The Law of Net Zero and Nature Positive

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. The book has a foreword contributed by the Rt Hon Lord Dyson. A full contributor list and a table of contents follows below.

Reviews of The Law of Net Zero and Nature Positive

“The Law of Net Zero and Nature Positive offers a vision of a broader new branch of law, viewed through the lens of two fundamental questions. What contribution does – or could – the law make towards achieving a goal of 'net zero' (having first defined such a goal)? And how might the law also contribute to the preservation and restoration of all aspects of 'the natural world' (first defining what 'nature positive' might mean in a legal context)? … This substantial book is elegantly laid out, handsomely and sturdily designed and admirably presented (with an appropriately azure cover), and with a superbly detailed index. It deserves a wide readership, a long life and regular new editions over time." — Philip Britton, Journal of Planning and Environment Law “The Law of Net Zero and Nature Positive, which the publisher states is 'the first [book] that provides a comprehensive overview of the law of net zero and nature positive across England and Wales', is long overdue and much welcomed. … It is an informative and handy reference for both legal and non-legal practitioners, with sufficient technical details to be of use to specialists but also written in generally accessible language to engage and enlighten non-experts. It is, without a doubt, a valuable contribution.” — Simon C.Y. Wong, Journal of International Banking & Financial Law  “This book skilfully explains how legal obligations under net-zero and nature-positive laws are now shaping a wide variety of areas of legal practice, tracing the thread across real estate, company, consumer protection and public international laws, among others. As you would expect from its heavyweight editors and an impressive list of contributors, this book is a very significant achievement. It is believed to be the first of its kind to set out the domestic legal framework for the transition to a net-zero and nature-positive future, and it is unashamedly ambitious in its scope. The book’s breadth means that readers will gain a comprehensive understanding of climate risks and climate legal risks across legal practice.” — Rob Biddlecombe, The Law Society Gazette “This must be one of the most striking environmental law books published in the UK for a generation.  Striking for its title – surely the first to contain the words ‘net zero and nature positive’ . Striking for its scope – it goes way beyond examination of specialist laws on climate change and nature conservation and includes chapters covering issues such property law and transactions, financial investment, and even climate protest.  Striking for the range and expertise of the contributors – some thirty five practicing barristers from one set of London Chambers. The book provides an authoritative analysis of mainstream energy and nature protection laws and policy.  But what is especially impressive and distinctive are whole sections covering areas of law such as construction and building ,consumer protection, and corporate responsibility.” — Richard Macrory, International Energy Law Review “The book provides comprehensive and excellent guidance on a new and developing area of practice, which will be invaluable to all construction lawyers.” — Thayananthan Baskaran, Construction Law International

Advance praise for The Law of Net Zero and Nature Positive

‘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 inflicting 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

‘Not many legal textbooks can claim to deal with a subject affecting the future of the world, but this one does, and justifiably so. Its 930 pages cover not only obvious topics such as environmental impact assessments and biodiversity net gain, but others ranging from the Holbeck Hall Hotel to the Law Commission’s 2014 report on investment decisions by pension fund trustees. The authors have produced a comprehensive, readable and jargon-free book. They deserve our thanks and congratulations.’

— Lord Justice Bean, Court of Appeal of England and Wales

All of the volume’s contributors, editors and general editors are members of 39 Essex Chambers, a leading set of barristers’ chambers with locations in London, Manchester, Singapore and Kuala Lumpur. It has particular expertise in environmental and climate issues but offers expertise across a wide range of legal sectors and practice areas. 39 Essex Chambers represents a diverse range of clients across all industry sectors, including public and private companies, government bodies, utility providers, non-­governmental organization (NGOs), local authorities, trade unions, educational and health bodies as well as individual litigants, and it prides itself on delivering comprehensive and cost-effective legal services. The book's editors are listed below.

Nigel Pleming KC (Call 1971 Silk 1992)

Nigel Pleming KC has a distinguished legal career spanning over 50 years. He practises mainly in England and Wales, but also in Hong Kong, Belize and the Caribbean. He has been recommended as a leading silk in the Legal 500 since 2000 in the specialties of administrative and public law, civil liberties and human rights, environment, immigration and value added tax. He has a special interest in environmental law, and he has acted with others for a coalition of residents, local authorities and Greenpeace in the well-known challenge to the government’s decision to authorize the building of a third runway and sixth terminal at Heathrow. He has recently been working with the British Institute of International and Comparative Law (‘BIICL’) on their Corporate Climate Change Litigation Toolbox. Nigel has been nominated by The Lawyer magazine for the Barrister of the Year award.

Richard Wilmot-Smith KC (Call 1978 Silk 1994)

Richard Wilmot-Smith KC specializes in all aspects of construction and engineering litigation and arbitration. His expertise also extends to issues involving European law, environmental law (including coal and nuclear power and waste incidents), libel, health and safety, railways and oil and gas. He has more than 40 years of experience in the field, with 30 years at the highest level. Richard sits as an arbitrator and adjudicator in high-value cases worldwide.

