ClientEarth
Encyclopedia
ClientEarth is a non-profit environmental law organisation, founded in 2008, with offices in London
, Brussels
and Warsaw
.
; this convention obliges governments to give rights and remove financial barriers to NGOs and individuals to mount legal challenges to cases of environmental damage.. In 2011 ClientEarth announced the launch of its European Aarhus Centre. It provides citizens and Non-governmental organisations with the legal expertise necessary to improve access to information and justice in the EU.
to reject the British Government's request for a time extension on improving air quality in its most polluted areas.. In July 2011 the organisation submitted a case to the High Court, challenging Defra on its failure to protect UK citizens' health from the harmful impacts of air pollution.
, the European Environmental Bureau
and BirdLife International
), ClientEarth filed a lawsuit against the European Commission
in March 2010. The groups sued the Commission for not releasing important documents concerning biofuels in line with transparency rules.
In September of the same year, the four groups filed a second lawsuit against the Commission, to attempt to gain the release of documentation regarding the negative environmental impact of biofuels. Despite speculation that biofuels would create more climate-warming emissions than petrol or diesel, a Commission-funded study had suggested that EU biofuel policy would reduce carbon emissions; however, this conclusion was subsequently shown to be based on flawed assumptions chosen by the Commission.
Along with Greenpeace
, WWF
, Spanish energy companies and the regional authority of Galicia, ClientEarth has intervened regarding the European Commission's decision to approve subsidies to the Spanish coal industry. The approved plan gives preferential access to the wholesale electricity market in Spain for power plants that run on domestic coal. Spanish electricity utilities, including Gas Natural
, Iberdrola
and Endesa
have claimed that this will force them to withdraw from contracts for cheaper imported coal and buy more expensive, lower-quality domestic coal, while the parties have also argued that the decision breaches European laws on state aid and the environment, and that the Spanish government aid will unfairly skew the European energy market. ClientEarth also expressed concern that, if the decision was allowed to stand, other countries may be tempted to use similar tactics to bolster their coal sectors. They and the other environmental groups rejected Spain's position that it was attempting to protect the nation's energy security, arguing that the country has an oversupply of natural gas and, at times, renewable energy.
, the law regarding company reporting of environmental and social issues. ClientEarth charge that such reports often do not adequately consider risks and impacts in these areas, and have proposed an overhaul of the law for when the Act is reviewed.
In July 2010, ClientEarth made a specific complaint regarding mining company Rio Tinto
, arguing that statements in the company's annual reports contradicted accounts from other sources including government agencies, NGOs and journalists. ClientEarth argued that, if verified, Rio Tinto's reports would not comply with UK law.
An investigation by ClientEarth in 2010 found that 32 of 100 fish product labels at nine supermarkets had unverified or misleading claims on sustainability or protection of the marine environment, such as "dolphin-friendly". In addition, the organisation expressed concern that labels often did not make clear that many fish products came from threatened stocks, or that they were caught using techniques that had potential to damage the environment or other species. ClientEarth called for supermarkets to remove or correct these labels, or risk breaching consumer protection laws.
In 2010, ClientEarth voiced its opposition to the EU's potential to force its member states' abstention from a vote regarding the introduction of whaling quotas. The EU had changed whale protection's categorisation from a conservation issue to a fisheries issue, which it believed would allow the forced abstention if the member states could not reach a unanimous agreement; ClientEarth argued that EU law did not allow for this re-classification, and that the instruction to abstain would be illegal as unanimity is not required on conservation issues. ClientEarth also noted that, where EU states cannot agree on international environmental issues, Union Laws require them to vote to protect and strengthen an existing EU position; thus, they argued that the member states should vote against the International Whaling Commission
's plan to allow the resumption of commercial whaling.
Also in 2010, ClientEarth highlighted to the EU fisheries ministers that, given the rapid decline of bluefin tuna stocks, they were legally obliged to ban bluefin fishing in the Mediterranean and Atlantic for at least three years, from 2011-2013. ClientEarth also argued that France's overfishing in 2007 meant they should be banned from receiving any bluefin catch quota in 2011, and that Italy should also be penalised for overfishing, although less severely than France. However, following the meeting of the International Commission for the Conservation of Atlantic Tunas
(ICCAT), the European Council announced that it unanimously agreed to support total allowable catches (TACs) in line with ICCAT's scientific advice. ClientEarth argued that these TACs would mean only a 30-45 percent likelihood that bluefin levels would recover by 2020, despite EU law demanding that all fish stocks are at sustainable levels by this date.
