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Downing Street wants to stop green activists from using a little-known international law to tie up major infrastructure projects in the courts using millions of pounds of taxpayer cash, Sky News can reveal.

An obscure international agreement known as the Aarhus Convention, named after Denmark’s second city, is delaying some of the biggest industrial projects in the country.

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Around 80 cases a year are brought under the convention, Sky News has learned, which caps the costs of anyone bringing a case at £5,000 if the case is brought by an individual or £10,000 by organisations.

If this convention did not exist, costs would otherwise be awarded against a claimant for the losing side’s legal fees in the event the claimant is unsuccessful – and could potentially run into the hundreds of thousands or even higher.

This means it’s costing the taxpayer millions every year in legal fees – on top of what critics say is hundreds of millions of additional costs for developers as projects go through the courts.

Developers want to build a carbon capture and storage facility on a gas-fired power station on Teesside's coastline
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Developers want to build a carbon capture and storage facility on a gas-fired power station on Teesside’s coastline

The international law was brought in to allow those without deep pockets to challenge companies and governments they believe are breaking green laws.

However, it is causing big frustration in government.

Even some in the environmental movement believe it is being abused.

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Modern lawfare

Campaigners who use it, however, say it is a vital tool to hold ministers to their green targets.

Many of the cases are brought by specialist human rights and environmentalist law firm Leigh Day, whose lead environmental lawyer told Sky News the convention “is extremely important to every claimant who’s bringing an environmental case in this country”.

These cases leave the taxpayer facing bills of millions of pounds, and developer costs reaching into the hundreds of millions because of delays to building work.

A source in Number 10 said the prime minister is personally affronted by this sort of use of the law, and it has been labelled “lawfare” – a derogatory term which means using the legal system to the detriment of one’s opponents.

Andrew Boswell was identified by the prime minister as one of the country's "NIMBYs and zealots" because of his legal challenges
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Andrew Boswell was identified by the prime minister as one of the country’s ‘NIMBYs and zealots’ because of his legal challenges


This week, a computer scientist and former Norfolk councillor is in court once more challenging the first carbon capture storage project on a gas-fired power station, which is due to be built on Teesside.

Andrew Boswell was the subject of a personal attack by the prime minister in the Daily Mail, who identified him as one of the “NIMBYs and zealots” for his legal challenges – including road schemes.

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Sky News took Mr Boswell to the site where building of the project, which is majority-run by BP, is due to take place once the court challenges are complete.

He said he was challenging the project on the grounds it would break the government’s promises to adhere to carbon budgets under the Climate Change Act.

“People would be very surprised to hear they’re going to build a gas-fired power station here,” he said.

“They are going to put carbon capture and storage on it. But our analysis is that actually is not a good solution environmentally.”

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PM to invest £22bn in carbon capture

‘We are holding the government to account’

Mr Boswell has so far lost the cases he has brought, and Sky News understands the delays to this project are costing £100m every three months.

Asked if this made him reconsider his decision to challenge the project, he said: “We are holding the government to account.”

Some say cases brought under the Aarhus Convention leave developers facing hundreds of millions of pounds in bills because of delays
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Cases brought under the Aarhus Convention leave developers facing bills of hundreds of millions of pounds because of delays

“The point is we have laws in this country, and we have a Climate Change Act, which we’re legally enshrined to meet, and government ministers have been making decisions which aren’t consistent with that,” he added.

He said he and other environmental activists would not be able to bring such cases in the event that the Aarhus convention did not get the taxpayer to pay most of the costs against them in the event the case is unsuccessful.

“It would be very difficult for individual campaigners like myself and also the environmental groups and other groups who wish to go to court,” he told me.

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Projects of ‘huge significance’ being challenged

The law firm used by Mr Boswell, Leigh Day, brings several cases each year using the Aarhus Convention.

Carol Day from legal firm Leigh Day said around 80 cases a year are brought under the convention
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Carol Day from legal firm Leigh Day said around 80 cases a year are brought under the convention

Carol Day, from Leigh Day, said about 80 cases were brought to the High Court per year on environmental issues.

“That doesn’t sound like very many, but they are mostly very important projects of huge significance,” she said, with “enormous implications for the protection of the environment”.

A series of cases have been brought under the Aarhus Convention.

Mr Boswell himself took his case against proposed improvements to the A47 in Norfolk by National Highways all the way up to the Supreme Court.

In 2021, the Supreme Court overturned a block on Heathrow’s expansion, a challenge brought under the convention capping the losers’ costs at £10,000.

