EU Taxonomy Regulation – proposed technical screening criteria for climate change mitigation and adaptation

    EU Taxonomy Regulation – proposed technical screening criteria for climate change mitigation and adaptation On 20 November 2020 the European Commission published the proposed draft technical screening criteria for climate change mitigation and adaptation in the form of a draft delegated regulation, which was open to consultation until 18 December 2020. The Taxonomy Regulation came … Read more

    Recent developments in the French hydrogen sector: the draft hydrogen ordinance

    A French version of this article is available here. France set out in its 2020 hydrogen strategy ambitious goals of becoming a world-leader in the hydrogen sector. One important tool in furthering this strategy is the development of a clear regulatory scheme tailored to the H2 ecosystem. Recently, the Government published a draft hydrogen ordonnance … Read more

    Chile’s Decarbonisation Strategy: Leading the Way by Example

    Fighting climate change is a particularly relevant goal for Latin America since it is home to half of the planet’s biodiversity and over a quarter of its forests.[1]  It therefore does not come as a surprise that all the Latin American and Caribbean countries ratified the Paris Agreement between 2016 and 2018.  The Paris Agreement aims to limit global warming … Read more

    The EU Commission’s evolving Green Deal strategy – more clarity please

    On 4 February 2021, the European Commission’s long-awaited Conference on Competition Policy Contributing to the European Green Deal took place (see our previous blog on the consultation preceding the conference here).  The conference was opened by Commission Executive Vice President and Commissioner in charge of competition policy, Margrethe Vestager. The European Green Deal, announced in December … Read more

    Climate change and the role of regulators

    The post below was first published on our Public Law Notes blog In November 2020, the government announced an ambitious ten-point plan to boost green jobs and reach net-zero. The plan was the most recent recognition at a national-level of the pressing need to combat climate change. It addresses an expansive set of topics: from offshore wind to walking … Read more

    The importance of correctly approaching regulations and guidance in regulatory decisions

    The High Court held in Havant Biogas Ltd & Ors v Gas & Electricity Markets Authority [2021] EWHC 84 (Admin) that Ofgem’s refusal to register the claimants as producers for a subsidy scheme contained public law errors in relation to the registration requirements and so remitted the applications to Ofgem for reconsideration. The case demonstrates the importance of … Read more

    Rule against penalties: Singapore Court of Appeal affirms Dunlop test

    The decision of the Singapore Court of Appeal on 15 December 2020 in Denka Advantech Pte Ltd & another v Seraya Energy Pte Ltd & another [2020] SGCA 119, has affirmed that, under Singapore law, the rule against penalties remains as stated by Lord Dunedin in Dunlop Pneumatic Tyre Company, Ltd v New Garage and Motor Company, Limited [1915] … Read more

    Wind farm assets: chattels or fixtures? The Ararat Wind Farm case

    The Supreme Court of Victoria has confirmed that wind farm assets on leased land do not constitute land to be valued. This is significant in the context of Victorian Fire Services Levy, duty and income tax on sale for foreign investors. A recent test case in the Supreme Court of Victoria in AWF Prop Co … Read more

    Batteries and waste batteries – EU proposes a new regulation

    Batteries have been attracting increasing attention in Europe over the past few years. In 2017, the European Battery Alliance was launched and in 2019 the EU produced a Strategic Action Plan on Batteries, setting out Europe’s plan to gain increased independence from external influences in battery development. Interest in batteries continues to grow and, in … Read more