Environmental news update - 22 November

Welcome to the latest edition of our weekly Environment Law news update. As ever, we bring you developments, insights, and analysis in the world of environmental law.

NEWS ROUND UP

Deposit Return Scheme: England & Northern Ireland advance regulations while Wales delays implementation

The government has announced that regulations for the Deposit Return Scheme (“DRS”) for drinks containers in England and Northern Ireland will be sent to Parliament imminently. Circular economy minister, Mary Creagh, recently confirmed in a written answer to a parliamentary question that these regulations would be laid before Parliament in late 2024, meanwhile a policy paper published on Tuesday confirms that the government intends to lay these regulations in in November 2024.

It was also confirmed that Deposit Management Organisations will be established in April 2025 to oversee the scheme's operation.

The DRS scheme aims to reduce litter and increase recycling rates by incentivizing the return of single-use drinks containers. This scheme will involve consumers paying a small deposit when purchasing drinks in containers made of polyethylene terephthalate (“PET”) plastic, steel, and aluminium, ranging from 150ml to 3 litres. This deposit will be refunded when the empty containers are returned to designated return points. The scheme is expected to launch in October 2027, with a target of achieving a 90% return rate for drinks containers.

In Northern Ireland, DAERA Minister Andrew Muir has also confirmed his commitment to the DRS, aligning with the schemes in England and Scotland. Despite the delay in Wales, Northern Ireland will proceed with the DRS to ensure a cohesive approach across the UK.

While England and Northern Ireland are moving forward with the DRS regulations, Wales has decided to delay its implementation. The Welsh Government is taking additional time to tailor the scheme to its already high recycling rates and specific needs. This delay should allow Wales to develop a more customized approach that complements its existing recycling infrastructure. It should be noted that Wales is the only nation that is looking to introduce a scheme with glass.

The introduction of the DRS is part of a broader effort by the UK Government to tackle plastic pollution and promote a circular economy. Other measures include the Extended Producer Responsibility Scheme, which requires packaging producers to cover the costs of recycling and disposing of their packaging. This scheme will complement the DRS by targeting materials not included in the deposit scheme, such as glass and high-density polyethylene plastic.

Bentham residents prepare legal claim against Angus Fire over PFAS contamination

The town of Bentham, based in North Yorkshire, is widely known as the most PFAS-polluted area in the UK, the extent of which was covered in ENDS report. Residents of the town are fighting back against further pollution by preparing to launch a landmark legal claim against Angus Fire, a firefighting foam manufacturer based in Bentham, due to alleged PFAS contamination.

PFAS are also known as “forever chemicals” due to the fact that they do not break down in the environment. These substances, used in various consumer products (e.g. frying pans) and firefighting foams, have been associated with serious health issues, including certain cancers. 

A multitude of claims have been brough in the US within the last 25 years, however, this claim will be the first PFAS-related claim in the UK.

Residents of Bentham have instructed law firm Leigh Day to investigate the alleged PFAS contamination in Bentham and a subsequent claim against Angus Fire. A community group callee Cleaner Bentham has also instructed international law firm Mishcon de Reya this week to bring legal action against the company.

Since the report earlier this year, Bentham Town Council asked the company to test the environment on Duke Street, a residential street adjacent to their factory. The test results revealed that the soil adjacent to gardens on Duke Street is contaminated with elevated levels of PFAS. The land, which is used for growing food, is owned by Angus Fire and is made available for use to residents. Residents were advised to wash and peel vegetables grown on this land, to clean their homes of dust regularly and to remove shoes before entering their homes. 

Local authorities, including the Environment Agency (“EA”) and North Yorkshire Council, are working to assess the risk and support residents. 

Angus Fire has acknowledged the investigation but has not yet received formal legal action. The company has also offered to buy residents’ houses as a goodwill gesture and presented various options to those affected. The company has also confirmed they will continue to work with the EA on this matter including support with further investigations.

Despite these offers and reassurances, residents remain concerned about their health and future, hoping for a resolution that addresses both the environmental and personal impacts of the contamination. 

Towards a greener tomorrow: CoP29’s struggle for a unified vision

The CoP29 climate negotiations in Baku have highlighted the deep divides between developed and developing nations, the struggle for meaningful commitments on fossil fuels and ongoing challenges to secure adequate climate finance.

