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Navigating the Complexity of Ecocide Laws: Everybody’s Role

Dr Alex Lee

Principal

alexlee@hka.com

+44 141 270 7060

Expert Profile

Matt Riding

Senior Engineer

mattriding@hka.com

+44 121 717 5770

This article explores the new European Council (EC) laws introduced in March 2024. Alex Lee and Matt Riding explore the legislation in detail, covering the challenges of implementing the EC law and how successful it may be in preventing environmental harm.

In March 2024, the European Council (EC) criminalised wide-scale environmental damage “comparable to ecocide” [1]EU Council passes new ecocide rules, but what does that mean? – EnvironmentJournal with similar laws currently being considered in England and Scotland. [2]Ecocide Bill [HL] – Parliamentary Bills – UK Parliament,[3]Neil Macdonald: Ecocide – a potential new crime for Scotland? | Scottish Legal News The EC became the first globally influential political body to criminalise such acts; it has been branded ‘revolutionary’ environmental legislation.[4] The EU’s new ecocide law may still let environmental criminals get away with it | University of South Wales

Its introduction has been driven, in part, to address the issues of environmental impunity, [5]https://www.euronews.com/green/2024/02/27/revolutionary-eu-criminalises-the-most-serious-cases-of-ecosystem-destruction to foster new environmental litigation within Europe, and to address the problems with current European and national legislations deemed insufficient to deter environmental offences, much of which currently goes unpunished.[6]Crime and punishment – EEB – The European Environmental Bureau

The new law introduces new penalties, including imprisonment for individuals, fines, and denial of access to public funding for companies.[7]EU criminalises environmental damage ‘comparable to ecocide’ | Green politics | The Guardian  Member states are given two years to incorporate it into their national laws; [8]EU criminalises environmental damage ‘comparable to ecocide’ | Green politics | The Guardian/however, uncertainties remain about how successful it may be in preventing environmental harm.

Nations around the globe have enacted a variety of environmental regulations, but their success in tackling climate change, biodiversity loss, and pollution remains difficult to achieve. [9]https://wedocs.unep.org/bitstream/handle/20.500.11822/43943/Environmental_rule_of_law_progress.pdf?isAllowed=y&sequence=3

  • Global efforts to limit warming to 1.5°C are not maintaining the pace and scale required to address the climate crisis.
  • Biodiversity loss due to landscape change is increasing at an unprecedented rate.
  • Air and water pollution is widespread.
  • The cost of using toxic PFAS or ‘forever chemicals’ across the global economy is estimated at $17.5tn annually.[10]https://www.cieh.org/ehn/environmental-protection/2023/may/figures-show-true-cost-of-forever-chemicals-on-society/

One of the challenges will be the variation in national legislation across the EU member states. What constitutes an “unlawful” act can differ from one country to another.[11]Belgium Recognises the Crime of Ecocide: A (Lukewarm) European First | OHRH (ox.ac.uk Moreover, the scope of the law and its applicability to all environmentally damaging activities is another area of concern.

While it explicitly covers activities such as large-scale carbon dioxide emissions, deforestation, ozone destruction and the spread of invasive species, it remains to be seen how it will deal with other activities not explicitly covered, such as fishing, the export of toxic waste to developing countries, or carbon marked fraud. [12]EU Council passes new ecocide rules, but what does that mean? – EnvironmentJournal

This example highlights essential questions about the future of environmental legislation and its legitimacy. Environmental legislation can be complex, inconsistent with other laws and unsettled. Rapid changes in environmental issues, scientific knowledge, and constitutional contexts make drafting effective laws challenging.[13]Legislation and the Stress of Environmental Problems | Current Legal Problems | Oxford Academic (oup.com

Compounding these challenges is an ‘implementation gap’; the distance between environmental regulations, policies and goals relative to compliance and the reality experienced on the ground.[14]Environmental Rule of Law: Tracking Progress and Charting Future Directions | UNEP – UN Environment Programme An increasingly apparent failure to implement and enforce environmental laws undermines sustainable development and threatens environmental progress.[15]Environmental Rule of Law: First Global Report | UNEP – UN Environment Programme

