The problem, Schlichter says, is that that’s not happening. Some of the EU’s most stringent environmental laws, such as the Water Framework Directive, are simply not enforced by member states.
Meanwhile, Schlichter insists his goal is not to tighten bureaucracy, but rather to strengthen enforcement of existing laws, but industry groups have warned of the potential impact on the EU’s competitiveness.
“Although it is still unclear what the future of this rights-of-nature initiative will be in the EU, the impact on mining activities could be significant, especially due to the increased demand for domestic raw materials to ensure the EU’s strategic autonomy and resilience in relation to the green and digital transition in the current fragile geopolitical context,” said Cynthia Mestanza Fernández, environmental and safety expert at mining lobby group Euromines.
“In practice, mining projects, including strategic projects under the[Significant Materials Act]may become legally impossible,” she said, adding that “permits could be challenged on behalf of the ecosystem itself.”
And some NGOs have told Schlichter that they may not be able to support the petition until next year. Their resources are now focused on fighting the EU Green Deal backlash.
Still, the arbitrator persists.
“Undemocratic voices are getting louder and louder, and we have no idea how much time we have left to bring environmental policy to the table,” he said.
