Wenning Environmental

Science-based Targets in Law are More Important Than Ever

Richard J Wenning, Wenning Environmental LLC, Portland, Maine, US

Pieter N Booth, Net Gain Ecological Services LLC, Shelton, Washington, US

Published on JD Supra, 26 June 2025

ABSTRACT:

Science-based targets (SBTs) are essential for establishing clear, scientifically grounded objectives to prevent environmental harm and align global efforts across multiple sectors. These targets extend beyond climate change to encompass freshwater, land, biodiversity, and ocean ecosystems, providing enforceable frameworks that integrate ecological limits into law and policy. SBTs are quantitative, time-bound goals based on scientific consensus and intended to mitigate environmental impacts. Initially focused on climate change under the Science-Based Targets initiative (SBTi) aligned with the Paris Agreement, the Science-Based Targets Network (SBTN) has expanded these targets to include nature and ecosystems such as freshwater quality and quantity, sustainable land use, biodiversity preservation, and ocean resources.

While climate-focused SBTs are more prevalent, legally binding SBTs have been established in the European Union, Australia, Japan, China, and Canada. In the U.S., there has been resistance to SBTs, exemplified by the withdrawal from the Paris Agreement and the rollback of environmental regulations grounded in scientific data. This preference for politically negotiated standards over science-based ones may undermine some long-term environmental goals. Nonetheless, courts of law are increasingly relying on scientific evidence and SBTs to assess environmental compliance and damages, making scientifically validated targets essential in legal strategies and regulatory enforcement as resource scarcity intensifies. For SBTs to be legally credible, courts look for transparency, scientific grounding, measurability, enforceability, and validation by independent experts.