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Is expanding Heathrow good for Britain?

Activists point to the successful challenge by Sarah Finch.

Last year the challenge, by the self-employed writer resulted in a Supreme Court ruling that carbon emissions from burning fossil fuels should be factored into planning decisions.

The ruling has scotched an oil well near Gatwick and another near the village of Biscathorpe in Lincolnshire. The challenge would not have happened unless she knew her costs would be capped if she had lost.

Asked about whether it was right that millions of pounds of taxpayers’ money are going to lawyers fighting cases that effectively delay big infrastructure projects for years, she insisted there would be “no challenge” if the projects “were made lawfully”.

Teesside mayor Ben Houchen on the site where Teesworks is supposed to be built
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Teesside mayor Ben Houchen on the site where Teesworks is supposed to be built

‘We can’t get things done’

Ben Houchen, the Tory Teesside mayor, whose Teesworks site will host the carbon capture and storage gas power station, said the system must change.

“The system has gone so far,” he said, with “too many challenges”.

“We can’t get things done in this country. We have a democratically elected government that wants to deliver growth. It wants to deliver these types of investments. I’ve been elected on the promise of delivering these investments.”

Mr Houchen called for “fundamental reform” to help “stop these activists from being able to stop any sort of economic growth and investment that creates jobs”.

It appears Sir Keir Starmer agrees in principle. Whether he can reform an international treaty remains to be seen.

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3iQ’s Canadian Solana ETF selects Figment as staking provider

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3iQ’s Canadian Solana ETF selects Figment as staking provider

3iQ’s Canadian Solana ETF selects Figment as staking provider

Blockchain infrastructure provider Figment has been selected as the staking provider for 3iQ’s newly approved Solana exchange-traded fund (ETF), underscoring Canada’s continued efforts toward adoption of digital asset financial products.

Figment will enable institutional staking for the 3iQ Solana (SOL) Staking ETF, which launches on the Toronto Stock Exchange on April 16 under the ticker SOLQ, the companies said in a statement. In addition to 3iQ, Figment provides staking infrastructure solutions to more than 700 clients. 

The Ontario Securities Commission (OSC), a provincial regulator, green-lighted 3iQ’s SOL fund on April 14. The approval was also extended to other fund managers seeking to offer SOL ETFs, including Purpose, Evolve and CI.

As Bloomberg ETF analyst Eric Balchunas reported at the time, the funds are permitted to stake a portion of their SOL holdings through TD Bank, Canada’s second-largest financial institution by assets. 

3iQ’s Canadian Solana ETF selects Figment as staking provider

Source: Eric Balchunas

3iQ estimates that its SOL fund will provide yields of between 6% and 8%, according to its website

Related: Solana, XRP ETFs may attract billions in new investment — JPMorgan

3iQ leads Canadian crypto ETFs as US regulators drag their feet

As US regulators continue to consider various crypto-related fund offerings, Canada has been leading the curve in adoption going back to 2021. That was the year that 3iQ debuted its spot Bitcoin (BTC) ETF, which crossed $1 billion in net assets almost immediately. 

It would take nearly three more years before spot Bitcoin ETFs were approved in the United States. Like their Canadian counterparts, the US ETFs saw overwhelming success in their first year, generating more than $38 billion in net inflows.

In October 2023, 3iQ launched an ETF tied to Ether (ETH), giving investors direct access to the smart contract platform. Unlike the Ether ETFs that US regulators approved the following year, 3iQ’s fund offers staking rewards. 

As Cointelegraph recently reported, US regulators may be on the cusp of approving staking rewards after they authorized exchanges to list options contracts tied to ETH.

3iQ’s Canadian Solana ETF selects Figment as staking provider

Source: James Seyffart

Related: SEC delays staking decision for Grayscale ETH ETFs

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Ethena Labs exits German market following agreement with BaFin

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Ethena Labs exits German market following agreement with BaFin

Ethena Labs exits German market following agreement with BaFin

Synthetic stablecoin developer Ethena Labs is winding down its German operations less than a month after regulators identified “deficiencies” in its dollar-pegged USDe (USDE) stablecoin, signaling heightened scrutiny around crypto assets in Europe’s largest economy.

Ethena Labs reached an agreement with Germany’s Federal Financial Supervisory Authority, also known as BaFin, to cease all operations of its local subsidiary, Ethena GmbH, according to an April 15 announcement.

Germany, European Union, Stablecoin, MiCA

Source: Ethena Labs

As such, Ethena Labs “will no longer be pursuing MiCAR authorization in Germany,” the company said, referring to the Markets in Crypto-Assets Regulation.

