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The Law of Net Zero and Nature Positive

The Law of Net Zero and Nature Positive

Author: Nigel Pleming KC; Richard Wilmot-Smith KC; Stephen Tromans KC; Karim Ghaly KC; Camilla ter Haar; Stephanie David, 39 Essex Chambers
Publisher: London Publishing Partnership
ISBN: 9781916749214
Published In: January 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book is the first that provides a comprehensive overview of the law of net zero and nature positive across England and Wales. It sets out the law on net zero and nature positive, including consideration of the principal domestic legislation, the Climate Change Act 2008 and the Environment Act 2021, and how legal obligations in respect of net zero and nature positive translate across different sectors of the economy.

The book’s editors are Nigel Pleming KC, Richard Wilmot-Smith KC, Stephen Tromans KC, Karim Ghaly KC, Camilla ter Haar and Stephanie David, all of 39 Essex Chambers.

Contributors include Alexander Burrell, Rebecca Cattermole, Grace Cheng, Stephanie David, Rebecca Drake, Hannah Fry, Ella Grodzinski, Ned Helme, Patrick Hennessey, Joe-han Ho, David Hopkins, Victoria Hutton, Philippa Jackson, Vivek Kapoor, Ruth Keating, Daniel Kozelko, Philippe Kuhn, Eleanor Leydon, Anna Lintner, Juan Lopez, Hannah McCarthy, Niraj Modha, Christopher Moss, Ashley Pratt, Celia Reynolds, David Sawtell, James Shaerf, Melissa Shipley, Marion Smith KC, Christopher Staker, Kelly Stricklin-Coutinho, Rachel Sullivan, Camilla ter Haar, Gethin Thomas and Jake Thorold.

The book opens with a foreword contributed by the Rt Hon Lord Dyson.

While the authors necessarily focus on the law in England and Wales, the book also provides an international context – reflecting the fact that climate change is ultimately a global phenomenon and that the international legal and policy context gives shape to domestic legal obligations.

The book considers biodiversity alongside climate change. This is important because human-induced climate change and biodiversity are inextricably linked. Given this interdependency, and the fact that nature itself is often forgotten, the book aims to bring together the legal obligations in respect of both net zero and nature positive so that practitioners, policy makers and others interested in this area have both objectives in mind as they seek to address these challenges of our generation.

The book spans areas including planning and the environment, property, environmental protest, public international law, commercial and financial services, fiscal measures and construction.

The Law of Net Zero and Nature Positive will be an invaluable resource for a wide range of private and public sector actors across the economy including the legal profession (barristers, solicitors, the judiciary, inhouse counsel), the policy sector, non-governmental organizations and academia.

Foreword by the Rt Hon Lord Dyson

About the Editors and Contributors

Contents

Table of Cases

Table of Legislation

PART I: INTRODUCTION

Chapter 1. Net Zero and Nature Positive, by Stephanie David

Chapter 2. Overarching Legal Framework, by Ella Grodzinski and Stephanie David

Chapter 3. Environmental Principles, by Stephanie David

Chapter 4. Domestic Regulators, Advisors and Other Public Authorities, by Stephanie David

PART II: PLANNING AND ENVIRONMENTAL

Chapter 5. Land Use Planning, by Christopher Moss

Chapter 6. Nationally Significant Infrastructure, by Daniel Kozelko and Stephanie David

Chapter 7. Environmental Impact Assessments, by Ruth Keating

Chapter 8. Overview of the Law and Policy of Nature Positive, by Eleanor Leydon and Stephanie David

Chapter 9. Protected Areas, by Victoria Hutton and Eleanor Leydon

Chapter 10. Biodiversity Net Gain, by Ned Helme

Chapter 11. Local Nature Recovery Strategies, by Eleanor Leydon

Chapter 12. Agriculture and Land Use, by Eleanor Leydon and Daniel Kozelko

Chapter 13. Environmental Permitting, by Jake Thorold

Chapter 14. Greenhouse Gas Emissions Trading, by Jake Thorold

Chapter 15. Facilitating the Energy Transition, by Daniel Kozelko

Chapter 16. Types of Renewable Energy Generation, by Daniel Kozelko, Stephanie David and Ella Grodzinski

Chapter 17. Transition from Fossil Fuels, by Stephanie David, Gethin Thomas and Daniel Kozelko

Chapter 18. Transport, by Philippa Jackson and Gethin Thomas

Chapter 19. Water, by Philippa Jackson and Celia Reynolds

PART III: PROPERTY

Chapter 20. Implications of Climate Change for Property Rights and Obligations, by David Sawtell

Chapter 21. Net Zero and Adaptation Policies Relevant to Residential and Commercial Property, by Alexander Burrell

Chapter 22. Green Leases and Sustainable Buildings, by Niraj Modha

Chapter 23. Conservation Covenants, by Rebecca Cattermole

Chapter 24. Agricultural Holdings, by Rebecca Cattermole

Chapter 25. Property-Based and Other Torts, by Ashley Pratt

Chapter 26. Property Legal Advice, Insurance and Climate Risk, by Ashley Pratt

PART IV: ENVIRONMENTAL PROTEST

Chapter 27. Environmental Protest, by Rachel Sullivan

PART V: PUBLIC INTERNATIONAL LAW

Chapter 28. Public International Law, by Grace Cheng, Vivek Kapoor and Christopher Staker

PART VI: COMMERCIAL AND FINANCIAL SERVICES

Chapter 29. The Role of Finance in Achieving Net Zero Nature Positive, by Juan Lopez, Joe-han Ho and Philippe Kuhn

Chapter 30. ESG, Disclosure and Reporting, by David Hopkins

Chapter 31. Contractual Drafting, by Rebecca Drake and Celia Reynolds

Chapter 32. Consumer Protection, by Hannah McCarthy and Alexander Burrell

Chapter 33. Enforcement and Relaxation of Corporate Responsibilities, by James Shaerf and Anna Lintner

PART VII: FISCAL MEASURES

Chapter 34. Government Funding: Fiscal Measures and Subsidies, by Kelly Stricklin-Coutinho, Alexander Burrell and Rachel Sullivan

PART VIII: CONSTRUCTION

Chapter 35. Construction: Overview, by Camilla ter Haar

Chapter 36. Statutory Framework, Standards and Industry Guidance, by Melissa Shipley

Chapter 37. Construction Phase, by Hannah Fry

Chapter 38. Retrofitting, by Ruth Keating

Chapter 39. Insurance and Construction, by Hannah McCarthy

Chapter 40. Measurement, by Patrick Hennessey

Chapter 41. Construction Professionals and the Duty to Advise on Net Zero and Climate Change, by Marion Smith KC, Ruth Keating and Camilla ter Haar

Index

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