Prof. Lucas Bergkamp

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The European Commission (EC)–the executive branch of the European Union (EU)–recently proposed a comprehensive regulatory framework for batteries (the proposal). The finalized proposal would replace the existing Battery Directive, which currently covers only the end-of-life stage of batteries. The proposal is the first action taken by the EC under its new Circular Economy Plan and is viewed as a necessary step towards meeting the European Green Deal’s goal of zero net greenhouse gas (GHG) emissions by 2050. The proposal will have significant implications for companies manufacturing and importing batteries (or products with batteries) in the EU and may influence the future policies of the incoming Biden administration.
Continue Reading The EU Drive toward a Sustainable Battery Framework and Seeing Around the Corner in the US

On December 20, 2019, the Supreme Court of The Netherlands ruled in a climate case brought against the state by Urgenda, a non-governmental organization for “a fast transition towards a sustainable society.” The Court of Appeal and the Court of The Hague had previously ruled on Urgenda’s claims. In both instances, the courts granted Urgenda’s claim that the Dutch state should reduce emissions of CO2 from its territory by at least 25% by the end of 2020. The Supreme Court rejected the state’s appeal and confirmed the ruling.
Continue Reading Dutch Supreme Court’s Climate Judgement

The EU’s Approach to Product Stewardship

While the European Union (EU) does not have any legal principle specific to product stewardship, it has applied the full range of EU environmental law principles to create a comprehensive framework for product stewardship. These principles include the prevention and precautionary principles, sustainability, extended producer responsibility, supply chain responsibility, and corporate social responsibility. In addition, product stewardship is a key instrument in the EU’s latest strategic environmental focus areas: the circular economy and the toxic-free environment, two main themes of current EU environmental policy making.
Continue Reading How the EU’s Product Stewardship Regulations Affect Global Supply Chains

Last October, the European Commission published its Work Programme for 2018. In the environmental area, a prominent topic is the EU initiative with respect to a ‘circular economy.’ This concept involves a transition to a “stronger and more circular economy where resources are used in a more sustainable way.”

The idea is to  “close the loop” of product lifecycles through greater recycling and re-use, so as to realize benefits for both the environment and the economy. Simultaneously, the EU’s circular economy strategy should “extract the maximum value and use from all raw materials, products and waste,” “foster energy savings,” and reduce “Green House Gas emissions.” Accordingly, the Commission’s proposals cover the full lifecycle of products: from production and consumption to waste management and the market for secondary raw materials.…

Continue Reading European Union Attempts To Move Towards A “Circular Economy”

Should environmental groups or citizens be able to file lawsuits against their governments to force them to step up action to fight climate change? Some climate activists have claimed that resorting to judicial remedies is necessary because, in their opinion, the political system focuses on short-term economic interests to the detriment of long-term environmental concerns. Attempts to involve the courts in climate policy decision making have had very limited success, but a recent decision in The Netherlands may reinvigorate those efforts.
Continue Reading Climate Change Litigation Against States