ClientEarth is currently supporting Fish Fight, a campaign backed by Hugh Fearnley-Whittingstall
and Channel 4
, that aims to stop the practice of discarding fish under the Common Fisheries Policy
.
. They argued that the company used a highly unrealistic scenario when predicting future energy demand, enabling them to justify continued investment in risky extraction methods.
, regarding plans to revise the EU's 2002 access-to-documents law, which gives individuals the right to view internal EU documents. ClientEarth sued the Council over its alleged failure to disclose its in-house legal opinion about the review of the 2002 rules.
and CEO James Thornton; the latter was named by the New Statesman in 2009 as one of "ten people who could change the world".
and Coldplay
are patrons of the organisation, as is the environmentalist and MP Zac Goldsmith
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, Brussels
Brussels
Brussels , officially the Brussels Region or Brussels-Capital Region , is the capital of Belgium and the de facto capital of the European Union...
and Warsaw
Warsaw
Warsaw is the capital and largest city of Poland. It is located on the Vistula River, roughly from the Baltic Sea and from the Carpathian Mountains. Its population in 2010 was estimated at 1,716,855 residents with a greater metropolitan area of 2,631,902 residents, making Warsaw the 10th most...
.
Access to Justice
ClientEarth is attempting to make it a legal right for European citizens and non-governmental organisations (NGOs) to bring environmental cases to court. In 2010, ClientEarth were successful in a legal challenge to get UK courts to accept the Aarhus ConventionAarhus Convention
The UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, usually known as the Aarhus Convention, was signed on June 25, 1998 in the Danish city of Aarhus. It entered into force on 30 October 2001...
; this convention obliges governments to give rights and remove financial barriers to NGOs and individuals to mount legal challenges to cases of environmental damage.. In 2011 ClientEarth announced the launch of its European Aarhus Centre. It provides citizens and Non-governmental organisations with the legal expertise necessary to improve access to information and justice in the EU.
Air Pollution
In 2009, ClientEarth successfully lobbied the European CommissionEuropean Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
to reject the British Government's request for a time extension on improving air quality in its most polluted areas.. In July 2011 the organisation submitted a case to the High Court, challenging Defra on its failure to protect UK citizens' health from the harmful impacts of air pollution.
Biofuels
Along with three other environmental groups (Transport and EnvironmentEuropean Federation for Transport and Environment
The European Federation for Transport and Environment is a European umbrella for non-governmental organisations working in the field of transport and the environment, promoting sustainable transport in Europe; which means an approach to transport that is environmentally responsible, economically...
, the European Environmental Bureau
European Environmental Bureau
The European Environmental Bureau is a federation of over 140 environmental citizens’ organisations based in all 27 European Union Member States, potential Member States and a few neighbouring countries. These organisations range from local and national, to European and international...
and BirdLife International
BirdLife International
BirdLife International is a global Partnership of conservation organisations that strives to conserve birds, their habitats and global biodiversity, working with people towards sustainability in the use of natural resources...
), ClientEarth filed a lawsuit against the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
in March 2010. The groups sued the Commission for not releasing important documents concerning biofuels in line with transparency rules.
In September of the same year, the four groups filed a second lawsuit against the Commission, to attempt to gain the release of documentation regarding the negative environmental impact of biofuels. Despite speculation that biofuels would create more climate-warming emissions than petrol or diesel, a Commission-funded study had suggested that EU biofuel policy would reduce carbon emissions; however, this conclusion was subsequently shown to be based on flawed assumptions chosen by the Commission.
Coal Industry
ClientEarth has challenged plans to build two coal-fired power plants in Kingsnorth, Kent.Along with Greenpeace
Greenpeace
Greenpeace is a non-governmental environmental organization with offices in over forty countries and with an international coordinating body in Amsterdam, The Netherlands...
