REACH), the regime for Classification, Labelling and Packaging of chemicals (CLP), Prior Informed Consent (PIC), pesticides, biocides, persistent organic pollutants (POPs), ozone depleting substances (ODS), and fluorinated greenhouse gases (F-gases). Retained EU law (REUL) is a legal concept describing EU-derived rights and legislation preserved by UK law after the end of the Brexit transition or implementation period at 11 pm on 31 December 2020 (IP completion day). Assimilated law is the name given to REUL which remains in force after the end of 2023. The re-categorisation of REUL (and associated terms) to assimilated law reflects a change in its status and treatment under UK law, in that it is generally to be interpreted according to ordinary domestic law and principles. From 1 January 2024,

ARCHIVED: This Practice Note has been archived and is not maintained. This tracker tool tracks and summarises key new and upcoming legislation and consultations in England and Wales regarding circular economy developments relating to product design, ecodesign and ecolabelling. The tracker is divided into the following sections: • Legislation—displaying key upcoming legislation of interest to Environment lawyers in England and Wales coming into force from 1 January 2023 • Open consultations–displaying the current status and most recent developments of consultations open from 1 January 2023 or opened at an earlier date but still open as of 1 January 2023 being conducted by government departments, regulators and other bodies in relation to environmental law in England and Wales • Closed consultations—displaying consultations conducted by government departments, regulators and other bodies in relation to environmental law in England and Wales which closed

ARCHIVED: This Practice Note has been archived and is not maintained. This tracker tool tracks and summarises key new and upcoming legislation in England and Wales and consultations linked to climate action and emissions reduction targets. Under the Climate Change Act 2008 (CCA 2008), as amended by the Climate Change Act 2008 (2050 Target Amendment) Order 2019 SI 2019/1056, the UK has a statutory target to reduce greenhouse gas (GHG) emissions by at least 100% on 1990 levels or net zero by 2050. In addition, the UK has the following interim targets: • a 68% reduction in GHG emissions on 1990 levels by 2030—set via its updated Nationally Determined Contribution (NDC) under the Paris Agreement (although the target does not include emissions from international aviation and shipping) • a 78% reduction in GHG emissions on 1990 levels by 2035—set via the UK’s sixth carbon budget These emissions targets have driven rapid developments in recent energy and environmental policy and legislation. Retained EU law (REUL) is a legal concept describing EU-derived rights

ARCHIVED: This Practice Note has been archived and is not maintained. This tracker tool tracks and summarises key new and upcoming legislation and consultations in England and Wales linked to contamination, pollution and environmental permitting. The following regimes apply in England and Wales in relation to contamination, pollution and permitting: • the contaminated land regime under Part IIA of the Environmental Protection Act 1990 (EPA 1990): this covers contamination to land that is causing (or where there is a significant possibility of causing) significant harm to human health (including property), living organisms or interference with ecological systems or controlled waters • the Environmental Damage (Prevention and Remediation) (England) Regulations 2015, SI 2015/810 and the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, SI 2009/995 (EDR): these apply in relation to environmental damage, which is defined as environmental damage to: ◦ a protected species or natural habitat that has a significant adverse effect on reaching or maintaining the favourable conservation status of the species or habitat ◦ a site of special scientific interest

ARCHIVED: This Practice Note has been archived and is not maintained. This tracker tool tracks and summarises key new and upcoming legislation and consultations in England and Wales linked to environmental disputes, offences and enforcement. Claims under environmental law may arise in nuisance, negligence or by other civil liability. Judicial reviews may be sought to challenge the lawfulness of decisions made, and actions or inactions by public bodies (or bodies exercising a public function). In addition, environmental reviews can be brought by the Office for Environmental Protection (OEP) where a decision notice has been served on a public authority served by the OEP and the OEP is satisfied, on the balance of probabilities, that the authority has failed to comply with environmental law, and it considers that the failure is serious. A huge variety of environmental offences exist and the relevant regulators (the OEP, the Environment Agency, Natural Resources Wales (NRW). Natural England, the Marine Management Organisation (MMO) and local authorities) have significant enforcement powers, including powers to investigate,

