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PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Environment consultations tracker tool displays the current status and most recent developments of consultations conducted by government departments, regulators and other bodies in relation to environmental law in England and Wales from 1 January–31 December 2022.  Any consultations still open as of 1 January 2023 can be found in: • EU environment tracker 2024—chemicals and hazardous substances • England and Wales environment tracker 2023—circular economy and sustainable products [Archived] • England and Wales environment tracker 2023—climate action, energy and emissions [Archived] • England and Wales environment tracker 2023—contamination, pollution and permitting [Archived] • England and Wales environment tracker 2023—environmental disputes, offences and enforcement [Archived] • England and Wales environment tracker 2023—environmental taxes, reliefs and incentives [Archived] • England and Wales environment tracker 2023—nature and biodiversity [Archived] • England and Wales environment tracker 2023—sustainability [Archived] • England and Wales environment tracker 2023—waste [Archived] • England and Wales environment tracker 2023—water and marine [Archived] The tracker is split into two parts: open consultations and closed consultations. For
PRECEDENTS
Definitions Environment • all or any of the following media: (a) air (including air within buildings or other structures and whether below or above ground); (b) land (including soil and sub-surface land); and (c) water (including surface water and groundwater), and any ecological systems or living organisms (including humans) supported by those media. EHS Laws • all applicable laws (whether civil, criminal or administrative), statutes, statutory
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Legislation will be displayed in reverse chronological order. Legislation that is only applicable to Wales (Wales SI) will be indicated as such on the tracker. Draft and enacted Brexit statutory instruments of interest to Environment lawyers are included in this tracker. Under the European Union (Withdrawal) Act 2018, before certain proposed Brexit statutory instruments are formally laid in Parliament, they have to go through a preliminary sifting process to determine the appropriate level of parliamentary scrutiny. For more information, see News Analysis: Brexit Bulletin—Brexit SI sifting process: what you need to know. For details of additional Brexit SIs laid for sifting, but not yet draft or enacted, see: Brexit SI database. For further guidance on Brexit and environmental law, see: Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources. Title Key date Details Brexit-related Plastic Packaging Tax (Description of Products) Regulations 2021SI 2021/1417 In force: 1 April 2022 SI 2021/1417: Provisions are made to amend the
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Legislation will be displayed in reverse chronological order. Legislation that is only applicable to Wales (Wales SI) will be indicated as such on the tracker. Draft and enacted Brexit statutory instruments of interest to Environment lawyers are included in this tracker. Under the European Union (Withdrawal) Act 2018, before certain proposed Brexit statutory instruments are formally laid in Parliament, they have to go through a preliminary sifting process to determine the appropriate level of parliamentary scrutiny. For more information, see News Analysis: Brexit Bulletin—Brexit SI sifting process: what you need to know. For details of additional Brexit SIs laid for sifting, but not yet draft or enacted, see: Brexit SI database. For further guidance on Brexit and environmental law, see: Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources. For information on previous legislation trackers, see: • Environment legislation tracker 2021 [Archived] Title Key date Details Brexit-related Phytosanitary Conditions (Amendment) (No 3) Regulations 2022, SI 2022/1120 In
PRACTICE NOTES
Appointing environmental consultants • Letter requesting environmental consultant proposal for phase 1 audit • Licence to carry out environmental investigations • Environmental consultant form of collateral warranty (with optional step-in clauses) • Environmental consultant’s appointment • Reliance agreement Property transactions • Sale contract—environmental provisions • Restriction on title—environmental provisions binding on successors in title • Sale contract clauses—seller retains environmental liability for contamination • Sold with information clauses • Sold with information with indemnity • Payments for remediation clauses • Agreement on liabilities • Asbestos indemnity • Asbestos indemnity for when seller is in breach • Transfer of environmental permits • Leases—landlord protection clause for contamination • Leases—landlord responsible for existing contamination; tenant responsible for new contamination and aggravated contamination • Leases—tenant protection clause for existing contamination • Leases—tenant environmental covenants • Leases—end of term environmental report • Pie crust lease of a unit on an estate • Letter requesting environmental consultant proposal for phase 1 audit • Licence to carry out environmental investigations • Environmental consultant’s appointment • Environmental consultant form of collateral warranty (with optional step-in clauses) • Reliance agreement • Model green lease clauses • Commercial
NEWS
This week's edition of Environment weekly highlights includes: the government's announcement of a new partnership between Great British Energy and the Crown Estate, the Department for Environment, Food & Rural Affairs (Defra)'s announcement of a review of the Environmental Improvement Plan (EIP) in order to meet Environment Act targets, along with updates to the Sustainable Farming Incentive agreement terms and conditions and scheme information, and the Department for Energy Security and Net Zero (DESNZ)'s publication of the government response to its consultation on amendments to the Contracts for Difference (Electricity Supplier Obligations) Regulations 2014. In addition this week, HM Treasury (HMT) launched a consultation on TCFD-aligned disclosure in annual reports, the Environment Agency (EA) has published guidance on the management, removal or repurposing of reservoirs, the Financial Stability Board (FSB) has published a stocktake report on nature-related financial risks, and the European Financial Reporting Advisory Group (EFRAG) has released a study of the early implementation of European Sustainability Reporting Standards (ESRS) preliminary practices in EU companies.
