Transitioning to a nature-positive and net-zero future

‘To barristers and solicitors: you are all climate lawyers now. Climate change has implications for daily legal practice. Lawyers have a responsibility to adopt a climate-conscious, not climate-blind, approach in daily legal practice.’

These words, delivered by Inger Andersen, executive director of the United Nations Environment Programme, for the Bar Council’s 19th Annual Law Reform Lecture, are quoted at the very start of the book. They echo the Law Society’s statement in April 2023 that solicitors and law firms should consider how the way they practise law may be affected by climate change and make sure they correctly advise clients on climate-related risk. 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.

The structure of the book is very easy to navigate. The introductory chapters provide a helpful background to the central issues discussed, including the overarching legal framework, the recurring legal principles, and the relevant regulatory and other public bodies. From there, the book takes a multi-disciplinary approach, with parts covering planning and environmental law (including agriculture, energy and transport), property (including green leases and conservation covenants), commercial and financial services (including corporate reporting and greenwashing) and construction. Despite the complex and wide-ranging nature of the subject matter, the book succeeds in being accessible to the reader without compromising on detail.  

Given the continued rise in environmental litigation, both domestically and overseas, I found the chapter on the enforcement and relaxation of corporate responsibilities particularly interesting. As climate change activism now seems almost ubiquitous, the chapter on environmental protest was another highlight.

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 is a partner and head of the environmental practice at Mills & Reeve LLP