News & Analysis as of

Corporate Counsel Carbon Emissions

Ropes & Gray LLP

US and EU Agree on Trade Framework Agreement – Implications for ESG/CSR Compliance

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On August 21, the US and EU announced that they have agreed on a Framework on an Agreement on Reciprocal, Fair, and Balanced Trade. The Framework Agreement expands upon earlier official statements on the US-EU trade deal and...more

ArentFox Schiff

How the ICJ Climate Change Advisory Opinion Raises Global Legal and Compliance Risks for Multinational Corporations

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The climate debate has whipsawed in recent years. Businesses frequently have been caught in the middle, with stakeholders including government regulators, activist investors, consumers, non-governmental organizations, and...more

Pillsbury Winthrop Shaw Pittman LLP

EPA Announces Sweeping Deregulatory Agenda: The Complete Set of EPA’s 31 Actions and Affected Environmental Regulations

In what it called “the greatest and most consequential day of deregulation in U.S. history,” the Environmental Protection Agency (EPA) announced its most expansive deregulatory initiative to date on March 12, 2025. Through a...more

White & Case LLP

EU Omnibus Package: 10 things you should know about the proposed changes to key sustainability legislation

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The European Commission published an "Omnibus" package of proposed changes on 26 February, marking the start of a process that could result in significant changes to key EU laws on sustainability reporting, diligence and...more

Morrison & Foerster LLP - Class Dismissed

A New Era of Climate Accountability: State Climate Superfund Laws Gain Momentum

As climate adaptation and mitigation costs escalate, a wave of state climate superfund legislation is emerging across the United States. This novel approach to climate accountability, pioneered by Vermont and New York,...more

Troutman Pepper Locke

Court Order Hobbles Challenge to California’s Climate Disclosure Laws

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Companies following the ongoing legal challenge to California’s climate disclosure laws in hopes that the court would strike down or limit the scope of these laws will be disappointed by the order issued by the U.S. District...more

Katten Muchin Rosenman LLP

What the Evian "Carbon-Neutral" Ruling Means for Advertisers

In a notable ESG ruling, U.S. District Judge Nelson Roman dismissed a class action lawsuit against Danone Waters of America that had alleged the company deceptively labeled its Evian bottled water as "carbon-neutral." This...more

Morgan Lewis

CFTC Takes First Enforcement Actions on Fraud in Voluntary Carbon Markets

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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

Kelley Drye & Warren LLP

Tyson Faces Lawsuit Over Net Zero Claims

Last week, the Environmental Working Group (“EWG”) filed a lawsuit against Tyson Foods in DC Superior Court under the DC Consumer Protection Procedures Act (“CPPA”), accusing the country’s second-largest meat company of...more

Morrison & Foerster LLP - Government...

White House Announces Federal Supplier Climate Risks And Resilience Rule

The Biden Administration unveiled details regarding a forthcoming proposed Federal Acquisition Regulation (FAR) rule on Greenhouse Gas (GHG) emission disclosures for major federal suppliers on November 10, 2022....more

Wilson Sonsini Goodrich & Rosati

Understanding and Unlocking the IRA and Clean Energy & Climate Solutions Federal Funding Opportunities

Wilson Sonsini’s Energy and Climate Solutions group celebrates the historic passage of the energy and climate provisions of the Inflation Reduction Act of 2022 (IRA). Like our clients, we are mission-driven and laser-focused...more

(ACOEL) | American College of Environmental...

Much Ado About Not Much: West Virginia v. EPA

Many have characterized West Virginia v. EPA as a decision depriving EPA of an important tool to address climate change under the Clean Air Act. The decision is better viewed as steering EPA away from a flawed regulatory...more

Kelley Drye & Warren LLP

The Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gases

In a decision issued the final day of the Supreme Court’s 2022 term, the Court sided with West Virginia and other States that had challenged the Environmental Protection Agency’s (“EPA’s” or “the Agency’s”) ability to...more

ArentFox Schiff

Five Initial Takeaways from the SEC’s Proposed Rules Requiring Companies to Disclose Climate Risks and GHG Emissions Data

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On March 21, the U.S. Securities Exchange Commission (SEC) proposed far-reaching climate-related disclosure rules for public companies that do business in the United States. In a 3-1 vote, the SEC proposed rules that would...more

Jones Day

ClientEarth Threatens Legal Action Against Shell's Directors in England and Wales

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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

Morgan Lewis

Tenth Circuit Grants Standing to NonProfit Seeking to Enforce Clean Air Act Tampering Provisions

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A unanimous three-judge panel in the US Court of Appeals for the Tenth Circuit affirmed on December 28, 2021 that private citizens and environmental groups have the right to seek enforcement of the Clean Air Act’s...more

Troutman Pepper Locke

What’s Next? EPA’s Air Agenda Highlights Priorities

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Now that we’re past July 4th and on the downhill side of summer, thoughts are turning to what EPA and the courts might do this fall with the many air quality and climate change issues before them. Here is a list of some of...more

McGuireWoods LLP

A Change of Climate in the Courts

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On 26 May 2021, the Hague District Court in the Netherlands issued an historic judgment in Milieudefensie et al. v. Royal Dutch Shell plc, a case brought by a number of environmental groups and individual claimants against...more

Jones Day

Climate Change Litigation Bombshell: Dutch Lower Court Orders Royal Dutch Shell to Reduce CO2 Emissions

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The Ruling: On May 26, 2021, the Hague District Court ("Court") issued a ruling ordering Royal Dutch Shell Plc ("RDS"), the parent company of the Shell group with its registered office in the Netherlands, to ensure that the...more

Morrison & Foerster LLP

Corporate Failings On Climate Change Reporting Revealed

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Over the past four years in the United States, there has been an increasing disconnect between public and private action on climate. The current administration de-prioritized (and many believe sabotaged) any efforts to...more

Jones Day

Class Action Suit Filed in Australia Opposes Coal Expansion Project on Behalf of Global Youth

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On September 8, 2020, the law firm Equity Generation Lawyers filed a class action on behalf of young people globally, seeking an injunction to restrain the Australian Government's Minister for the Environment, Sussan Ley,...more

Latham & Watkins LLP

US Department of Labor Puts ESG Investing on Ice

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In its finalized rule amending ERISA, the DOL makes financial factors paramount in a fiduciary’s responsibility to investors. On October 30, 2020, the US Department of Labor (DOL) published Financial Factors in Selecting...more

Akin Gump Strauss Hauer & Feld LLP

Biden’s Climate Catch Up, or Trump’s Regulatory Rollbacks? Key Environmental and Energy Considerations for the 2020 Elections

- It is apparent that former Vice President Joe Biden’s “clean energy revolution” and climate goals stand in stark contrast with the policies the Trump Administration has pursued during its first term, underscoring the...more

McGuireWoods LLP

IRS Provides Carbon Capture Tax Credit Guidance and Safe Harbor

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On Feb. 20, 2020, the IRS issued Notice 2020-12 and Revenue Procedure 2020-12 regarding carbon capture tax credits (IRC Section 45Q). Notice 2020-12 (the begin construction notice) provides guidance to determine when...more

Beveridge & Diamond PC

Washington’s Clean Air Rule: State Supreme Court Invalidates Key Components of Climate Change Regulation

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In a much-anticipated 5-4 decision on January 16, 2020, the Washington Supreme Court decided the fate of the state’s Clean Air Rule (CAR). The Clean Air Rule, which created a cap-and-trade system for regulating greenhouse gas...more

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