NEWS
This week's edition of Environment weekly highlights includes: publication by the Department for Environment, Food & Rural Affairs (Defra) of a new framework for National Parks and National Landscapes, new plans to boost nature recovery on land and at sea, and a list of catchment areas sensitive for phosphorus or nitrogen. In addition the Environment Agency has launched a consultation on an increase in water quality permitting changes and guidance on Shoreline Management Plans, and the Better Buildings Partnership (BBP) has launched a renewed Green Lease Toolkit.
NEWS
This week's edition of Environment weekly highlights includes: news analysis on the application of the Digital Markets, Competition and Consumers Act 2024 on businesses making false or misleading environmental claims, and the case of R (on the application of Dr Rosalind Bradbury) v Brecon Beacons National Park Authority, relating to appropriate assessments and the planning committee’s failure to consider relevant information, and commentary on the Water (Special Measures) Act 2025 policy statement. Also, the International Maritime Organization (IMO) has approved draft regulations establishing the first combined mandatory emissions limits and greenhouse gas pricing framework for global shipping, the Department for Energy Security and Net Zero (DESNZ) has published publication of its response to the Smart Secure Electricity Systems Programme consultation, consultations on implementing voluntary carbon and nature market integrity principles and revenue support regulations for greenhouse gas removals and power bioenergy with carbon capture and storage business models. In addition, the Department for Environment, Food and Rural Affairs (Defra) published its first statutory international environmental protection report, HMRC launched a technical consultation on draft primary legislation for the carbon border adjustment mechanism (CBAM), and the Financial Markets Standards Board (FMSB) published a Statement of Good Practice on the governance of sustainability-linked products.
NEWS
This week's edition of Environment weekly highlights includes: news analysis on a review, commissioned by Steve Reed and led by Dan Corry, on major reforms to environmental regulation to boost growth and protect nature, the Court of Session's ruling on the development of the Rosebank and Jackdaw oil/gas fields and Deutsche Bank units being fined €25m for failing to fulfill environmental, social and governance (ESG) promises in promotional materials for investment products. We also cover, the Court of Appeal's decision in R (Pickering Fishery Association) v Secretary of State for Environment, Food and Rural Affairs, the Department for Transport (DfT) response to its December 2024 consultation on proposals to support the UK transition to zero emission vehicles (ZEVs), a consultation on proposed reforms to how exemptions are set and amended under the Environmental Permitting (England and Wales) Regulations 2016, and developments relating to mid-scheme changes to the Energy Company Obligation (ECO4) scheme and the Great British Insulation Scheme (GBIS),
NEWS
This week's edition of Environment weekly highlights includes: news analysis on the Department for Energy Security and Net Zero (DESNZ)'s new supplementary guidance for assessing the effects of downstream scope 3 emissions on climate from offshore oil and gas projects, the landmark civil climate change ruling in Luciano Lliuya v RWE AG (2015), the case of HM Treasury v GFL, discussing the Aarhus Convention scope on environmental claims, and BHP saying quarter of the £36bn dam claims could be dropped in the BHP dam collapse battle. In addition this week, the Inter-American Court of Human Rights has published its advisory opinion on climate emergency and human rights, the European Commission has proposed amending the EU Climate Law to set a 2040 target of 90% net greenhouse gas emissions reduction compared to 1990 levels, the Law Society has published a blog post discussing its new climate change and property practice note, the Ministry of Housing, Communities and Local Government (MHCLG) and DESNZ have launched a consultation on new minimum energy efficiency standards (MEES) for socially rented homes, and the Department for Environment, Food and Rural Affairs (Defra) has published guidance on new mandatory registration and voluntary accreditation requirements for packaging waste reprocessors and exporters under the extended producer responsibility (EPR) for packaging scheme.
NEWS
This week's edition of Environment weekly highlights includes: coverage of the Department for Energy Security and Net Zero (DESNZ)'s announcement of a £21.7bn funding commitment to launch the UK's first carbon capture, utilisation and storage (CCUS) sites, the Office for Environmental Protection (OEP) seeking permission from the Court of Appeal to intervene in the appeal of R (Rights Community Action Ltd) v the Secretary of State for Housing, Communities and Local Government [2024] EWHC 1693 (Admin) relating to the environmental principles policy statement and publishing an investigative report on ammonia emissions in Northern Ireland. In addition, this week the Institute of Environmental Management and Assessment (IEMA) has published new guidance for SMEs on the Taskforce on Nature-related Financial Disclosures (TNFD) framework, Natural England has published its State of Natural Capital report, the Department for Environment, Food and Rural Affairs (Defra) has published a set of templates for developers to create biodiversity gain plans for phased developments and the Environment Agency (EA) has published its 2023–24 analysis report of the annual review submissions for water resources management plans (WRMP) from water companies across England.
NEWS
This week's edition of Environment weekly highlights includes analysis regarding recently published guidance on the Nature Restoration Fund, using the nature restoration levy, and enforcement action and appeals. It also covers the launch of a new Environmental Audit Committee (EAC) inquiry into climate adaptation for UK infrastructure and agriculture as well as new guidance published by the Environment Agency (EA) on submitting requests for information under the Environmental Information Regulations 2004, SI 2004/3391 and the Freedom of Information Act 2000.