ARCHIVED: This Practice Note has been archived and is not maintained. This tracker tool tracks and summarises key new and upcoming legislation and consultations in England and Wales linked to environmental taxes, reliefs and incentives. HM Treasury has defined an environmental tax as one which meets the following three principles: • the tax is explicitly linked to the government's environmental objectives • the primary objective of the tax is to encourage environmentally positive behaviour change, and • the tax is structured in relation to environmental objectives—for example, the more polluting the behaviour, the greater the tax levied The following environmental taxes apply in England and Wales: • landfill tax: a tax payable on disposals of waste at licensed landfill sites and on certain prescribed landfill activities • climate change levy (CCL): a mandatory tax on UK business energy use, charged at the time of supply, known as taxable supplies. The climate change agreement (CCA) scheme entitles eligible facilities to receive a reduced rate (discount) on the CCL • aggregates levy:

ARCHIVED: This Practice Note has been archived and is not maintained. This tracker tool tracks and summarises key new and upcoming legislation and consultations in England and Wales linked to nature and biodiversity. Retained EU law (REUL) is a legal concept describing EU-derived rights and legislation preserved by UK law after the end of the Brexit transition or implementation period at 11 pm on 31 December 2020 (IP completion day). Assimilated law is the name given to REUL which remains in force after the end of 2023. The re-categorisation of REUL (and associated terms) to assimilated law reflects a change in its status and treatment under UK law, in that it is generally to be interpreted according to ordinary domestic law and principles. From 1 January 2024, REUL is ‘assimilated’ into domestic law by virtue of the fact it is generally stripped of EU-derived interpretive effects (eg supremacy of EU law, directly effective rights, and general principles previously retained under the European Union (Withdrawal) Act 2018 (EU(W)A 2018)). For more information, see Practice

ARCHIVED: This Practice Note has been archived and is not maintained. This tracker tool tracks and summarises key new and upcoming legislation and consultations in England and Wales linked to sustainability. ‘Sustainability’ and ‘sustainable business’ have evolved conceptually over recent years. Sustainability initiatives are now typically concentrated on three distinct areas: environment, social, and governance (together, ESG). This tracker is primarily focussed on the environmental limb, including responsible business, reporting and sustainable development. However please note that some legislative initiatives may encompass wider ESG factors and broader responsible business practices. The UK’s plans and proposals for improving and incentivising sustainable business practices arise out of a number of international agreements and initiatives , including the Paris Agreement, the Task Force on Climate-related Financial Disclosures, the Task Force on Nature-related Financial Disclosures, and the United Nations Sustainable Development Goals. For more information on these broader international initiatives, see: ESG and sustainability collection. The tracker is divided into the following sections: • Legislation—displaying key upcoming legislation of interest to environmental lawyers in England and Wales coming

ARCHIVED: This Practice Note has been archived and is not maintained. This tracker tool tracks and summarises key new and upcoming legislation and consultations in England and Wales linked to waste, including circular economy developments relating to end of life/waste and plastics, and the waste producer responsibility regime. The tracker is divided into the following sections: • Legislation—displaying key upcoming legislation of interest to Environment lawyers in England and Wales coming into force from 1 January 2023 • Open consultations–displaying the current status and most recent developments of consultations open from 1 January 2023 or opened at an earlier date but still open as of 1 January 2023 being conducted by government departments, regulators and other bodies in relation to environmental law in England and Wales • Closed consultations—displaying consultations conducted by government departments, regulators and other bodies in relation to environmental law in England and Wales which closed from 1 January 2023 To track EU developments in this area, see: EU environment tracker 2024—waste and EU environment tracker 2024—plastics. Full list