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Environmental Social & Governance (ESG) Oil & Gas

K&L Gates LLP

June 2024 ESG Policy Update—Australia

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Australian Update - Australia and EU Enter Into Critical and Strategic Minerals Partnership - On 28 May 2024, Australia and the European Union (EU) signed a Memorandum of Understanding (MOU) for a bilateral partnership to...more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - June 2024 #4

In this week’s edition, we look at a report which sets out claims that some of the world’s largest financial institutions are greenwashing their Amazon-related ESG claims. In Switzerland, the European Court of Human Rights’...more

Katten Muchin Rosenman LLP

ESG Guidepost | Issue 14

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters....more

Opportune LLP

Asset-Backed Security Guide for Oil and Gas Financing

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Leveraging oil and gas assets for capital has become a strategic imperative for independent producers grappling with limited traditional financing options and economic volatility. Asset-backed securities (ABS) in the oil and...more

Mintz

Major European Bank Withdraws From Fossil Fuel Financing

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This week, “BNP Paribas SA, the European Union's biggest bank” stated that it “is no longer participating in conventional bond issuance for” “oil and gas producers.”  In essence, BNP Paribas has announced that it will cease...more

Mintz

Oklahoma Judge Temporarily Blocks Law Penalizing Companies Engaged in Fossil Fuel Boycott

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Earlier this week, a state court judge in Oklahoma issued a temporary restraining order that blocks--for now--enforcement of an Oklahoma law that deprives companies deemed to boycott the fossil fuel industry of the ability to...more

Vinson & Elkins LLP

Greenwashing and Plastics: Getting Ahead of the Upstream Risks

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Consumer packaged goods companies know that sustainability sells. And in their efforts to market their products as sustainable, they’ve long contended with allegations of greenwashing—the practice of claiming their products...more

Mintz

Oklahoma Treasurer Bans Additional Bank From State Business Due to ESG Policy

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The Oklahoma State Treasurer added yet another bank to its blacklist of companies that are barred from doing business with the State of Oklahoma due to a “boycott [of] the oil-and-gas industry.” According to a 2022 law,...more

K&L Gates LLP

Supreme Court Limits Shareholder Suits based on "Pure Omissions" in Corporate Disclosures

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On Friday, 12 April 2024, the United States Supreme Court unanimously ruled that a corporation’s failure to disclose certain information about its future business risks, without more, cannot form the basis of a private...more

Locke Lord LLP

Oil and Gas Company Lawyers: Navigating the ESG Landscape

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INTRODUCTION - For many years, oil and gas companies, or O&Gs, and their lawyers have been living with the environmental, social, and governance, or ESG, movement and its ever-increasing demands on the industry....more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - March 2024 - #2

Greenwashing Beef Production - On February 28, New York State Attorney General (NYAG) Letitia James filed a lawsuit with the New York Supreme Court against meat processing company JBS USA for misleading the public about its...more

Hinshaw & Culbertson LLP

U.S. EPA Grants Louisiana Primacy for Class VI Geologic Sequestration Wells: What's Next?

Recently, the United States Environmental Protection Agency ("EPA") signed a final rule granting the State of Louisiana's request for primary responsibility for the permitting, compliance, and enforcement of Class VI (deep...more

Gray Reed

What Happened at COP28?

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About the same as what happened at COP27. The 70,000+ fabulists, opportunists, and assorted acolytes comprising the congregation of the Church of Our Holy Mother of the Suffering Planet celebrated another high mass in,...more

Mintz

Oklahoma Encounters Practical Difficulties in Implementing anti-ESG Policies

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Last year, the State of Oklahoma enacted a law that “requires the state to stop doing business with financial companies that ‘boycott’ the oil-and-gas industry.”  However, as reported by the Wall Street Journal, “officials...more

ArentFox Schiff

ESG Litigation Update: Hawaii Supreme Court Allows Petroleum Industry Climate Case to Proceed

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A recent Supreme Court of the State of Hawaii decision permitted climate-related claims against major petroleum and gas companies to proceed toward trial. The decision in City and County of Honolulu v. Sunoco LP allows...more

Oliva Gibbs LLP

ESG Deception or Overreach – Understanding the Landscape of Greenwashing Litigation

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In addition to the risk of regulatory enforcement actions and penalties, the court system continues to be used as a battleground for climate issues through litigation against oil and gas (“O&G”) companies....more

Troutman Pepper

New York’s Spill Reporting Revisions Could Significantly Impact Environmental Due Diligence

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In June 2023, the New York State Department of Environmental Conservation (NYSDEC) adopted revisions to its petroleum bulk storage regulations 6 NYCRR Part 613. The amended regulations become effective on October 17....more

Cadwalader, Wickersham & Taft LLP

EU-Based Asset Managers Press J-Power on GHG Emissions Targets and Disclosures, Signaling Shift in Focus to Japan

In May 2023, the shareholder advocacy group Australasian Centre for Corporate Responsibility (ACCR), HSBC Global Asset Management (UK) Limited and Amundi Asset Management filed shareholder resolutions pressing Japanese power...more

Cadwalader, Wickersham & Taft LLP

Greenpeace Sues European Commission Over Inclusion of Gas and Nuclear in EU Taxonomy

On April 18, 2023, eight Greenpeace organizations (the organizations) filed a lawsuit against the European Commission at the European Court of Justice following the Commission’s inclusion of natural gas and nuclear energy in...more

Cadwalader, Wickersham & Taft LLP

TotalEnergies Sues Greenpeace Over Greenwashing Allegations

On April 28, 2023, French multi-national energy company TotalEnergies filed a civil action in France against environmental activist group Greenpeace France and climate consulting group Factor-X alleging that a report issued...more

Cadwalader, Wickersham & Taft LLP

Increased Investor Pressure for More Ambitious Climate Pledges Ahead of AGMs

In early April, the climate activist shareholder group, Follow This, filed shareholder resolutions seeking stronger energy transition strategies from several oil “super-majors.” The resolutions have been filed in advance of...more

Cadwalader, Wickersham & Taft LLP

State Legislative Developments: Oklahoma and West Virginia

On March 21, 2023 the Oklahoma House of Representatives passed House Bill 2547, which claims to be “designed to continue protections of state pension funds from strategies that would be harmful to the state’s energy...more

Akin Gump Strauss Hauer & Feld LLP

Climate Policy Update - March 2023

President Biden issued his first veto to reject a Congressional Review Act measure to shoot down the Department of Labor’s environmental, social, and governance-related (ESG) rule. Governors are also pushing back on the Biden...more

Bracewell LLP

The 2023 AIEN Model Form JOA Placing ESG issues at the heart of oil and gas operations

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On 16 February 2023, the Association of International Energy Negotiators (“AIEN”, formerly the Association of International Petroleum Negotiators or AIPN) published an updated version of its model form joint operating...more

Cadwalader, Wickersham & Taft LLP

Investors Pressure European Banks to End Financing for New Oil and Gas Fields

On February 7, a group of 30 investors, representing over $1.5 trillion of assets under management, wrote to the CEOs and board chairs of five major European banks “urging them to stop directly financing new oil and gas...more

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