On July 15, 2022, the European Union Official Journal published Commission Delegated Regulation (EU) of March 9, 2022. The new regulation implements European Regulation (EU) 2020/852 of June 18, 2020 (the "Taxonomy...more
REGULATORY ISSUES & UPDATES -
UK Introduces New Climate-Related Disclosure Regulations for UK Companies and LLPs -
The Companies (Strategic Report) (Climate-related Financial Disclosure) Regulations 2022 ("the...more
6/1/2022
/ Biden Administration ,
Climate Action Plan ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Energy Reform ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC)
On April 5, 2022, the EU Commission proposed two new regulations to restrict the emission and use of highly potent greenhouse gases, which heavily contribute to global warming, in order to limit global temperature rise and...more
As part of its legislative arsenal to combat climate change, France adopted the Climate and Resilience Law on August 22, 2021 ("Climate Law"), providing for a large number of binding measures against greenhouse gas ("GHG")...more
5/24/2022
/ Advertising ,
Air Pollution ,
Carbon Emissions ,
Climate Action Plan ,
Climate Change ,
Environmental Policies ,
EU ,
France ,
Greenhouse Gas Emissions ,
Greenwashing ,
Infrastructure ,
Net Zero ,
New Legislation ,
Pollution Control ,
Regulatory Reform
On March 10, 2022, the European Commission ("the Commission") adopted a decision on the award of grants under the Innovation Fund ("the Fund"). A total of seven projects obtained a grant after a first call for large-scale...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
The delegated regulation includes a new comprehensive and unified reporting methodology to direct investments toward environmentally sustainable economic activities....more
3/1/2022
/ Climate Action Plan ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
EU ,
Greenhouse Gas Emissions ,
Investment ,
Investor State Dispute Settlement (ISDS) ,
Net Zero ,
Real Estate Development ,
Regulatory Reform ,
Taxonomy
As of January 1, 2022, the first delegated acts adopted to supplement European Regulation (EU) 2020/852 of June 18, 2020 (the "Taxonomy Regulation") became applicable. The Taxonomy Regulation sets out a classification system...more
As of January 1, 2022, new French environmental regulations ("RE2020") are coming into force, replacing the former thermic regulations ("RT 2012"). RE2020 creates new rules for the energy, environmental, and health...more
2/28/2022
/ Carbon Emissions ,
Climate Action Plan ,
Climate Change ,
Construction Project ,
EU ,
France ,
Greenhouse Gas Emissions ,
Housing Developers ,
Infrastructure ,
Real Estate Development ,
Urban Planning & Development
Climate Change Regulatory Issues & Updates -
New NEPA Proposed Rule from CEQ Leaves Uncertain How U.S. Federal Agencies Must Assess Climate Change Impacts -
On October 7, 2021, the Council on Environmental Quality...more
11/5/2021
/ Advertising ,
Biden Administration ,
Carbon Emissions ,
CEQ ,
Climate Action Plan ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Marketing ,
NEPA ,
Oil & Gas ,
Regulatory Agenda
On August 22, 2021, the French Parliament adopted the Climate and Resilience Law ("2021 Climate Law"). In aiming to accelerate the transition to a carbon-neutral and more resilient society, the 2021 Climate Law imposes...more
11/5/2021
/ Advertising ,
Carbon Emissions ,
Climate Action Plan ,
Climate Change ,
Environmental Policies ,
EU ,
France ,
Goods or Services ,
Greenhouse Gas Emissions ,
Greenwashing ,
Labeling ,
New Regulations ,
Regulatory Reform ,
Regulatory Standards
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
Climate Change Regulatory Issues & Updates -
European Climate Law Sets a Binding Objective of Climate Neutrality by 2050 -
The recently adopted European Climate Law calls for the necessity to address "the growing...more
7/28/2021
/ Cap-and-Trade ,
Carbon Emissions ,
Climate Change ,
Environmental Policies ,
Fair Dealing Exception ,
Greenhouse Gas Emissions ,
Infrastructure ,
Mineral Leases ,
NEPA ,
Offshore Lease ,
Oil & Gas
The European Union ("EU") recently adopted "Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality" ("European Climate Law")....more
European courts, both at the Union level and the Member State level, are continuously facing a rising tide of climate litigation cases, with different responses.
At the European Union (EU) level, on March 25, 2021 the Court...more
Climate Change Regulatory Issues & Updates -
Interim Update on Biden Administration Climate Change Initiatives -
The last edition of the Climate Report discussed President Biden's signing, on his first day in office,...more
The Situation: The health care sector is currently going through a digital transformation phase with the promise of achieving improved patient care and higher efficiency—and the implementation of cloud-based services is a...more
Two major climate change lawsuits filed against the French State recently prompted French administrative courts to clarify the extent of France's obligations to adopt measures to comply with its greenhouse gas ("GHG")...more
Climate Change Regulatory Issues & Updates -
Biden Administration Takes Early Action on Climate Change -
In its first week in office, the Biden Administration took initial steps to meet its ambitious goals to address...more
On September 3, 2020, the French Prime Minister unveiled the priorities and milestones of France's Recovery Plan to address the economic effects of the COVID-19 pandemic. Based on three main pillars—ecology, competitiveness,...more
At long last, the new French health care anti-gift regime, modified in 2017, should be applicable as of October 1, 2020, thanks to implementing regulations adopted over the summer.
The French anti-gift regime, which...more
On June 25, 2020, the Court of Justice of the European Union ("ECJ") delivered a judgment (C24/19) clarifying that orders and circulars of EU Member States that regulate the installation and operation of wind turbines...more
On July 19, 2020, the Legal High Committee for Financial Markets of Paris ("HCJP") issued a report on social and environmental responsibility of companies and their managers under French law. This report was initiated based...more
In response to the novel coronavirus ("COVID-19") pandemic, the European Union ("EU"), various Member States and the United Kingdom have adopted trade control measures aimed at avoiding shortages and ensuring the availability...more
Climate Change Regulatory Issues & Updates -
Trump Administration Plans Overhaul of NEPA Review Process
The proposed rule changes would considerably limit the scope of environmental reviews of planned energy and...more
3/9/2020
/ Clean Air Act ,
Climate Change ,
Deregulation ,
Energy Sector ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
NEPA ,
Power Purchase Agreements ,
Renewable Energy ,
Trump Administration