The guidance contains practical advice for navigating ESG diligence and compliance.
By James R. Barrett, Paul A. Davies, Michael D. Green, Bobbi-Jo B. Dobush, and Jacqueline J. Yap*
On June 19, 2020, the Equator Principles Association (EPA) issued Guidance on Implementation of the Equator Principles During the Covid-19 Pandemic, as prepared by Ramboll (Guidance).
The 24-page Guidance provides lenders and borrowers with direction on how to address COVID-19-related issues in all aspects of project development and financing. The Guidance contains critical information that must be taken into account in any pending or planned project financings subject to the Equator Principles (EPs). Continue Reading
On 12 June 2020, the European Commission (the Commission) published a targeted consultation document on the establishment of an EU Green Bond Standard (EU GBS). The Commission has committed to the establishment of an EU GBS as part of its broader Action Plan on Financing Sustainable Growth (the Action Plan), and hopes that the promulgation of an official EU standard will help address some of the barriers it has identified in the current green bond market. 
On 23 June, the Spanish Government passed Royal Decree-Law 23/2020, which entered into force on 25 June, approving new measures in the energy sector that aim to promote renewable energy generation and support the recovery of the economy in line with the European Green Deal (the New Regulations). 
Earlier this month (June 2020), the EU released 
The US Fish and Wildlife Service (FWS) recently took another step toward narrowing its interpretation of liability under the Migratory Bird Treaty Act (MBTA) by issuing a draft environmental impact statement (DEIS). MBTA regulations currently protect 1,093 species of migratory birds. (See 
The COVID-19 pandemic continues to present unprecedented challenges for European private equity firms and their portfolio companies. A significant number of companies have been forced to undertake emergency liquidity measures, make difficult decisions to ensure the health and safety of their workforce, and pivot their business models, all whilst trying to maintain business continuity.
In the closely watched battle over the scope of the Clean Water Act (CWA), a federal court in California has denied a motion brought by a coalition of states to stay the Trump Administration’s rule narrowing the law’s reach. However, the federal court in Colorado has enjoined the rule in that state, and litigation in these and other courts will continue — including an anticipated appeal of the California decision to the Ninth Circuit Court of Appeals.
On 28 May 2020, the European Commission (EC) published its 
As the COVID-19 pandemic continues to cause economic disruption, the UK government (government) has established five working groups tasked with discussing and evaluating economic recovery measures. The groups will focus on five key themes, including “Green recovery: how to capture economic growth opportunities from the shift to net zero carbon emissions”. 
On 11 June 2020, private equity firm EQT announced that it has entered into an environmental, social, and governance–linked fund-level subscription credit facility (SCF) with an upper limit of around €5 billion