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The Law of Net Zero and Nature Positive

Edited by: Nigel Pleming KC, Richard Wilmot-Smith KC, Stephen Tromans KC, Karim Ghaly KC, Camilla ter Haar, Stephanie David, 39 Essex Chambers

ISBN13: 9781916749214
Published: January 2025
Publisher: London Publishing Partnership
Country of Publication: UK
Format: Hardback
Price: £125.00



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‘One of the world’s greatest architects has a simple philosophy: “touch the earth lightly”. Yet the burden of 8 billion people is anything but, and our collective impact is profound. The Law of Net Zero and Nature Positive brings together an ensemble cast of leading lawyers to share and summarise, with great lucidity, the treaties, statutes, regulations and the common law that apply in the legal environment. By lightening the pressure we bring to bear on our planet, through laws and other measures, we may by degrees improve our atmosphere and the natural world. This fresh, up-to-date book is essential reading for anyone working in this dynamic area of law.’ — Julian Bailey, Partner, Jones Day, and author of 'Construction Law' (4th edition)

‘Controlling climate change and defending the Earth’s ecosystems against the damage which humans are inf licting is now the top priority. Law has a major role in that process. This remarkable book provides a panoptic survey of the relevant legal instruments, both national and international.’ — Sir Rupert Jackson, arbitrator and mediator, formerly judge in charge of the Technology and Construction Court

This book is the first that provides a comprehensive overview of the law of net zero and nature positive. While the book focuses on England and Wales, it also sets out the wider domestic and international context and relevant law, including the principal domestic and European legislation, in particular 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 reflects the fact that climate change is a global phenomenon and that the international legal and policy context give 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 the following: 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, and in-house counsel), the policy sector, non-governmental organizations and academia.

Subjects:
Environmental Law
Contents:
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