The company reiterated that Ethena’s German subsidiary has not conducted any mint or redeem activity for USDe since March 21, the day BaFin halted the stablecoin’s activities. As Cointelegraph reported at the time, the German regulator identified compliance failures and potential securities law violations tied to USDe.

“All whitelisted mint and redeem users previously interacting with Ethena GmbH have at their request been onboarded with Ethena (BVI) Limited instead and have no ongoing relationship with Ethena GmbH whatsoever,” the company said.  

Unlike popular stablecoins USDt (USDT) and USDC (USDC), Ethena’s USDe maintains its dollar peg through an automated delta-hedging strategy that includes a combination of spot holdings, onchain custody and liquidity buffers.  

USDe is the fourth-largest stablecoin with a total circulating value of $4.9 billion, according to CoinMarketCap.

Germany, European Union, Stablecoin, MiCA

The $233-billion stablecoin market is dominated by USDT and USDC. Source: CoinMarketCap

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MiCA tightens the noose around stablecoin usage

MiCA is a comprehensive framework for cryptocurrency usage across the European Union, enforcing strict compliance standards and consumer protections.

To meet the new requirements, stablecoin issuers must have adequate reserves backing their tokens, ensure reserve assets are segregated from users’ assets and fulfill regular reporting obligations.

As of February, 10 stablecoin issuers have been approved under MiCA, including Circle, Crypto.com, Societe Generale and Membrane Finance.

Patrick Hansen, Circle’s senior director of EU strategy and policy, told Cointelegraph that a total of 10 euro-pegged stablecoins and five US dollar-pegged stablecoins have been approved so far.

However, notably absent from the list is USDt issuer Tether, which has decided not to pursue MiCA registration at this time.

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Crypto’s debanking problem persists despite new regulations

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Crypto’s debanking problem persists despite new regulations

Crypto’s debanking problem persists despite new regulations

The crypto industry’s inability to access banking services still concerns many industry observers despite recent policy victories.

In past years, financial services firms and banks concerned about fiduciary risk, reporting liabilities and reputational risk often would refuse to offer service to crypto firms — i.e., “debanking” them. 

Legislative efforts in the United States and Australia are attempting to remove these barriers for the crypto industry. In the former, legislators repealed guidelines that made it difficult for banks to custody crypto assets, as well as those stating that crypto carried “reputational risk” for banks. In the latter, the Labor Party has introduced a bill to create a legal framework for crypto, giving banks the clarity they need to interact with the crypto industry.

Despite these tangible efforts, some crypto industry observers say that the crypto’s debanking problem is far from over. 

Crypto’s debanking problem persists despite new regulations

US crypto execs say debanking is still an issue 

The crypto industry has long decried “Operation Chokepoint 2.0,” its nickname for a suite of policies that they claim constrained the crypto industry from growing under the administration of former President Joe Biden. Among these were measures making it more difficult for crypto firms to access banking services. 

The early days of the second administration of President Donald Trump have seen many of these repealed or changed. One of the first was the repeal of Staff Accounting Bulletin 121, which required banks offering custody for customers’ cryptocurrencies to list them as liabilities on their balance sheets — this made it very difficult for banks to justify offering such services.

The administration also appointed a new head of the Office of the Comptroller of the Currency (OCC), Rodney Hood. Dennis Porter, CEO of the Bitcoin-focused policy organization Satoshi Action, told Cointelegraph that under Hood’s tenure, the OCC has already said banks can offer crypto-related services like custody, stablecoin reserves and blockchain participation.

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“This opens the door for broader adoption of digital asset technology and custodial services by traditional financial institutions, signaling a major shift in how banks engage with crypto,” he said.

Despite these victories, Caitlin Long, founder and CEO of Custodia Bank, said on March 21 that debanking is likely to remain a problem for crypto firms into 2026.

Long said the non-partisan board of governors of the Federal Reserve is “still controlled by Democrats,” alluding to Democrats’ more skeptical stance on crypto. Long claimed that “there are two crypto-friendly banks under examination by the Fed right now, and an army of examiners was sent into these banks, including the examiners from Washington, a literal army just smothering the banks.”

Long noted that Trump won’t be able to appoint a new Fed governor until January, meaning that, while other agencies may be more crypto-friendly, there are still roadblocks. 

Australia’s Labor Party to create crypto framework

Stand With Crypto, the “grassroots” crypto advocacy organization started by Coinbase that has spread to the US, UK, Canada and Australia, said that “in Australia, debanking is quietly shutting out innovators and entrepreneurs — particularly in the crypto and blockchain space.”

