Student CELP 2023 Snapshots
On the last day of 2023 Student CELP has published snapshots of the environmental law and policy headlines which struck the interest of members the most this year.
EU’s Nature Restoration Law
Austin Hill
After contentious discussions, the European Union’s (EU) new Nature Restoration Law has been provisionally agreed in November through trilogues between the European Commission, the Council of Europe Union, and European Parliament. The law will attempt to reverse the decline in European habitats, of which 80% have been deemed in poor condition by the EU’s Environment Agency. Each member state will be required to put in place effective restoration measures by 2030 with would need to cover at least 20% of the EU’s land and sea. Measures that cover all depleted ecosystems must be in place by 2050. The Nature Restoration Law was proposed in response to the landmark agreement at the COP 15 Biodiversity Conference that called on countries to reverse nature loss by 2030. Push back against the law came from the EU’s largest parliamentary group, the centre-right European People’s Party (EPP), who claimed the new rules place to heavy a burden on already struggling European farmers. Ultimately, it passed after much revision to which the World Wildlife Fund (WWF) expressed that it was “disappointing to see the many exemptions included, and the excessive flexibility regarding obligations for Member States.”
Putting these crucial commitments into law is a win for conservationists but it remains to be seen if the EU’s member states will meet the targets set.
The year for climate litigation – Duarte Agostinho and Others v. Portugal and 32 Other States
Megan Parker-Williams
Climate litigation involves legal cases against governments accused of contributing significantly to global warming and failing to take sufficient action to reduce emissions. It serves as a powerful tool to address climate change globally, holding entities accountable and establishing legal precedents for future climate policies.
September 2020 saw the extraordinary case of Duarte Agostinho, as the first climate change case filed with the European Court of Human Rights. Six Portuguese nationals, aged 11-24, filed a complaint against Portugal and 32 other European States, alleging human rights violations due to inadequate efforts to limit greenhouse gas emissions. Using Articles 2 (right to life), 8 (right to privacy) and 14 (right not to be discriminated) of the European Convention of Human Rights, Duarte highlights climate anxiety in young people and emphasizes the urgency of addressing climate-related harms.
Duarte raises the concept of intergenerational justice, portraying how current policies impact future generations, and framing youth as a vulnerable population disproportionately affected by climate change. To be heard in the ECHR’s Grand Chamber, as of now, we are still awaiting a decision in this landmark case. The decision will have significant implications and set long-awaited precedent.
‘Environmental vandalism’ : the Rosebank oil field
Hollie Milsom
In September 2023 the UK Conservative government greenlit Equinor’s licence application for the development of the Rosebank oil field, the UK’s biggest undeveloped oil and gas field lying 80 miles off the Shetland coast in the North Atlantic Ocean. Despite the government’s claim that the licence is ‘the right long-term decision for the UK’s energy security,’ the decision appears to contradict the ambitions outlined in the UK’s net-zero strategy document – particularly its plans to ‘pivot to new opportunities … low carbon fuel switching … shift away from fossil fuels.’
Opposition to Rosebank has been voiced by several stakeholders including, environmental campaigners and politicians. Green MP Caroline Lucas described the move as ‘morally obscene’, and the ‘greatest act of environmental vandalism in [her] lifetime.’
Indeed, in the shadow of Europe’s hottest summer on record, which experts warn will be worsened by the continued use of fossil fuels, the UK government’s approval of the Rosebank oil field appears at best ill-advised and at worst reckless. Alongside the irreparable climate impact, Rosebank will provide for decimating impacts upon the North Sea as the damage from the drilling and pipelines combined with the toxic pollutants will destroy the important marine wildlife. Nevertheless, Rosebank oil field is still due to be developed with the first oil expected to be produced towards the end of 2026.
The latest EU actions on climate change: the 2050 climate-neutral goal
Ysabel Vieira Pestana
The EU is committed to achieving climate neutrality by 2050 and has set a target to reduce greenhouse gas emissions by at least 55% by 2030. This transition aims to balance greenhouse gas emissions with natural absorption, such as by forests and oceans. The EU sees this shift as an opportunity for economic growth, job creation, and technological development.
To achieve these goals, the EU has enacted the European climate law, which legally binds member states to reach the 2030 and 2050 climate targets. The “Fit for 55” package includes proposals to revise existing legislation and introduce new initiatives in areas such as energy, transport, emissions trading, and land use. Additionally, the EU has introduced a just transition mechanism to support regions most affected by the move to a low-carbon economy. The EU is also actively shaping global action on climate change, aligning with the Paris Agreement and providing significant climate finance to support developing countries.
The urgency of these actions is underscored by the significant economic costs and loss of lives caused by extreme weather and climate-related events. Overall, the EU is taking comprehensive and ambitious steps to address climate change and its impacts.
Weird or wonderful? Headline renewable energy initiatives in 2023
Arwa Al Zadjali
Certain renewable energy initiatives could be considered absurd due to their peculiar or unusual nature. Although these projects may seem preposterous at first, they often push the envelope in terms of innovation and can lead to innovative breakthroughs in the industry. A few instances of these are as follows:
1. A nuclear power plant situated on a barge in Russia, capable of producing 70MW of electricity through two nuclear reactors. Compared to land-based nuclear reactors, it is easier to carry, can operate under challenging conditions, and can desalinate and chill water using salt water. But it also confronts technological problems, security, and environmental risks, resistance from nearby populations, and expensive building, operating, and decommissioning expenses. This is a contentious endeavor that might not be the last of its sort worldwide.
2. Using carbon capture, utilization, and storage (CCUS), the Net Zero Teesside project, a collaboration between BP and Equinor, seeks to decarbonize industrial, electricity, and hydrogen enterprises in Teesside, England. The project transports CO2 emissions to offshore storage facilities by capturing pollutants from power stations and industrial activities. If this carbon were stored in a safe location deep beneath the ocean, it would not contribute to the greenhouse effect and may one day be converted into new fuels for transportation systems.
3. The Seabed Energy Storage initiative endeavours to store renewable energy by utilizing compressed air within submerged caverns. This stored compressed air can be subsequently released to generate electricity as required. This project holds promise as a dependable and effective method for storing renewable energy, contributing to the reduction of carbon dioxide levels in the atmosphere. The technology has the potential to store energy produced by offshore wind turbines, thereby mitigating the reliance on fossil fuels and other non-renewable energy sources.
2023 victory for biodiversity in the High Seas
Jade Jones