Climate Finance

CoP29 President Mukhtar Babayev criticised developed nations for failing to provide clear solutions on climate finance. He emphasised that CoP negotiations are about delivering funds for adaption and addressing loss and damage, rather than facilitating investments that countries can secure independently.

The New Collective Quantified Goal which will replace the $100 billion annual target expiring in 2025 remains a point of contention. While figures ranging from $200 billion to $1.3 trillion are being discussed developing nations – led by African ministers- reject the inclusion of private finance in the goal, citing its inaccessibility and inadequacy for adaption needs.

Germany’s €60 million pledge to the Adaption Fund was a positive step but leaves the fund far short of its $300 million annual target. Meanwhile, African leaders argue for transparent, trackable public financing that prioritises grants over loans.

Fossil Fuel Transition Stalls at G20 and CoP29

The G20 leaders in Rio avoided reaffirming the CoP28 pledges to phase out fossil fuels, a move attributed to Saudi Arabia’s resistance. Instead, their commitment supported “low-emission technologies” which critiques say legitimises continued reliance on fossil gas and other fossil fuels. India, China and Indonesia are moving forward with low significant coal power expansions while the US leads in planned oil and gas developments.

The G20 did however back CoP28’s commitments to triple renewable energy and double energy efficiency by 2030. Yet experts like Ani Dasgupta of the World Resources Institute decried the lack of boldness especially in a year already recorded as the hottest in history.

Azerbaijan’s Delayed NDC

Azerbaijan a CoP29 host nation has drawn criticism for failing to submit a revised Nationally Determined Contribution (“NDC”). While its Troika partners the UAE and Brazil have already released climate plans. Critics highlight the contradiction between the nation’s hosting of CoP29 and its continued reliance on oil and gas.

New Initiatives and Pledges

Despite challenges some progress has been made

• Methane emissions – thirty nations including Brazil and the US have committed to reducing methane from organic waste which is the third largest source of methane emissions; and
• Fossil Fuel Subsidies – the UK, Colombia and New Zealand joined a coalition to phase out fossil fuel subsidies though compliance among members remains uneven.

The Path Forward

Observers stress that CoP29 must deliver tangible progress on adaption, loss and damage finance and fossil fuel transitions. However entrenched divides between developed and developing countries, combined with inadequate ambition from major economies risk leaving vulnerable populations to bear the brunt of the climate inaction. As negotiations continue time is running out to secure a just and sustainable global climate response but despite the challenges there are glimmers of hope. Commitments to triple renewable energy, cutting methane emissions from organic waste and the ongoing discussions around taxing the super-rich for climate funding signal that pathways to transformative action remains open.

Water woes: OEP investigates government’s farming rules for water

The Office for Environmental Protection (“OEP”) have announced this week they are investigating the government’s statutory guidance on the Farming Rules for Water, which was published in 2022 and set out the criteria for when the EA should consider taking enforcement action under the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018.

The investigation follows a complaint sent to the OEP by WWF-UK and ClientEarth. 

The Regulations are said to aim to reduce and prevent water pollution from agriculture by setting guidance for applying and storing fertilisers and the management of soil and livestock, for example, by requiring farmers to plan the application of organic manure and manufactured fertilisers so they do not exceed the needs of the soil and crop.

The OEP have said of the investigation:

“The OEP believes that the Statutory Guidance may be unlawful as some of the wording is not consistent with the regulations themselves. This guidance is likely to be relied upon by farmers and may therefore lead to breaches of the regulations when applying manure or fertiliser to the land.”

“Alongside launching this investigation, we have issued an Information Notice to the Secretary of State setting out the details of these possible failures. We will wait to see their formal response to that Notice before deciding next steps.”

“We are aware that a great deal of work is now underway to address concerns about water quality, including most notably the Water Commission recently announced by Defra. We hope that clarifying the law around this guidance will make an important contribution as part of that bigger picture.”

