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Court Rules in California Climate Disclosure Case: Laws Remain in Flux

A year after California enacted some of the nation’s most sweeping climate disclosure laws, a United States District Court issued an important ruling related to one of several challenges to these laws. The district court...more

Federal Court Rules that Missouri Anti-ESG Rules Are Preempted by Federal Law and Are Unconstitutional

On August 14, 2024, the United States District Court for the Western District of Missouri declared unconstitutional two anti-ESG disclosure rules issued by the Missouri Securities Division and applicable to broker-dealers and...more

CFTC Faces Pressure on Voluntary Carbon Credit Derivative Contracts and Carbon Credit Trading

On July 31, 2024, nine Democratic lawmakers from the House and Senate wrote a letter to the Commodity Futures Trading Commission’s (“CFTC”) Chairman in support of the proposed guidance regarding the listing of voluntary...more

SEC Issues Final Rule on Climate Disclosures

In an open meeting on Wednesday, March 6, 2024, the Securities and Exchange Commission (“SEC”) approved in a 3-2 vote a Final Rule on climate disclosures that will “require registrants to provide certain climate-related...more

EU Legislators Reach Provisional Agreement on Corporate Sustainability Due Diligence Directive

After months of discussion – and years of development – on December 14, 2023, the European Council and the Parliament reached a provisional agreement on the Corporate Sustainability Due Diligence Directive (“CSDDD”). The...more

New California Law Imposes Anti-Greenwashing Disclosure Requirements Starting January 2024

While California’s Climate Accountability Package has received much recent attention, another California climate disclosure bill targeting corporate greenwashing was also signed into law on October 7, 2023, and its...more

The CFTC Announces New Enforcement Advisory – Penalties, Monitors, and Admissions

On October 17, 2023, the Commodity Futures Trading Commission’s (“CFTC” or “Commission”) Division of Enforcement (“DOE”) released its latest enforcement advisory, providing guidance to CFTC staff on resolution of an...more

Carbon Offsets and Voluntary Carbon Markets – Opportunities and Uncertainty

The voluntary carbon market is rapidly growing to match the increasing focus by corporate leaders on ESG efforts and net-zero goals. In 2021, the voluntary carbon market reached $2 billion, and by some estimates may be worth...more

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