<p>Filter Knowledge</p>

A regular briefing for the alternative asset management industry. 

The Environmental Protection Act 1990 was a landmark piece of legislation for the real estate sector, establishing legal responsibility for contamination and pollution control for land, air and water, and also regulating waste disposal and statutory nuisances. Our understanding of the threat posed by contamination and climate change has increased significantly in the thirty years that followed, and the long-awaited new Environment Act was finally put onto the statute books in 2021. When it is fully operational, what might the new legislation mean for the UK's real estate industry?

Towards the end of last year, in Smith v Fonterra [2021] NZCA 552 ("Fonterra"), New Zealand's Court of Appeal provided a counterweight ruling to the Dutch Milieudefensie claim (on which, see our briefing). 

A regular briefing for the alternative asset management industry. 

The long-awaited Environment Act was finally passed into law in November 2021, nearly three years after a bill was first proposed to govern environmental matters after the UK's departure from the EU. The Act's passage was accompanied by a degree of fanfare, with ministers describing it as "the most ambitious environmental programme of any country on earth".

A regular briefing for the alternative asset management industry. 

In this briefing we look at 12 of the changes to law and practice that are likely to impact on the real estate sector in 2022.

On 17 December 2021, the FCA published two policy statements confirming final rules and guidance to promote improved climate-related financial disclosures. Such measures are aimed at helping to inform market pricing and support business decision-making, with the ultimate goal of assisting consumers in making more informed investment decisions.

On the 3 December 2021, the UK began a consultation on the prohibition of the use of "forest risk commodities" produced on land illegally occupied or used (the "Consultation").

Briefing updated on 16 November 2021

COP26 has so far consistently delivered important "side deals" and the fourth day of the summit was no exception. On Thursday, when the focus was on the energy transition, more than 40 countries agreed to move away from coal-fired energy over the next two decades.

Sunday 31 October 2021 marked the official start of the 26th UN Climate Change Conference of the Parties (COP26). World leaders, climate negotiators, members of the press and media, and representatives of observer organisations descended on Glasgow to join an event which many believe to be the world’s best last chance to get runaway climate change under control.

On Wednesday morning the Chancellor of the UK, Rishi Sunak, reiterated at the start of COP26's Finance Day the UK's plan to become the "first ever net zero aligned financial centre".

Tuesday's big announcement, following swiftly from Monday's commitment to end deforestation by 2030, was that over 100 countries have signed up to dramatically reduce their emissions of methane by supporting the Global Methane Pledge. Though carbon dioxide is often the greenhouse gas that grabs headlines, methane has more than 80 times the warming potential of carbon dioxide in the first 20 years after it is emitted, making its reduction important for short term management of temperature rises. Major sources of methane are the fossil fuel energy sector, agriculture and waste.

The UK's Corporate Justice Coalition ("CJC"), an organisation made up of various UK and international Civil Society Organisations ("CSOs") including Anti-Slavery International, Friends of the Earth and Business Human Rights Resource Centre has recently recommended the implementation of a potentially wide-reaching corporate "failure to prevent" regime targeting negative human rights and environmental impacts. Such a regime would track similar EU proposals relating to the diligence of 'value chains' for ESG failings and malpractice.

With climate change dominating the headlines, at the end of last week, the Government published its response to the March 2021 consultation on mandatory climate-related financial disclosures. The consultation set out proposals for certain publicly quoted companies, large private companies and LLPs to disclose climate-related financial information in line with the recommendations of the Taskforce on Climate-related Financial Disclosures ("TCFD recommendations"). The response summarises feedback the Government has received on its proposals and confirms that the changes will be implemented largely as set out in the consultation.

Early this morning it was announced that more than 100 world leaders will commit to halting and reversing forest loss and land degradation by 2030 at an event due to be convened by the UK at COP26 on Tuesday 2 November 2021.

On 19 October 2021 the UK Government published its eagerly anticipated net zero greenhouse gas emissions strategy (the "Net Zero Strategy"). With just a week to go until COP26, the Net Zero Strategy is in the process of being scrutinised in detail by stakeholders in the UK and from other signatories to the Paris Agreement to gauge how serious the UK is about reaching the agreed goal to limit global warming to well below 2 (preferably to 1.5) degrees Celsius, compared to pre-industrial levels. In this article we look at some of the key policies and commitments outlined in the Net Zero Strategy and consider how its publication has been received.

Welcome to the third episode in a series of short videos in the build up to COP26.

Welcome to the second episode in a series of short videos in the build up to COP26.