Climate goals in the activities of entrepreneurs and other organisations – about forgotten legal instruments of environmental management

Abstract

The global warming we are witnessing has real social, including economic, consequences that affect us all. We all need to be involved to some extent and to some degree in climate protection and the fight against climate change. This applies to individuals as well as organizations, including those not involved in the economic use of the environment. Hence, climate objectives appear in the activities of businesses, among others. It is worth considering what instruments can be used by organizations, including entrepreneurs, to increase the greening of their climaterelated activities. Are there, and how, legal instruments in place to support the climate-friendly activities of organizations?
This text focuses at the evolution of environmental law from species-based nature conservation to climate law. It also addresses the concept of climate law and its relationship to law of the climate and climate protection law. An attempt is made to indicate the place of climate objectives among the objectives of organizations, primarily entrepreneurs. As these goals are most often non-mandatory, it is worth considering where in the organization’s plans they might appear and why. The case study of specific entrepreneurs, such as public companies of the State Treasury and local government units, is also included here. The author hypothesises that environmental management systems are an effective instrument for achieving climate goals in an organization. After explaining the general relations of management, environmental management and environmental management systems, the possibilities that these systems give to an organization in terms of environment and climate are indicated, as well as proposals for actions that could make this instrument more widespread among entrepreneurs.
The analysis leads to conclusions de lege lata and postulates de lege ferenda, e.g. regarding the need to create incentives for entrepreneurs to participate in voluntary environmental management systems in the form of exemption from part of the fees or selected procedures, extension of the periods for which administrative decisions are granted. Such incentives do not exist in Polish law, nor is there extensive information activity on the opportunities offered by EMAS or environmental management in general. The legislator and the government administration seem to forget about the interesting economic and legal instruments they have at their disposal, thus weakening the inclination of entrepreneurs to take climate objectives into account in their activities.