, WWF
World Wide Fund for Nature
The World Wide Fund for Nature is an international non-governmental organization working on issues regarding the conservation, research and restoration of the environment, formerly named the World Wildlife Fund, which remains its official name in Canada and the United States...
, Spanish energy companies and the regional authority of Galicia, ClientEarth has intervened regarding the European Commission's decision to approve subsidies to the Spanish coal industry. The approved plan gives preferential access to the wholesale electricity market in Spain for power plants that run on domestic coal. Spanish electricity utilities, including Gas Natural
Gas Natural
Gas Natural SDG, S.A., trading as Gas Natural Fenosa, is an energy company which operates primarily in Spain but also in such countries as Italy, Mexico, Colombia, Argentina, Puerto Rico and Morocco...
, Iberdrola
Iberdrola
Iberdrola , headquartered in Bilbao, is a private utility with a global footprint and over 150 years of experience...
and Endesa
Endesa (Spain)
Endesa, S.A. is the largest electric utility company in Spain. The firm, a majority-owned subsidiary of the Italian utility company Enel, has 10 million customers in Spain, with domestic annual generation of over 97,600 GWh from nuclear, fossil-fueled, hydroelectric, and renewable resource power...
have claimed that this will force them to withdraw from contracts for cheaper imported coal and buy more expensive, lower-quality domestic coal, while the parties have also argued that the decision breaches European laws on state aid and the environment, and that the Spanish government aid will unfairly skew the European energy market. ClientEarth also expressed concern that, if the decision was allowed to stand, other countries may be tempted to use similar tactics to bolster their coal sectors. They and the other environmental groups rejected Spain's position that it was attempting to protect the nation's energy security, arguing that the country has an oversupply of natural gas and, at times, renewable energy.
Company Reporting
ClientEarth have written to the Financial Reporting Review Panel asking that they properly enforce the Companies ActCompanies Act
Companies Act is a stock short title used for legislation in the United Kingdom and South Africa relating to company law....
, the law regarding company reporting of environmental and social issues. ClientEarth charge that such reports often do not adequately consider risks and impacts in these areas, and have proposed an overhaul of the law for when the Act is reviewed.
In July 2010, ClientEarth made a specific complaint regarding mining company Rio Tinto
Rio Tinto Group
The Rio Tinto Group is a diversified, British-Australian, multinational mining and resources group with headquarters in London and Melbourne. The company was founded in 1873, when a multinational consortium of investors purchased a mine complex on the Rio Tinto river, in Huelva, Spain from the...
, arguing that statements in the company's annual reports contradicted accounts from other sources including government agencies, NGOs and journalists. ClientEarth argued that, if verified, Rio Tinto's reports would not comply with UK law.
Marine Protection
In 2008, ClientEarth sued the French government for failing to enforce a ban on drift net fishing, but the claim was rejected by the French court in Paris. The court also declined a later request for an emergency order, that would have forced the government to intervene.An investigation by ClientEarth in 2010 found that 32 of 100 fish product labels at nine supermarkets had unverified or misleading claims on sustainability or protection of the marine environment, such as "dolphin-friendly". In addition, the organisation expressed concern that labels often did not make clear that many fish products came from threatened stocks, or that they were caught using techniques that had potential to damage the environment or other species. ClientEarth called for supermarkets to remove or correct these labels, or risk breaching consumer protection laws.
In 2010, ClientEarth voiced its opposition to the EU's potential to force its member states' abstention from a vote regarding the introduction of whaling quotas. The EU had changed whale protection's categorisation from a conservation issue to a fisheries issue, which it believed would allow the forced abstention if the member states could not reach a unanimous agreement; ClientEarth argued that EU law did not allow for this re-classification, and that the instruction to abstain would be illegal as unanimity is not required on conservation issues. ClientEarth also noted that, where EU states cannot agree on international environmental issues, Union Laws require them to vote to protect and strengthen an existing EU position; thus, they argued that the member states should vote against the International Whaling Commission
International Whaling Commission
The International Whaling Commission is an international body set up by the terms of the International Convention for the Regulation of Whaling , which was signed in Washington, D.C...