Stephen Tromans KC (Call 1999 Silk 2009)

Stephen Tromans KC is an outstanding name in the environmental and planning spheres, who brings these skills to the energy sector. He is also known for his pre-­eminent expertise in legal matters pertaining specifically to nuclear energy. Stephen has deep experience and knowledge of most aspects of environmental law, gained over almost 40 years in the field, and he has been involved in some of the leading cases in areas such as waste, water rights, environmental assessment, nuisance and nuclear law. He has been teaching and writing in the field of environmental law since 1985 and is the author of leading texts on planning and environmental law, contaminated land, environmental assessment, and nuclear law.

Karim Ghaly KC (Call 2001 Silk 2017)

Karim Ghaly KC specializes in the litigation and arbitration of commercial disputes in the fields of construction and engineering, energy and natural resources, infrastructure, insurance, maritime projects and PPP/PFI. Over the past 20 years he has acted as counsel, arbitrator or adjudicator in complex and high-value disputes arising out of projects in Africa, Asia, the Caribbean, Europe, the Middle East, North America, South America and the UK. Karim is recommended as a leading silk for commercial dispute resolution, construction, energy and natural resources, international arbitration, PPP/PFI and professional negligence by Chambers and Partners, Chambers Global, The Legal 500, The Legal 500 Middle East and Who’s Who Legal.

Camilla ter Haar (Call 2005)

Camilla ter Haar specializes in domestic and international litigation and arbitration. Camilla’s practice spans construction and infrastructure disputes as well as commercial and financial services work. Camilla acts as both sole counsel and as part of a larger counsel team. Alongside her practice, Camilla is the co-host of the podcast ‘Construction and the Climate’, co-author of the book Remedies in Construction Law, and co-founder of the Klosters Forum, a Swiss-based environmental discussion forum.

Stephanie David (Call 2016)

Stephanie David has a multidisciplinary practice spanning public law and human rights; energy, the environment and planning matters; financial services and regulatory work. She is ranked as a leading junior and ‘up and coming’ in administrative law and public law, human rights and civil liberties, and planning law by The Legal 500 and Chambers and Partners. She has particular expertise in climate change and nature-­related litigation having been instructed in cases relating to financial services, national policy, infrastructure projects and agriculture. She is an editor of the Environmental Law Bulletin (published by Sweet and Maxwell), a regular contributor to the Journal of Environmental Law and hosts the podcast ‘Climate Law Matters’.

Contributor list

Alexander Burrell, LLB (Bristol), Barrister. Rebecca Cattermole, BA (Bristol), Barrister. Grace Cheng, LLB (LSE), BCL (Oxon), Barrister and Arbitrator, Visiting Professor and Lecturer. Stephanie David, BA (Cantab), LLM (LSE), Barrister. Rebecca Drake, MA (Cantab), LLM, Barrister. Hannah Fry, LLB (QMUL), LLM (QMUL), Barrister. Ella Grodzinski, BA (Oxon), LLM, Barrister. Camilla ter Haar, MA (Edin.), MA (Johns Hopkins, SAIS), Barrister. Ned Helme, BA (Oxon), Barrister. Patrick Hennessy, BA (Oxon) Barrister. David Hopkins, BA (York), MPhil (Oxon), Barrister Joe-han Ho, LLB (Dunelm), LLM (Harvard), BCL (Oxon), Barrister. Victoria Hutton, MA (Oxon), LLM, Barrister. Philippa Jackson, MA (Oxon), Barrister. Vivek Kapoor, LLM (Northwestern, US), LLB (Panjab, IN), BA (Economics and Mathematics) (Panjab, IN), Barrister, Advocate, Arbitrator. Ruth Keating, LLB (Dubl.), Barrister (England & Wales and King’s Inn Ireland). Daniel Kozelko, MA (Cantab), BCL (Oxon), Barrister. Philippe Kuhn, LLB (LSE), BCL (Oxon), Barrister. Eleanor Leydon, BA (Cantab), LLM (UCL), Barrister. Anna Lintner, BA (Cantab), LLM (UCL), Barrister. Juan Lopez, LLB, Barrister. Hannah McCarthy, BA (Cantab), Barrister. Christopher Moss, LLB (UCL), Barrister. Ashley Pratt, LLB (Hons) Law with Politics, Barrister. Celia Reynolds, LLB (Dubl.), LLM (Harv.), Barrister. David Sawtell, MA (Cantab), MPhil (Cantab), MSc (KCL), PhD (Cantab), FCIArb, Barrister and Bye-Fellow of Peterhouse, Cambridge. James Shaerf, LLB (Hons), BA (Cantuar, NZ), LLM (Cantab), Barrister. Melissa Shipley, BA (Cantab), Barrister. Marion Smith KC, FCIArb; Honorary Professor of Law, School of International Arbitration, Centre for Commercial Law Studies, Queen Mary University of London; Vice-Chair of the International Committee of the Bar Council; Bencher of Gray’s Inn; Board member of the Council of the Inns of Court. Christopher Staker, BA, LLB (Hons) (Adel), DPhil (Oxon), PGDip International Commercial Arbitration (QMUL), Barrister. Kelly Stricklin-Coutinho, LLB (LSE), LLM (Cantab), Barrister (England & Wales), Called to the Bar of Ireland, Mediator, Chair of the Civil Mediation Council. Rachel Sullivan, BA (Oxon), MSt (Oxon), Barrister. Gethin Thomas, BA (Oxon), Barrister. Jake Thorold, BA (Cantab), MSt (Oxon), Barrister.

Table of 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

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.