EPA’s action finalizes aggressive emission reduction targets for certain subcategories of fossil fuel-fired power plants, based on implementation of carbon capture and sequestration.

By Stacey L. VanBelleghem, Karl A. Karg, and Phil Sandick

This post is the first in a series on four key power plant rules that the Environmental Protection Agency recently released. It discusses the rule to regulate greenhouse gas emissions from certain electric generating units.

On April 25, 2024, the US Environmental Protection Agency (EPA)

The court’s decision is the latest development in the litigation over the SEC’s final rules, which have faced numerous legal challenges since their adoption.

By Paul A. Davies, Sarah E. Fortt, and Betty M. Huber

On March 15, 2024, the US Court of Appeals for the Fifth Circuit granted an administrative stay of the Securities and Exchange Commission’s recently finalized climate disclosure rules, in response to a March 8 request.[1] Petitioners had requested the stay in light

The Eligibility List sets out the approved host countries, carbon crediting programmes, and methodologies that meet the established Eligibility Criteria in Singapore.

By Paul A. Davies, Jean-Philippe Brisson, Farhana Sharmeen, Don Stokes, Michael D. Green, Qingyi Pan, James Bee, and Kevin Mak

On 19 December 2023, the Ministry of Sustainability and the Environment (MSE) and the National Environment Agency (NEA) in Singapore published the Eligibility List under Singapore’s International Carbon Credit (ICC) Framework, which took effect from 1 January 2024 and was published on Singapore’s Carbon Markets Cooperation website.

The Eligibility List followed the signing of an inaugural Article 6 implementation agreement with Papua New Guinea on carbon credits cooperation.

Under Article 6 of the Paris Agreement, countries may enter into an implementation agreement to cooperate to achieve their nationally determined contributions (NDCs) by trading Paris Agreement compliant carbon credits. Parties to the implementation agreement must also effect certain corresponding adjustment mechanisms to ensure that any emission reductions or removals are struck from the host country’s NDC accounts to prevent double-counting.

The new rules would oblige companies to integrate their human rights and environmental impact into their management systems.

By Paul A. Davies, Michael D. Green, and James Bee

On December 14, 2023, the European Council (Council) and European Parliament (Parliament) reached provisional agreement on the Corporate Sustainability Due Diligence Directive (CSDDD). The agreement follows an extensive negotiation processes, which began in June 2023, after the European Commission had initially proposed the CSDDD in February 2022.

The CSDDD’s key aim is to enhance the protection of the environment and human rights globally. The CSDDD as proposed will set obligations for companies regarding the actual and potential adverse impacts of their own operations, those of their subsidiaries, and those carried out by business partners, described as the “business chain of activities.” The CSDDD would also establish a requirement for large EU companies to adopt a plan to ensure that their business model and strategy are compatible with the Paris Agreement, i.e., including concrete targets and measures in line with limiting global warming to 1.5 °C.

The proposed CSDDD would establish rules on penalties and civil liability for infringements (although these will ultimately be set by Member States).

The Supervisory Body published the Methodology Guidance and the Removal Guidance to be presented for discussion in COP28.

By Jean-Philippe Brisson, Paul A. Davies, Joshua T. Bledsoe, Michael Dreibelbis, Qingyi Pan, and Brett Frazer*

After two years of discussion, the Supervisory Body (SB) responsible for determining the guidelines for Article 6.4 of the Paris Agreement published two sets of recommendations, which will be presented for consideration and adoption by the Parties to the Paris Agreement (CMA) at the 28th annual Conference of Parties (COP28).

The first recommendation came on November 16, 2023, when the SB published guidelines on the requirements for the development and assessment of Article 6.4 mechanism methodologies (the Methodology Guidance).[i] The second recommendation followed the next day, when the SB published guidelines on activities involving removals under the Article 6.4 mechanism (the Removal Guidance).[ii]