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COP29: Pathway to a Global Carbon Market

The Conference of the Parties (COP), the decision-making body responsible for monitoring and reviewing the implementation of the United Nations Framework Convention on Climate Change (UNFCCC), has just wrapped up its meetings...more

The 2024 US Election: What’s Next for ESG in the Corporate Legal Landscape?

The 2024 US election results are likely to reshape the regulatory landscape for environmental, social, and governance (ESG) issues. Shifts in administrative priorities, coupled with ongoing litigation and regulatory...more

CFTC Takes First Enforcement Actions on Fraud in Voluntary Carbon Markets

The Commodity Futures Trading Commission (CFTC) announced its first actions for fraud in the voluntary carbon markets (VCMs) on October 2, 2024. These enforcement actions demonstrate the CFTC’s continued focus on the...more

CFTC Issues Final Guidance on Listing Voluntary Carbon Credit Derivative Contracts

The Commodity Futures Trading Commission on September 20 issued final guidance aimed at strengthening market integrity, transparency, and liquidity for derivatives with underlying voluntary carbon credits (VCCs). The...more

FERC Orders 1920 and 1977: The Latest Evolution in Transmission Planning and Oversight

The US federal government’s evolving role in overseeing transmission development took another leap forward after the Federal Energy Regulatory Commission (FERC) issued Orders 1920 and 1977, two new rules that mark FERC’s...more

Countdown to (Net) Zero: Aviation Industry Aims for Total Carbon Removal by 2050

The International Air Transport Association (IATA) and its more than 300 airline members have committed to achieving net-zero carbon emissions by 2050, a goal largely driven by the industry’s use and investment in sustainable...more

Government Releases 7 Principles Addressing High-Integrity Voluntary Carbon Markets

The Biden administration released the Voluntary Carbon Markets Joint Policy Statement and Principles on May 28, 2024, which outlines principles for adoption to build high-integrity voluntary carbon markets (VCMs). This VCM...more

EU Investigation of Potential Airline Greenwashing Practices Underscores Risk to Global Aviation Industry

The European Commission and European consumer authorities announced that on April 30, 2024, they sent letters to 20 airlines alleging potentially misleading green claims and asking them to conform to EU consumer law within 30...more

Charging Ahead: Top Issues and Opportunities Facing the EV Industry

Electric vehicles (EVs) will make up a significant portion of new light-duty personal vehicles sold over the next decade. Despite recent media coverage depicting EVs as floundering novelties akin to the Bricklin or DeLorean,...more

SEC’s Climate Disclosure Rules: Balancing Compliance Amid Legal Uncertainty

The US Securities and Exchange Commission (SEC) completed a historic rulemaking on March 6, 2024 by adopting new rules requiring public companies to disclose certain climate-related information in registration statements and...more

Grants Power Up EV Adoption, but Compliance Requirements Remain

Thanks to the 2021 Bipartisan Infrastructure Law, billions of dollars of government funding are available for electric vehicle (EV) charging projects as part of an effort to supercharge EV adoption in the United States. Two...more

The Trends—and Traps—that Will Shape 2024

At a time marked by themes of “push” and “pull,” organizations across all sectors and jurisdictions are grappling with the pursuit of innovation within an increasingly complex regulatory framework. Over the next 12 months,...more

Innovation, Regulation, and Litigation - The Automotive Industry’s Road to 2024

The automotive industry as we know it is rapidly transforming. From the proliferation of electric transportation and technological leaps in vehicle automation to increasingly complex regulations and expanding class action...more

CFTC to Exercise Its Jurisdictional Hook: Regulating Voluntary Carbon Markets via Futures Exchanges Oversight

The Commodity Futures Trading Commission (CFTC) issued proposed guidance on December 4 intended to increase the transparency and bolster the integrity of voluntary carbon credits that underlie derivative contracts subject to...more

2023 FERC Enforcement Report: Continued Focus on Fraud, Manipulation, Market Integrity

The US Federal Energy Regulatory Commission (FERC or Commission) has released its annual report on enforcement for fiscal year 2023. As in fiscal year 2022, FERC’s Office of Enforcement (OE) focused on matters involving fraud...more

Legal Lessons Learned from Recent World Cups

The 2022 Men’s World Cup in Qatar and the 2023 Women’s World Cup in Australia and New Zealand set new standards for sustainability, human rights, and sponsorships—and with those new standards come new challenges....more

CFTC 2023 Enforcement Report Shows Uptick in Enforcement Actions

The Commodity Futures Trading Commission (CFTC or Commission) released its enforcement results for fiscal year 2023 on November 7, 2023. The CFTC’s Division of Enforcement filed 96 enforcement actions in 2023 charging a range...more

Voluntary Carbon Market Disclosures Act Compliance Deadline Approaches

The compliance deadline for the Voluntary Carbon Market Disclosures Act (VCMDA) is quickly approaching, but the statutory language of the VCMDA leaves open for interpretation several key issues, including threshold...more

New Disclosure Obligations for Businesses Transacting Carbon Offsets in California

California Governor Gavin Newsom signed the Voluntary Carbon Markets Disclosures Act (VCMDA) on October 7, imposing disclosure obligations on businesses that market, sell, or purchase voluntary carbon offsets in California...more

Restaurant and Food Service Establishments - Opportunities and Considerations Heading Into 2024

RESTAURANTS AND FOOD SERVICE ESTABLISHMENTS: OPPORTUNITIES AND CONSIDERATIONS HEADING INTO 2024 - From a new employment trend to the advantages and risks of technology to an emerging area of class action litigation to a...more

Standard-Setting Agency Seeks Comment on Cybersecurity Framework for EV Charging

Electric vehicle (EV) charging relies on a complex ecosystem involving multiple entities, including utility operators, third-party data network providers, charging infrastructure owners, and the EVs themselves. The high...more

CFTC to Police Carbon Markets Through Newly Created Task Force

The Commodity Futures Trading Commission’s (CFTC’s) Division of Enforcement announced that it has established a new task force—the Environmental Fraud Task Force—to combat environmental fraud and misconduct in derivatives and...more

CFTC to Hold Second Voluntary Carbon Markets Convening on July 19

One week after the Commodity Futures Trading Commission’s (CFTC) Whistleblower Office issued an alert seeking tips on potential fraud and manipulation in the carbon markets, the CFTC chairman announced that the second...more

From Hydrogen to Cybersecurity: Trends Driving the Automotive & Mobility Industry

In May 2023, the Automotive & Mobility Industry Group at Morgan Lewis was invited to the State of Michigan by leaders of the Office of Future Mobility and Electrification for a series of meetings that provided unparalleled...more

Key Legal Considerations for Electric Vehicle and Hydrogen Fueling Infrastructure

Electric vehicles (EVs) and hydrogen fuel cell vehicles will be key players in the nationwide and industrywide effort to cut emissions. The industry has been focused on battery electrification for light-duty vehicles and the...more

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