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UK Energy Act 2023 - What to Know About the Landmark Act

The Act demonstrates the UK’s renewed commitment to reaching net zero and paves the way for players in key industries to achieve their targets. On 26 October 2023, the UK Energy Act 2023 (the Act) received Royal Assent....more

Transparency Is Key for PE Amid Greenbashing Risk

As ESG statements fall under increasing scrutiny, sponsors should aim for consistent and accurate messaging, as well as robust ESG strategies. Regulatory drivers and stakeholder demands have put environmental, social,...more

SEC Adopts Changes to Names Rule for Registered Funds

The amendments aim to modernize the Names Rule and promote investor protection objectives by ensuring that a fund’s portfolio of holdings aligns with its name. The US Securities and Exchange Commission (the SEC or the...more

UK Transition Plan Taskforce Launches Full Disclosure Framework

The framework claims to set the “gold standard” for companies to contribute to the net zero transition while emphasising ambition, action, and accountability. The UK Transition Plan Taskforce (TPT) launched its...more

Timely ESG Updates for Public Companies Preparing Annual Reports

Developments span the climate disclosure landscape, risk factor disclosure, and diversity-related efforts. In advance of the annual shareholder proposal and annual reporting preparation season, we believe that a number of...more

European Commission Launches Consultation on Sustainable Finance Disclosure Regulation

The EU regulators are reviewing the Sustainable Finance Disclosure Regulation introduced in 2021, exploring the need for potential additional adjustments. On 14 September 2023, the European Commission initiated a...more

China Plans to Relaunch Its Carbon Credits Program

The draft New Measure aims to enhance the environmental integrity of China’s carbon market by introducing new requirements for project registration and credit issuance. China is preparing to relaunch its carbon credits...more

California Passes GHG Emissions Reporting and Climate-Related Financial Risk Legislation

Governor Newsom has committed to signing into law two bills that would require certain companies that do business in California to disclose their GHG emissions and climate-related financial risks. In January 2023,...more

TNFD Publishes Finalized Recommendations for Nature Related Disclosures

On September 18, 2023, the Taskforce on Nature-related Financial Disclosures (TNFD) published recommendations for organizations’ assessment, management, and disclosure of nature-related issues (the Recommendations). These...more

Australian Competition and Consumer Commission Adopts Tougher Stance on Greenwashing

The ACCC sets out best marketing practices and companies’ obligations under the Australian Consumer Law, including strict penalties that may follow. In July 2023, the Australian Competition and Consumer Commission (ACCC)...more

UK Advisory Taskforce Releases Recommendations for UK Green Taxonomy Reporting

The Green Technical Advisory Group, which is guiding the UK government’s implementation of a UK Green Taxonomy, has issued detailed advice for the upcoming legislation. In September 2023, the Green Technical Advisory Group...more

The PROVE IT Act: Proposed US Legislation Aiming to Collect Product-Level GHG Data Could Have Wider Implications

Data collected under the PROVE IT Act would measure the carbon emissions of certain goods in the US and other nations. On June 7, 2023, US Senators Chris Coons and Kevin Cramer introduced the bipartisan Providing...more

Regulatory Updates in Asia ESG - August 2023

As ESG regulation in Asia develops at an increasing pace, Latham lawyers give an update on noteworthy developments across the region....more

European Commission Adopts Reporting Rules for Transitional Phase of Carbon Border Adjustment Mechanism

Importers into the EU of CBAM goods should be aware of their transitional reporting obligations under the new rules. On 17 August 2023, the European Commission (Commission) adopted rules governing the implementation of...more

UK Announces Sustainability Disclosure Standards Based on the ISSB

The UK standards will aim to increase the comparability and value of reported information for investors. The UK government announced on 2 August 2023 that it will develop standards for company sustainability disclosures...more

European Commission Adopts the European Sustainability Reporting Standards

The adoption of the standards marks a key milestone for reporting under the CSRD. On 31 July 2023, the European Commission (Commission) adopted the European Sustainability Reporting Standards (ESRS), following a four...more

EU Corporate Sustainability Reporting Directive Redefines ESG Reporting

The European Union’s Corporate Sustainability Reporting Directive (CSRD), which entered into force in January 2023, marks a new era for ESG reporting across Europe (and globally). CSRD is the latest in a wave of new rules...more

TCFD Transfers Climate Monitoring Activities to IFRS Foundation

Following the publication of the ISSB Standards, the IFRS Foundation will take over monitoring of companies’ climate progress from 2024. On 10 July 2023, the International Sustainability Standards Board (ISSB) and...more

European RED III Seeks to Promote the Use of Green Hydrogen

Renewable fuels of non-biological origin would play an expanded role in satisfying EU decarbonisation targets. The European Council has formally endorsed the proposed amendments to Directive (EU) 2018/2001 on the...more

ISSB Issues Global Sustainability Disclosure Standards

On June 26, 2023, the International Sustainability Standards Board (ISSB) released its first two standards for sustainability disclosures, which are designed to facilitate the disclosure of sustainability-related information...more

European Deforestation Regulation Enters Into Force

The regulation aims to minimise the EU’s contribution to deforestation and forest degradation. The European Deforestation Regulation (EUDR) entered into force on 29 June 2023, following publication in the Official Journal...more

UK Advertising Standards Authority Publishes Updated Guidance on Greenwashing Claims

The ASA conveyed a sense of urgency, as it believes influencing consumer behaviour will be an important part of meeting UK net zero targets. On 23 June 2023, the UK’s Advertising Standards Authority (ASA) published an...more

The Future of Green Marketing: Anticipated Changes to the FTC’s Green Guides

The FTC will likely update Green Guides provisions, impacting corporate decision-making in marketing and throughout the value chain. Latham & Watkins is pleased to present a series of Clients Alerts on environmental,...more

OECD Updates Corporate Due Diligence Guidelines

The Guidelines build on current social, environmental, and technological issues facing businesses following the last update in 2011. The Organisation for Economic Co-operation and Development (OECD) released updated...more

Singapore: MAS Proposes Guidelines for Financial Institutions to Support Financing for Decarbonisation

The forthcoming guidelines will set supervisory expectations to steer financial institutions’ transition planning processes to facilitate decarbonisation efforts by their clients. On 8 June 2023, the Monetary Authority...more

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