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The Climate Report | Fourth Quarter 2024

New ESG regulations are expected to have a significant impact on disclosure and governance obligations for EU and non-EU companies alike, including extensive sustainability reporting and due diligence requirements on...more

Landmark Climate Change Case Overturned: The Hague Court of Appeals Overturns Ruling Ordering Shell to Reduce CO2 Emissions

On November 12, 2024, The Hague Court of Appeals overturned the landmark climate change litigation case that imposed a 45% CO2 reduction obligation on Shell....more

The Climate Report | Third Quarter 2024

REGULATORY ISSUES & UPDATES - Update on Australia's New Climate-Related Financial Disclosure Regime - Australia's mandatory climate-related financial disclosure regime is inching closer to implementation after the proposed...more

UK Supreme Court Quashes Planning Permission Due to a Failure to Consider Downstream (Scope 3) Greenhouse Gas Emissions

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

European Court's Landmark Ruling Deems Climate Inaction Amounts to Violation of Human Rights

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 Climate Report: Third Quarter 2023

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

The Climate Report | Second Quarter 2023

"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

The Climate Report | First Quarter 2023

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

EU Adopts Revised Guidelines on State Aid for Climate, Environmental Protection and Energy

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

German Constitutional Court: Climate Change Act is Partially Unconstitutional

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

Climate Change Litigation Heats Up in Europe

The Ruling: On October 9, 2018, the Hague Court of Appeal upheld the Hague District Court's 2015 first-instance ruling that the Dutch State violated the European Convention on Human Rights ("ECHR") and failed to fulfil its...more

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