climate change is happening...It was about this time last year when we first launched this site. Our intention was to contribute, in a modest way, to raising awareness of the vast and increasing range of climate change law and policy, both here in the UK and beyond. We also wanted to create a one stop shop from where our firm wide publications, news items and other information on our activities relating to climate change could be accessed. In the relatively short space of time since then, the climate change sceptics have all but disappeared. Although doubters remain, there appears to be a broad consensus that the actions of mankind are the major, if not sole, cause of climate change, and that some level of global temperature increase is now inevitable. The scientists tell us that, without concerted action now, on a global scale, to contain and then reduce greenhouse gas emissions, the temperature increase over the next few decades will be of such magnitude as to have disastrous implications for all of us. In response to growing recognition of the need for a meaningful and concerted international response, the European Union, in some areas led by the UK government, has played a pivotal role. It has sought to put its own house in order with some progressive and often controversial laws and policies. It has also attempted to use some semblance of moral authority to try and encourage other countries to play their part in reaching an international agreement. But time is now short if a global deal is to be reached in time to be implemented at the end of 2012, when the current framework agreement - the Kyoto Protocol - expires. November 2008 saw the introduction of the Climate Change Act, Energy Act and Planning Act. The Climate Change Act sets a UK legally binding CO2 emissions reduction target of 80% (against 1990 levels) to be achieved by 2050, with a duty to report the UK’s emissions of each greenhouse gas to parliament each year. The Planning Act introduces a new planning system for major infrastructure projects of national importance, streamlining the decision making process and simplifying planning practices, whilst the Energy Act builds on the 2006 Energy Review and the 2007 Energy White Paper with the ambition of making progress on the twin challenges of reducing CO2 emissions and ensuring secure, clean and affordable energy for the future. One difficulty for government in formulating its response to climate change is the inevitable tension between decarbonisation of business and individual behaviour on the one hand, and various social and economic factors on the other. A prime example is the transport sector, vital to our social and economic well-being, yet a major (and growing) contributor to overall carbon emissions. Even in the area of energy policy, the UK climate change response is frequently at odds with the other key objectives of the UK government, namely security of supply, alleviation of fuel poverty and the promotion of competitive markets. Another key development over the past 12 months has been the increasing prominence of climate change adaptation, in other words the need to adapt to the impending physical impacts of climate change. For business, this can mean taking a fresh look at the business planning process, particularly at supply chains in developing countries and logistics in bringing goods to market, as well as changes in consumer buying trends and demographics. It also makes sense for businesses to review their disaster recovery plans and procedures, one obvious area being flooding risk affecting buildings and the impact on stored documentation and IT. The adequacy and cost of insurance cover will also become increasingly problematic for many businesses. Furthermore, it is a fact of life that property damage and other loss can lead to claims and litigation, making it important for businesses to continually review the impact of their operations on others in light of these changing risks, and where appropriate to take necessary preventative measures to mitigate potential third party liability. Martineau has brought together specialists with a wide range of skills and disciplines, to provide tightly focussed services to help our clients, in a proactive way, to meet the immense challenges presented by climate change, and to grasp the emerging opportunities. On this site, we aim to illustrate the ways in which we are working with our clients in this vital area. Andrew Whitehead, Partner November 2008
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