Government’s key principles for voluntary carbon and nature market integrity announced 

In light of pursuing the net zero goal, the Government has introduced a new set of principles aimed at enhancing the integrity and effectiveness of voluntary carbon markets. The announcement took place at COP29 in Baku, and outlined as follows: 

1. Use credits in addition to ambitious actions within value chains – “Credits should only be used in addition to ambitious action within value chains, consistent with a science-aligned pathway to domestic and global climate and environmental goals.” Companies need to minimise their own impact and that of supply chain partners before using credits in voluntary markets. 
2. Use high integrity credits – The suppliers need to ensure the use of high integrity criteria for the credits to represent a genuine reduction or removal of one tonne of carbon dioxide equivalent from the atmosphere. The credits need to be independently validated and verified. 
3. Measure and disclose the planned use of credits as part of sustainability reporting  – “Information on the planned use of credits, for example to offset greenhouse gas emissions to achieve any net greenhouse gas emissions target should, where financially material, be disclosed as part of a company’s sustainability reporting.” This principle promotes transparency and accountability for the companies in relation to their claims about emissions reductions. By voluntary reporting and disclosing the use of credits, companies can build trust with stakeholders and contribute to the integrity of the carbon market. 
4. Plan ahead – This principle encourages organisations to “Plan Ahead” and make transition planning disclosures using best practice guidance. It is about embedding the use of carbon credits within a larger framework of transition planning and target setting. By doing so, organisations can demonstrate a serious commitment to sustainability and contribute to the integrity of the carbon market.
5. Make accurate green claims using appropriate terminology – Green claims should use accurate terminology and ensure honesty and clarity in their environmental communications. This will contribute to the trust in the organisations as well as the carbon market and help to ensure clearer understanding of claims. 
6. Co-operate with others to support the growth of high integrity markets – “Credit buyers should cooperate with others to support the growth of high integrity markets”. This principle highlights the importance of collaboration among market participants to enhance the overall integrity and efficiency of the market. It is about fostering collaboration and supporting initiatives that enhance the integrity and efficiency of the carbon market. By working together, market participants can help build a more robust and trustworthy market that is capable of delivering significant environmental benefits

The principles are voluntary, and subject to consultation in 2025. They aim to create certainty in investment decisions, negate concerns of greenwashing, and ensure meaningful contributions to global emissions reductions while supporting sustainable development and economic growth. The principles represent a step towards leveraging the markets for effective climate action. 

Follow this link for more details: Principles for voluntary carbon and nature market integrity - GOV.UK

UK launches Global Clean Power alliance at G20 Summit 

On 19 November, UK Prime Minister Keir Starmer announced the launch of the Global Clean Power Alliance (the “Alliance”) at the G20 Summit in Rio de Janeiro. The Alliance aims to accelerate the global clean energy transition through knowledge sharing and co-operation. 

It is intended that countries who are part of the Alliance will share expertise and work together to help member countries meet commitments made at COP28 to triple renewable energy capacity and double the rate of energy efficiency improvements. During the Summit, Starmer and Brazilian President Luiz Inácio Lula da Silva together emphasised the Alliance’s goal of bridging the gap between developed and developing countries to expedite the clean energy transition. 

There will be ‘Missions’ within the Alliance to address critical energy transition challenges. The first of which, the Finance Mission, will be co-chaired by Brazil. According to a government statement on the announcement, this Mission intends to “harness the political leadership needed to unlock private finance on a huge scale so that no developing country is left behind.” By way of bridging divides between global north and south countries, the Alliance has stated a commitment to supporting countries to build investment platforms and provide the assistance required to unlock clean finance flows. 

So far, Brazil, Australia, Barbados, Canada, Chile, Colombia, France, Germany, Morocco, Norway, Tanzania and the African Union have signed up to the Alliance’s first Mission. The United States and EU have also indicated that they will partner with the UK on the initiative. 

On the Alliance, Starmer has stated that he “will restore the UK’s role as a climate leader on the world stage – and this is a once-in-a-generation opportunity to make sure we face up to the climate crisis head-on, while delivering more jobs, growth and prosperity for people across the entire planet”. Energy secretary Ed Miliband has set out that ‘climate leadership’ “means working more closely with other countries to get off the fossil fuel rollercoaster and unlock the rewards of cheap, secure and clean power at home and abroad.” Foreign Secretary David Lammy has also stated that the Alliance “will turbocharge the rollout of clean power worldwide and support [the UK’s] mission to become a clean energy superpower.”