Environmental agencies frequently face resource shortages, and public funding for these agencies is relatively low compared to other sectors. [16]https://wedocs.unep.org/bitstream/handle/20.500.11822/43943/Environmental_rule_of_law_progress.pdf?isAllowed=y&sequence=3 For instance, in EU countries, the proportion of environmental spending to GDP has averaged around 2% over the past 15 years.[17]Environmental protection spending continues to rise – Products Eurostat News – Eurostat

So, while new ecocide laws may assist in closing gaps, many questions remain:

  • How can we ensure uniform compliance?
  • How can jurisdictional discrepancies in transboundary environmental harm cases be dealt with?
  • What will the impact be on high-emissions industries?
  • Are the grounds for prosecution too poorly defined?

There is an important job to be done.

Environmental laws such as ecocide have transformative potential to drive change and assist our struggling institutions despite their imperfections.

To help navigate the complexities of environmental disputes and advisory, HKA has drawn together an unrivalled portfolio of the best global environmental experts delivering domestic and international disputes.

To explore and identify how our experts can help you with environmental advice or disputes, please contact AlexLee@hka.com.


Alex Lee (MSc, PhD, FGS, CSci, CGeol, EuGeol, ASoBRA, SiLC), Principal 
​​Dr Alex Lee​ Is a Chartered Geologist and Scientist with over 25 years of experience and leads HKA’s environment and climate team with over 140 environmental experts. With various industry chair appointments, he is a critical thinker and industry leader with a history of influencing and writing UK guidance. He has been cross-examined in litigation and regularly provides expert opinion, analysis, and advice within dispute values of up to £700 million. 

Matt Riding (B.Sc., M.Sc., M.Sc., Ph.D.), Senior Engineer 
Matt Riding is an experienced environmental consultant with a specific background in the environmental fate and transport of new and emerging chemicals within the environment.

References

References
1 EU Council passes new ecocide rules, but what does that mean? – EnvironmentJournal
2 Ecocide Bill [HL] – Parliamentary Bills – UK Parliament
3 Neil Macdonald: Ecocide – a potential new crime for Scotland? | Scottish Legal News
4  The EU’s new ecocide law may still let environmental criminals get away with it | University of South Wales
5 https://www.euronews.com/green/2024/02/27/revolutionary-eu-criminalises-the-most-serious-cases-of-ecosystem-destruction
6 Crime and punishment – EEB – The European Environmental Bureau
7 EU criminalises environmental damage ‘comparable to ecocide’ | Green politics | The Guardian
8 EU criminalises environmental damage ‘comparable to ecocide’ | Green politics | The Guardian/
9 https://wedocs.unep.org/bitstream/handle/20.500.11822/43943/Environmental_rule_of_law_progress.pdf?isAllowed=y&sequence=3
10 https://www.cieh.org/ehn/environmental-protection/2023/may/figures-show-true-cost-of-forever-chemicals-on-society/
11 Belgium Recognises the Crime of Ecocide: A (Lukewarm) European First | OHRH (ox.ac.uk
12 EU Council passes new ecocide rules, but what does that mean? – EnvironmentJournal
13 Legislation and the Stress of Environmental Problems | Current Legal Problems | Oxford Academic (oup.com
14 Environmental Rule of Law: Tracking Progress and Charting Future Directions | UNEP – UN Environment Programme
15 Environmental Rule of Law: First Global Report | UNEP – UN Environment Programme
16 https://wedocs.unep.org/bitstream/handle/20.500.11822/43943/Environmental_rule_of_law_progress.pdf?isAllowed=y&sequence=3
17 Environmental protection spending continues to rise – Products Eurostat News – Eurostat

This publication presents the views, thoughts or opinions of the author and not necessarily those of HKA. Whilst we take every care to ensure the accuracy of this information at the time of publication, the content is not intended to deal with all aspects of the subject referred to, should not be relied upon and does not constitute advice of any kind. This publication is protected by copyright © 2025 HKA Global Ltd.

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