Just as the European institutions adopted a Stop The Clock before a deep dive on Omnibus provisions, a coalition of NGOs filed a formal complaint on April 18, 2025, with the European Ombudsman. They claim the European...more
4/21/2025
/ Climate Change ,
Corporate Governance ,
Corporate Sustainability Reporting Directive (CSRD) ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
NGOs ,
Regulatory Reform ,
Rulemaking Process ,
Sustainability ,
Taxonomy ,
Transparency
On April 3, 2025, the European Parliament adopted, by an overwhelming majority, a Directive that would “stop the clock” on certain reporting requirements under the EU Corporate Sustainability Reporting Directive (CSRD), as...more
In its meeting of March 20, 2025, the European Council expressed its support of the so-called Omnibus Package proposed by the European Commission on February 26, 2025. The Omnibus Package includes significant changes to EU...more
3/31/2025
/ Corporate Governance ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
European Parliament ,
Regulatory Reform ,
Reporting Requirements ,
Sustainability ,
Sustainable Finance
New Carbon Removal Certification Framework in Europe -
A voluntary certification framework adopted by the EU aims to enhance the credibility and transparency of carbon removal activities within the EU to support its...more
3/27/2025
/ Carbon Emissions ,
Climate Change ,
Energy Policy ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
EU ,
Executive Orders ,
Greenwashing ,
Proposed Rules ,
Regulatory Reform ,
Regulatory Requirements ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Sustainability ,
Trump Administration
The European Union published its long-awaited "Omnibus" package, proposing to delay key European ESG rules, while simultaneously reducing the applicability and burden of corporate sustainability reporting and due diligence...more
2/27/2025
/ Carbon Emissions ,
Corporate Governance ,
Corporate Sustainability Reporting Directive (CSRD) ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
Investors ,
Omnibus Guidance ,
Regulatory Requirements ,
Sustainability
New ESG regulations are expected to have a significant impact on disclosure and governance obligations for EU and non-EU companies alike, including extensive sustainability reporting and due diligence requirements on...more
12/11/2024
/ Carbon Emissions ,
Climate Action Plan ,
Climate Change ,
Coal Mines ,
Energy Policy ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Hague Convention ,
Infrastructure ,
Pollution Control ,
Shell Oil
The Paris Judicial Court has established a new division to handle disputes related to the Duty of Vigilance Act....more
REGULATORY ISSUES & UPDATES -
Update on Australia's New Climate-Related Financial Disclosure Regime -
Australia's mandatory climate-related financial disclosure regime is inching closer to implementation after the proposed...more
9/23/2024
/ Clean Air Act ,
Clean Energy ,
Climate Change ,
Disclosure Requirements ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Popular ,
Tax Credits
The Context: Litigation over State obligations to mitigate climate change intensifies globally, with NGOs and individuals pressuring corporations to cut emissions. The European Court of Human Rights ("ECtHR") issued three...more
The Council of the European Union ("EU") approved the Corporate Sustainability Due Diligence Directive ("CS3D") on March 15, 2024. The CS3D contains due diligence and governance obligations that will have an extensive impact...more
3/20/2024
/ Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
EU Directive ,
European Commission ,
Financial Institutions ,
Green Deal ,
Regulatory Agenda ,
Reporting Requirements ,
Risk Assessment ,
Sustainability
The U.S. Securities and Exchange Commission has adopted much anticipated climate-related disclosure rules....more
3/18/2024
/ Climate Change ,
Disclosure Requirements ,
Emissions Trading System ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Federal Highway Administration ,
Financial Institutions ,
Green Buildings ,
Green Energy ,
Green Infrastructure ,
Greenhouse Gas Emissions ,
Greenwashing ,
Proposed Rules ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
UK
The Council of Europe and the European Parliament announced on December 14, 2023, that they reached a political agreement on the text of the upcoming European Union ("EU") Corporate Sustainability Due Diligence Directive...more
The EU’s Corporate Sustainability Reporting Directive (“CSRD”) requires the most detailed and onerous ESG reporting and disclosures anywhere in the world. All told, it is estimated that more than 50,000 companies, including...more
9/21/2023
/ Air Pollution ,
Biodiversity ,
Climate Change ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
Parent Corporation ,
Proposed Regulation ,
Proposed Rules ,
Sustainability ,
Water
"Green Day" in the UK -
As part of its "Powering Up Britain" strategy, the UK government has published a series of documents setting out its vision for the UK's transition to net zero and the strengthening of UK energy...more
In Short -
The Situation: Both the United Kingdom and European Union have recently announced proposals to introduce new legal instruments which address alleged greenwashing. When implemented, such legislation would...more
REGULATORY ISSUES & UPDATES -
UK Introduces New Climate-Related Disclosure Regulations for UK Companies and LLPs -
The Companies (Strategic Report) (Climate-related Financial Disclosure) Regulations 2022 ("the...more
6/1/2022
/ Biden Administration ,
Climate Action Plan ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Energy Reform ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC)
On 15 March 2022, ClientEarth announced that it had written to Shell's board of directors informing them of its intent to bring a claim on behalf of the company for the board's failure to implement a Paris Agreement compliant...more
3/22/2022
/ Board of Directors ,
Breach of Duty ,
Carbon Emissions ,
Climate Action Plan ,
Climate Change ,
Corporate Counsel ,
Derivative Suit ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Failure to Comply ,
Global Disputes ,
NGOs ,
Oil & Gas ,
Paris Agreement ,
Shareholder Demands ,
Shell Oil ,
UK Companies Acts
The delegated regulation includes a new comprehensive and unified reporting methodology to direct investments toward environmentally sustainable economic activities....more
3/1/2022
/ Climate Action Plan ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
EU ,
Greenhouse Gas Emissions ,
Investment ,
Investor State Dispute Settlement (ISDS) ,
Net Zero ,
Real Estate Development ,
Regulatory Reform ,
Taxonomy
As of January 1, 2022, the first delegated acts adopted to supplement European Regulation (EU) 2020/852 of June 18, 2020 (the "Taxonomy Regulation") became applicable. The Taxonomy Regulation sets out a classification system...more
With the recently adopted SDDA, Germany joins France in imposing human rights and environmental due diligence obligations along international supply chains of large companies. The SDDA covers companies based in Germany with...more
8/20/2021
/ Corporate Governance ,
Corporate Social Responsibility ,
Due Diligence ,
Environmental Liability ,
Environmental Social & Governance (ESG) ,
EU ,
France ,
Germany ,
Human Rights ,
Risk Management ,
Risk-Based Approaches ,
Supply Chain
Climate Change Regulatory Issues & Updates -
Interim Update on Biden Administration Climate Change Initiatives -
The last edition of the Climate Report discussed President Biden's signing, on his first day in office,...more
On July 19, 2020, the Legal High Committee for Financial Markets of Paris ("HCJP") issued a report on social and environmental responsibility of companies and their managers under French law. This report was initiated based...more
Climate Change Regulatory Issues & Updates -
Trump Administration Plans Overhaul of NEPA Review Process
The proposed rule changes would considerably limit the scope of environmental reviews of planned energy and...more
3/9/2020
/ Clean Air Act ,
Climate Change ,
Deregulation ,
Energy Sector ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
NEPA ,
Power Purchase Agreements ,
Renewable Energy ,
Trump Administration