For better road safety and air quality across the EU, the European Commission is proposing a comprehensive overhaul of the EU's road safety and vehicle registration rules....more
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 15, 2025, the EU Commission published a new Guidance Document, new frequently asked questions (FAQs), and a proposal for a new Delegated Act designed to simplify the compliance with the EU Deforestation Regulation...more
4/18/2025
/ Due Diligence ,
Environmental Policies ,
EU ,
European Commission ,
Forestry ,
Imports ,
New Guidance ,
New Regulations ,
Regulatory Reform ,
Supply Chain ,
Sustainability
The European Commission hosted an event on April 10 on “Implementation Dialogue on Environmental Assessments and Permitting”. The purpose of these types of meetings is to simplify and reduce regulatory and administrative...more
4/15/2025
/ Constitutional Challenges ,
Energy Projects ,
Environmental Policies ,
EU ,
European Commission ,
France ,
Infrastructure ,
NGOs ,
Permits ,
Regulatory Reform ,
Renewable Energy
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 parallel to the proposed “Omnibus”, which will likely revise the 2020 Taxonomy Regulation, the EU Platform on Sustainable Finance just issued a 397-page report recommending revisions to the technical screening criteria of...more
Chemical recycling of plastic is at a turning point in Europe, with several large projects poised to start but still facing regulatory and market challenges. As highlighted in the study recently published by consultants...more
4/3/2025
/ Environmental Policies ,
EU ,
New Legislation ,
Plastics ,
Public Health ,
Recycling ,
Regulatory Oversight ,
Regulatory Requirements ,
Supply Chain ,
Sustainability ,
Waste Management
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
On November 27, 2024, the European Union ("EU") adopted Regulation (EU) 2024/3012 establishing a Union certification framework for permanent carbon removals, carbon farming, and carbon storage in products (the "Carbon Removal...more
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
On January 1, 2025, the new emission targets set out by Regulation (EU) 2023/851 of April 19, 2023 and Regulation (EU) 2019/631 of April 17, 2019 for passenger cars and light commercial vehicles will enter into force in the...more
The EU's new Forced Labour Regulation supplements a broad range of other legislative acts to fight forced labor....more
The Situation: On June 20, 2024, the UK Supreme Court handed down a landmark decision in R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents) [2024]...more
7/19/2024
/ Climate Change ,
Energy Projects ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
EU ,
Greenhouse Gas Emissions ,
Oil & Gas ,
Popular ,
UK ,
UK Supreme Court ,
Urban Planning & Development
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 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
REGULATORY ISSUES & UPDATES -
Mandatory Climate Change Reporting Requirements Under the New European ESRS E1 -
The implementation of the European Sustainability Reporting Standards poses risks for reporting companies,...more
12/5/2023
/ Clean Water Act ,
Climate Action Plan ,
Climate Change ,
Data Protection ,
Disclosure Requirements ,
Environmental Protection Agency (EPA) ,
EU ,
European Commission ,
Federal Agency Taskforce ,
Green Initiatives ,
Greenhouse Gas Emissions ,
NEPA ,
Net Zero ,
Reporting Requirements ,
Risk Management ,
SFDR ,
State and Local Government ,
Sustainability ,
Taxonomy ,
U.S. Treasury ,
UK
As part of the Fit for 55 Package of the EU Green Deal, the EU Carbon Border Adjustment Mechanism("CBAM"), adopted through Regulation (EU) 2023/956 of May 10, 2023, is considered by the EU institutions as a key tool to become...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
REGULATORY ISSUES & UPDATES -
New CFTC Enforcement on Carbon Markets Misconduct -
The U.S. CFTC publishes a rare alert soliciting tips about potential manipulation in the carbon markets and announces the formation of...more
8/18/2023
/ Airlines ,
CARB ,
CFTC ,
Climate Change ,
Environmental Protection Agency (EPA) ,
EU ,
Greenhouse Gas Emissions ,
Greenwashing ,
HFC Emissions ,
Shareholder Litigation ,
UK
In Short -
The Situation: The European Union ("EU") has adopted a new regulation designed to tackle deforestation and forest degradation in the EU and globally by preventing European citizens from buying, using, and...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
On December 13, 2022, the European Parliament and the Council of the EU reached a provisional agreement on the implementation of the EU Carbon Adjustment Mechanism ("CBAM"), the mechanism designed to complement the European...more
In Short -
The Situation: The transition to the new so-called Medical Device Regulation ("MDR") and In Vitro Diagnostic Regulation ("IVDR"), which establish new rules for the placing on the market of medical devices...more