In a post on X, the organization claimed that debanking results in “reputational damage, loss of revenue, increased operational costs, and inability to launch or sustain services.” It also claimed that it forces some companies to move offshore. 

In response to these concerns, the ruling center-left Labor Party in Australia has proposed a new set of laws for the cryptocurrency industry. The changes to current financial services law seek to tackle the issue of debanking in the country’s cryptocurrency industry.

Crypto’s debanking problem persists despite new regulations

Australia’s Treasury says its new crypto regulations have four priorities. Source: Australian Department of the Treasury

Edward Carroll, head of global markets and corporate finance at MHC Digital Group — an Australian crypto platform — told Cointelegraph that in Australia, debanking decisions were “not the result of regulatory directives.”

“Rather, they appear to stem from a more general sense of risk aversion due to the current lack of a clear regulatory framework.”

Related: US gov’t actions give clue about upcoming crypto regulation

Carroll was optimistic about the Labor Party’s proactive stance. The major political parties were “showing a shift in sentiment and a shared commitment to establishing formal crypto regulation.” 

“We are hopeful that this will give banks the confidence to reengage with crypto businesses that meet compliance standards,” he said.

Canada unlikely to relieve crypto firms

In Canada, “debanking remains a serious and ongoing challenge for the Canadian crypto industry,” according to Morva Rohani, executive director of the Canadian Web3 Council.

“While some firms have successfully established relationships with banking partners, many continue to face account closures or denials with little explanation or recourse,” she told Cointelegraph. 

While debanking actions aren’t explicit, financial institutions’ interpretation of Anti-Money Laundering and Know Your Customer regulations “creates a risk-averse environment where banks weigh compliance and reputational concerns against the relatively low revenue potential of crypto clients.”

The end result, per Rohani, is a systemic debanking problem for the digital assets industry.

But unlike in the US and Australia, the Canadian crypto industry may not find relief anytime soon. Prime Minister Mark Carney, whose more crypto-skeptic Liberal Party is surging in the polls ahead of the April 28 snap elections, is himself a crypto-skeptic.

Crypto’s debanking problem persists despite new regulations

Polls show Carney firmly in the lead. Source: Ipsos

Carney has stated that the future of money lies more in a “central bank stablecoin,” otherwise referred to as a central bank digital currency.

Rohani said that “no comprehensive legislative solution has been implemented” with regard to debanking. “A more structured approach, including mandated disclosure of reasons for account termination and regulatory oversight, is needed,” she said.

Critics claim crypto is “hijacking” the debanking issue

There is another side to the debanking debate, which claims that crypto’s debanking “problem” is a non-issue or a vehicle for crypto firms to get what they want in terms of regulation. 

Molly White, the author of Web3 Is Going Just Great and the “Citation Needed” newsletter, has noted that, in the US at least, crypto firms have claimed to be victims of debanking while lauding Trump’s efforts to end protections for debanking at the same time.

In a Feb. 14 post, White stated that the crypto industry had “hijacked” the discussion around debanking, which contains legitimate concerns regarding access to financial services — particularly regarding discrimination due to race, religious identity or industry affiliation. 

She claims the crypto industry has used debanking as a means to deflect legitimate regulatory inquiries into crypto companies’ compliance efforts. 

Further of note is the fact that Coinbase CEO Brian Armstrong has applauded the efforts of the Department of Government Efficiency (DOGE), with Elon Musk at the helm, to dismantle the Consumer Financial Protection Bureau (CFPB).

One of the CFPB’s responsibilities is to investigate claims of debanking. But when DOGE instructed the agency to halt all work, Armstrong said it was “100% the right call,” in addition to making dubious claims about the agency’s constitutionality. 

Crypto’s debanking problem persists despite new regulations

In the meantime

Whether the industry’s debanking concerns stem from legitimate discrimination or an attempt at regulatory capture, crypto firms are developing solutions in the interim. 

Porter said that, as an alternative to banking services, “many crypto companies have leaned on stablecoins as a primary tool for managing finances,” while others have worked with “smaller regional banks or specialized trust companies open to digital assets.”

Rohani said that this kind of “patchwork of relationships” can increase operational costs and risks and are “not sustainable long-term solutions for growth or to build a competitive, regulated industry.”

Porter concluded that the banking workarounds could actually strengthen the industry’s position, stating that they may “continue evolving into fully integrated relationships with traditional financial institutions, further cementing crypto’s place in mainstream finance.”

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