On Oct. 2, 2024, the Commodity Futures Trading Commission (CFTC), U.S. Department of Justice (DOJ) and U.S. Securities and Exchange Commission (SEC) announced parallel actions against CQC Impact Investors LLC (CQC or the...more
10/9/2024
/ Carbon Emissions ,
CFTC ,
Commodity Exchange Act (CEA) ,
Cooperation Agreement ,
Corporate Officers ,
Declination ,
Department of Justice (DOJ) ,
Energy Projects ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Fraud ,
Greenhouse Gas Emissions ,
Misrepresentation ,
Offsets ,
Securities and Exchange Commission (SEC) ,
Settlement
The Commodity Futures Trading Commission (CFTC) on Sept. 20, 2024, finalized guidance (the Final Guidance) regarding the listing of voluntary carbon credit (VCC) derivatives on CFTC‑regulated exchanges. The CFTC previously...more
In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Alex Holtan and Andy Kriha shine a light on all things carbon markets, both voluntary and...more
The Commodity Futures Trading Commission (CFTC) has issued a request for comment (RFC) seeking public input on the use of artificial intelligence (AI) in CFTC-regulated markets. The RFC – distributed jointly by the CFTC's...more
2/27/2024
/ Artificial Intelligence ,
Automation Systems ,
Biden Administration ,
Brokers ,
CFTC ,
Comment Period ,
Commodities ,
Commodity Exchange Act (CEA) ,
CPOs ,
Derivatives ,
Derivatives Clearing Organizations ,
Executive Orders ,
Innovative Technology ,
Machine Learning ,
Market Participants ,
Swap Dealers
The International Swaps and Derivatives Association (ISDA) has published a new ISDA SLD Clause Library (SLD Provisions) containing standardized clauses and definitions for use in sustainability-linked derivatives (SLDs). The...more
The Commodity Futures Trading Commission (CFTC) issued proposed guidance (the Proposed Guidance) regarding the listing of voluntary carbon credit (VCC) derivatives on CFTC-regulated exchanges on Dec. 4, 2023. The CFTC's goal...more
12/13/2023
/ Carbon Off-Set Credits ,
CFTC ,
Comment Period ,
Corporate Governance ,
Derivatives ,
Environmental Claims ,
Greenhouse Gas Emissions ,
Greenwashing ,
Proposed Guidance ,
Regulatory Oversight ,
Securities Exchanges ,
Transparency
This episode of the "Eyes on Washington" podcast series by Holland & Knight's Public Policy & Regulation Group is presented by attorneys Halley Townsend, Andy Kriha and Alex Holtan of the firm's Greenwashing Mitigation Team....more
The Federal Trade Commission (FTC) and Commodity Futures Trading Commission (CFTC) have recently and aggressively signaled their intent to ramp up enforcement activity regarding the use of carbon offsets to make environmental...more
8/16/2023
/ Carbon Off-Set Credits ,
CFTC ,
Climate Change ,
Commodities ,
Corporate Governance ,
Corporate Misconduct ,
Enforcement Authority ,
Enforcement Priorities ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Fraud ,
Green Guides ,
Greenhouse Gas Emissions ,
Greenwashing ,
Marketing ,
Unfair or Deceptive Trade Practices ,
Whistleblowers
The U.S. Supreme Court on June 30, 2023, agreed to hear the case of SEC v. Jarkesy.1 The case is an appeal of a U.S. Court of Appeals for the Fifth Circuit decision that held that the U.S. Securities and Exchange Commission's...more
7/6/2023
/ Administrative Agencies ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article I ,
Constitutional Challenges ,
Environmental Protection Agency (EPA) ,
Federal Trade Commission (FTC) ,
Non-Delegation Doctrine ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Seventh Amendment
For the first time since 2012, the Federal Trade Commission (FTC or Commission) is actively evaluating potential updates to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides) to provide clarity...more
6/30/2023
/ Advertising ,
Carbon Off-Set Credits ,
Climate Change ,
Environmental Claims ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Green Guides ,
Green Marketing ,
Greenwashing ,
Marketing ,
Recycling ,
Supply Chain ,
Sustainability ,
Sustainable Business Practices