's plan to allow the resumption of commercial whaling.
Also in 2010, ClientEarth highlighted to the EU fisheries ministers that, given the rapid decline of bluefin tuna stocks, they were legally obliged to ban bluefin fishing in the Mediterranean and Atlantic for at least three years, from 2011-2013. ClientEarth also argued that France's overfishing in 2007 meant they should be banned from receiving any bluefin catch quota in 2011, and that Italy should also be penalised for overfishing, although less severely than France. However, following the meeting of the International Commission for the Conservation of Atlantic Tunas
International Commission for the Conservation of Atlantic Tunas
The International Commission for the Conservation of Atlantic Tunas is an intergovernmental organisation responsible for the management and conservation of tunas and tuna-like species in the Atlantic Ocean and adjacent seas. The organization was established in 1969, at a conference in Rio de...
(ICCAT), the European Council announced that it unanimously agreed to support total allowable catches (TACs) in line with ICCAT's scientific advice. ClientEarth argued that these TACs would mean only a 30-45 percent likelihood that bluefin levels would recover by 2020, despite EU law demanding that all fish stocks are at sustainable levels by this date.
ClientEarth is currently supporting Fish Fight, a campaign backed by Hugh Fearnley-Whittingstall
Hugh Fearnley-Whittingstall
Hugh Fearnley-Whittingstall is a British celebrity chef, television personality, journalist, food writer and "real food" campaigner, known for his back-to-basics philosophy...
and Channel 4
Channel 4
Channel 4 is a British public-service television broadcaster which began working on 2 November 1982. Although largely commercially self-funded, it is ultimately publicly owned; originally a subsidiary of the Independent Broadcasting Authority , the station is now owned and operated by the Channel...
, that aims to stop the practice of discarding fish under the Common Fisheries Policy
Common Fisheries Policy
The Common Fisheries Policy is the fisheries policy of the European Union . It sets quotas for which member states are allowed to catch what amounts of each type of fish, as well as encouraging the fishing industry by various market interventions...
.
Oil Industry
ClientEarth has complained to the Financial Reporting Review Panel regarding the activities of oil company BPBP
BP p.l.c. is a global oil and gas company headquartered in London, United Kingdom. It is the third-largest energy company and fourth-largest company in the world measured by revenues and one of the six oil and gas "supermajors"...
. They argued that the company used a highly unrealistic scenario when predicting future energy demand, enabling them to justify continued investment in risky extraction methods.
Transparency
In 2010, ClientEarth filed a lawsuit against the Council of the European UnionCouncil of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
, regarding plans to revise the EU's 2002 access-to-documents law, which gives individuals the right to view internal EU documents. ClientEarth sued the Council over its alleged failure to disclose its in-house legal opinion about the review of the 2002 rules.
Notable Employees
Employees of ClientEarth include Professor Ludwig KramerLudwig Krämer
Professor Doctor Ludwig Krämer is an important legal figure in the development of environmental law at national, regional and international levels and in particular in the European Community. He is the author of over 150 articles on environmental law, principally concerned with European...
and CEO James Thornton; the latter was named by the New Statesman in 2009 as one of "ten people who could change the world".
Patrons
Musicians Brian EnoBrian Eno
Brian Peter George St. John le Baptiste de la Salle Eno , commonly known as Brian Eno or simply as Eno , is an English musician, composer, record producer, singer and visual artist, known as one of the principal innovators of ambient music.Eno studied at Colchester Institute art school in Essex,...
and Coldplay
Coldplay
Coldplay are a British alternative rock band formed in 1996 by lead vocalist Chris Martin and lead guitarist Jonny Buckland at University College London. After they formed Pectoralz, Guy Berryman joined the group as a bassist and they changed their name to Starfish. Will Champion joined as a...
are patrons of the organisation, as is the environmentalist and MP Zac Goldsmith
Zac Goldsmith
Frank Zacharias Robin "Zac" Goldsmith, MP is an English environmental journalist, entrepreneur and Conservative Party politician. He has been the Member of Parliament for Richmond Park since winning the seat at the 2010 general election.Goldsmith is the middle child of the late financier Sir...