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 Situation: The UK Competition and Markets Authority ("CMA") recently secured undertakings from fashion brands ASOS, Boohoo, and George at Asda to address allegedly misleading environmental claims. The CMA has also...more
5/22/2024
/ Advertising ,
Advertising Standards Authority ,
Competition ,
Corporate Counsel ,
Environmental Claims ,
Environmental Policies ,
EU ,
Federal Trade Commission (FTC) ,
FTC Act ,
Green Energy ,
Greenwashing ,
Section 5 ,
UK ,
UK Competition and Markets Authority (CMA)
The European Commission ("Commission") adopted an Industrial Carbon Management Communication ("Communication") on 6 February 2024, outlining the Commission's ambitions for a strategy to boost the deployment of technologies in...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
In Short -
The Situation: A new set of measures has been adopted in France which will promote "Green Industry" by streamlining environmental and industrial authorization and supporting low-carbon industrialization...more
11/3/2023
/ Climate Action Plan ,
Construction Project ,
Environmental Policies ,
France ,
Green Buildings ,
Green Infrastructure ,
Industrial Sector ,
Industrial Space ,
New Regulations ,
Permits ,
Real Estate Development ,
Real Estate Investments ,
Regulatory Reform ,
Regulatory Requirements ,
Urban Planning & Development
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
For more than a decade, environmental groups have accused airlines of "greenwashing" or misrepresenting the sustainability of their business operations. Now these claims are gaining traction around the globe. These groups...more
New PFAS threshold values applicable to soil testing will start on August 1, 2023.
PFAS (per- and polyfluoroalkyl substances) constitute a group of thousands of synthetic chemicals that are widely used in various consumer...more
"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: 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
Incoming: Mandatory Climate Risk Disclosures in Australia -
The Climate-Related Financial Disclosure Consultation Paper proposes that, commencing with the 2024/2025 financial year, large, listed entities and large...more
Nearly every board of a publicly traded company in the European Union, United Kingdom, or United States will have considered and, for most, reported on ESG matters. And it is not just public companies. In what has been little...more
California Enacts Sweeping Climate Measures -
On September 16, 2022, California Governor Gavin Newsom signed a broad legislative package into law that aims to aggressively address climate change. The material aspects of...more
The European Parliament has adopted the near-final version of the Corporate Sustainability Reporting Directive under which European Union ("EU") companies (including non-EU companies with substantial business activity in the...more
In Short -
The Situation: The European Commission ("EC") is expected to release guidelines regarding a newly introduced exemption to the EU antitrust rules for certain agreements aimed at achieving the EU's sustainability...more
To anticipate the risk of a complete halt, or further substantial reduction, of Russian gas supplies in the near future, Member States of the EU have agreed to reduce their gas consumption by 15% between 1 August 2022 and 31...more
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
EU rules prohibit "State aid," unless the Commission authorizes the aid as compatible with the EU Treaties. State aid is a Member State funding measure imputable to the State and financed through State resources that benefits...more
2/14/2022
/ Climate Action Plan ,
Corporate Financing ,
Corporate Governance ,
Environmental Justice ,
EU ,
European Commission ,
Green Deal ,
Greenhouse Gas Emissions ,
Nuclear Power ,
Pollution Control ,
State Aid
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
Lawmakers must amend the German Climate Change Act to protect fundamental rights of future generations.
In a ruling announced on April 29, 2021, the German Federal Constitutional Court ("Court") delivered a groundbreaking...more
Intensifying demands from regulators, investors, and the public for attention to environmental, social, and governance ("ESG") considerations presents a key challenge for risk managers, particularly those in the financial...more
The Ruling: On May 26, 2021, the Hague District Court ("Court") issued a ruling ordering Royal Dutch Shell Plc ("RDS"), the parent company of the Shell group with its registered office in the Netherlands, to ensure that the...more