The Commission published guidance documents to the regulation and proposed to postpone its entry into application to 30 December 2025.
By Paul A. Davies, Michael D. Green, and James Bee
On 2 October 2024, the European Commission (Commission) adopted a proposal for a one-year delay to the implementation of the European Deforestation Regulation (EUDR), which was set to take effect from December 30, 2024. The Commission noted the proposal is a response to feedback from global partners and
South Korea’s Constitutional Court has issued a “first of its kind” decision in Asia, requiring South Korea to update its greenhouse gas reduction targets.
By Paul A. Davies, Wonsuk (Steve) Kang, Michael D. Green, James Bee, Stephanie Forrest, and Jiou (Alex) Park
On 29 August 2024, South Korea’s Constitutional Court (the Court) ruled unanimously that a provision of the 2021 Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis (the Framework)
The draft represents the next step in transposing the CSRD into national law.
By Axel Schiemann and Dominik Schöneberger
On 24 July 2024, the German Federal Government adopted the governmental draft of the Act implementing the EU Directive on Sustainability Reporting (Directive (EU) 2022/2464 – CSRD) into German law (the Government Draft). The adoption of the Government Draft constitutes the next significant step in the legislative process after the German Ministry of Finance published the first draft implementing law on
Finch v. Surrey calls for assessment of all likely direct and indirect environmental effects in EIAs, including certain Scope 3 emissions if a reasonable estimate is feasible.
By Paul A. Davies, Michael D. Green, Stephanie Forrest, and James Bee
On 20 June 2024, the UK Supreme Court (the Court) in Finch v. Surrey CC [2024] UKSC 20 considered whether certain downstream emissions fell within the scope of direct or indirect environmental effects for the purposes of an
The Civil Aviation Authority of Singapore will also launch 12 key initiatives, including a levy on sustainable aviation fuel and low-carbon electricity imports.
By Paul A. Davies, Farhana Sharmeen, Michael D. Green, James Bee, and Kevin Mak
The Civil Aviation Authority of Singapore (CAAS) has launched the Singapore Sustainable Air Hub Blueprint (Blueprint) as part of its efforts to decarbonise Singapore’s aviation sector while enabling sustainable growth.
Background
The Blueprint aims to reduce domestic aviation emissions[i] from airport operations by 20% from 2019 levels (404ktCO2) in 2030 and achieve net zero domestic and international aviation emissions by 2050. This net zero goal aligns with both Singapore’s national climate target and the International Civil Aviation Organisation’s target for the global aviation industry. Alongside the Blueprint, CAAS will introduce 12 initiatives to decarbonise Singapore’s aviation sector and five enablers for the effective implementation of these decarbonisation initiatives. The initiatives will be implemented across three domains: airport, airline, and air traffic management.
On appeal of a strike out decision, the Court gives the plaintiff “his day in court” to argue that corporates owe a common law duty of care in tort to reduce greenhouse gas emissions.
By Sophie J. Lamb KC and Stephanie Forrest
On 7 February 2024, the Supreme Court of New Zealand decided to allow a novel climate change claim to proceed to trial. In Smith v. Fonterra, the Supreme Court reversed the earlier decision of its Court of Appeal
Proposed regulations clarify FEOC restrictions and clean vehicle tax credit compliance for manufacturers aiming to produce eligible EVs.
By Jean-Philippe Brisson, Jim Cole, Eli M. Katz, Qingyi Pan, Rob Thompson, J. Dylan White, and Sam Wong
As countries around the world accelerate the transition to clean energy, the race to gain shares in the electric vehicle (EV) manufacturing market is intensifying, with global sales of EVs rising 31% in 2023.[1]
To facilitate increased
EPA’s transfer of primary enforcement authority to states for carbon capture and storage projects may decrease permitting delays but raise legal questions.
By Nikki Buffa, Joshua Bledsoe, Jennifer Roy, Michael Dreibelbis, Brian McCall, Austin Wruble, and Sam Wong
Louisiana has become the third state in the United States to receive primacy from the US Environmental Protection Agency (EPA), allowing it to assume permitting authority for carbon capture and storage (CCS) projects. EPA granted primacy
New report raises social cost of carbon estimates, surpassing previous estimates by more than 250%.
By Joshua Bledsoe, Kevin Homrighausen, and John Detrich
On December 2, 2023, the US Environmental Protection Agency (EPA) released a final report that substantially increases estimates of the social cost of greenhouse gases (GHG), including carbon dioxide, methane, and nitrous oxide (collectively, SC-GHG). The report describes SC-GHG as “the monetary value of the net harm to society from emitting one metric ton of that GHG into the atmosphere in a given year.”[1] The new estimates are intended to serve as a tool for decision-makers, aiding in the cost-benefit analysis of actions that would reduce or increase GHG emissions. Indeed, federal agencies are expected to use the estimates in future rule-makings and in the environmental review of forthcoming projects.
For in scope companies, disclosures may be required as early as the reporting period for the 2024 financial year.
By Paul A. Davies, Michael D. Green, and James Bee
On 22 December 2023, the Commission Delegated Regulation specifying the first set of European Sustainability Reporting Standards (ESRS) was published in the Official Journal of the European Union (EU).[1] The ESRS apply from 1 January 2024, for financial years beginning on or after that date.
The ESRS set out specific disclosure requirements for companies required to report under the Corporate Sustainability Reporting Directive (CSRD). The first set of sector-agnostic ESRS cover sustainability-related impacts, risks, and opportunities relating to a range of environmental, social, and governance issues, and will be followed by additional sector-specific standards over the coming years.[2]