The sustainability crystal ball John Mitchell Partner Regulatory Risk & Compliance

EU – government reviews  Balance of competencies review: –Consultation ended mid-August –Due to report December 2013 –Reportedly little enthusiasm for change  Business taskforce review –Set up in July 2013 –Reported a week ago –Little issue with environmental law –Plea for one in, one out approach to legislation

Waste - general  EU obligations coming home to roost  Consultation on Waste Prevention Programme  Fortnightly collections  Bin criminals celebrate

Waste – commingled collections  Campaign for Real Recycling judicial review  Amendment to Waste Regulations  Letter from Lord de Mauley

Planning and infrastructure  Access to justice: –Second stage of consultation on restriction of judicial review –Advocate-General Kokott’s opinion –DEFRA consultation on its compliance report to the Aarhus Convention  Biodiversity offsetting  Shale gas planning guidelines  “Allowable solutions” for zero-carbon homes target

Contaminated land  The 2012 guidance  New panel of experts

Air  Consultation on the repeal of the local air quality regime  Consultation on the review of the Clean Air Act

Environmental offences  Sentencing Council consultation –Ended 6 June –Report due later this year –New draft guidelines published with the consultation  Thames Water case –10 year legal battle to avoid liability –European Court rules that escaped sewage is waste –High Court rules that accidental escapes of sewage amount to a “deposit” of the waste –Southwark Crown Court confirms £206,000 fine and £204,000 costs

CRC  Revised CRC Order  41 changes due to come into effect from start of next phase in 2014  7 changes come into effect I June 2013, including: –Reduction in reportable fuels from 29 to 2 –New 2% de minimis threshold for gas –Abolition of the performance league table

REACH  8 more substances added to Annex XIV –Includes trichloroethylene  First authorisation request submitted  144 substances on the Candidate list  EU survey  Registration fees for SMEs slashed

De-regulation  Deregulation Bill –Noise abatement zones –Regulator growth duty

And finally…

… the ASA gets its man  Not Alex Salmond, but Donald Trump  The claim "Tourism will suffer" could not be substantiated.  The California freeway image was not representative of the East coast of Scotland  The comment about Alex Salmond was distasteful rather than offensive

The sustainability crystal ball John Mitchell Partner Regulatory Risk & Compliance