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
For the first time, the Court has confirmed that the adverse impacts of climate change fall within the ambit of human rights protection under the European Convention of Human Rights, obliging States to implement effective mitigation measures.
By Paul A. Davies, Sophie J. Lamb KC, Michael D. Green, James Bee, and Stephanie Forrest
On 9 April 2024, the European Court of Human Rights delivered three Grand Chamber rulings in climate change-related cases. These three separate judgments
The Eighth Circuit is poised to determine the fate of the SEC’s final climate regulation, potentially by the end of the year.
By Paul A. Davies, Sarah E. Fortt, and Betty M. Huber
On March 21, 2024, the US Court of Appeals for the Eighth Circuit was selected as the court that will hear challenges against the Securities and Exchange Commission (SEC or Commission) over its final climate disclosures rules, which were adopted on March 6.[i]
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
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
The agency’s two recent actions introduce enhanced restrictions on hydrofluorocarbons and provide a series of compliance dates for industry stakeholders.
By Stacey VanBelleghem and Jennifer Garlock
On October 5, 2023, the US Environmental Protection Agency (EPA) issued two rules, one final and one proposed, to phase down hydrofluorocarbons (HFCs) under the bipartisan American Innovation and Manufacturing Act of 2020 (AIM Act). The agency’s recent actions represent major steps in the Biden administration’s goal to significantly reduce HFCs over the next decade.
HFCs are a group of chemical refrigerants and potent greenhouse gasses (GHGs), commonly used in foam products, cooling systems, aerosols, and fire suppressants. International focus on managing these compounds sharpened in the 1980s, when countries agreed in the Montreal Protocol to shift global markets away from the ozone-depleting chlorofluorocarbons (CFCs) — the then dominant strain of refrigerant and aerosol chemicals — toward HFCs. Although HFCs are less damaging to the ozone layer than CFCs, they have global warming potential (GWP) values (a figure that allows comparison of relative climate impact of a GHG) hundreds or thousands times higher than carbon dioxide (CO2), which has a GWP equal to 1. In 2016, nearly 200 countries adopted the Kigali Amendment to the Montreal Protocol agreeing to a global phasedown of production and use of HFCs. The US ratified that amendment on October 31, 2022.
Regulators are pursuing steep fines in response to widespread alleged noncompliance with an emissions rule still subject to potential reversal by the courts.
By Joshua T. Bledsoe, James Friedland, and Jennifer Garlock
Key Points:
On September 20, 2023, the South Coast Air Quality Management District (SCAQMD or the District) announced an enforcement initiative for Rule 2305, also known as the Warehouse Indirect Source Rule (ISR), which is part of the Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program. As described in this June 2021 blog post, the WAIRE Program applies to warehouses in the South Coast Air Basin over 100,000 square feet, with a phased implementation based on warehouse size. The ISR imposes a compliance obligation based on the number of truck visits to that warehouse per year, which warehouse operators can meet through emissions-reducing actions, either from the “WAIRE Menu” or through a custom plan approved by the District.
The ACCC sets out best marketing practices and companies’ obligations under the Australian Consumer Law, including strict penalties that may follow.
By Paul A. Davies, Sophie J. Lamb KC, Michael D. Green, James Bee, and Aleksandra Dulska
In July 2023, the Australian Competition and Consumer Commission (ACCC) published draft guidance (Draft Guidance) to improve the integrity of environmental and sustainability claims made by businesses and protect consumers from greenwashing.[1]
As the objectives gain traction, they are meeting state resistance in court.
By Robin M. Hulshizer and Malorie R. Medellin
The US Environmental Protection Agency’s (EPA’s) strategic plan for 2022–26, released in March 2022, added a new foundational principle to the agency’s mission: the advancement of environmental justice and equity. Since unveiling its strategic plan, EPA has taken a number of actions to make good on its mission, aggressively furthering its environmental justice goals and objectives. As recently as April 2023, EPA awarded $177 million to open 10 Environmental Justice Thriving Communities Technical Assistance Centers to improve accessibility to federal grant funding for communities with environmental justice concerns.
Most prominently, EPA has (1) increased its scrutiny of, and investigation into, claims under Title VI of the Civil Rights Act; (2) pushed for cumulative impact analyses for permits; and (3) initiated emergency actions under Section 303 of the Clean Air Act to restrain emissions. Numerous corporations and state agencies have been implicated in these efforts, and some are pushing back.
The ASA conveyed a sense of urgency, as it believes influencing consumer behaviour will be an important part of meeting UK net zero targets.
By Paul A. Davies, Sophie J. Lamb KC, Michael D. Green, and Aleksandra Dulska
On 23 June 2023, the UK’s Advertising Standards Authority (ASA) published an update to its advertising guidance on misleading environmental claims and social responsibility (the Advertising Guidance) and stated its intention to continue to take a firm, but proportionate, approach against greenwashing claims. This latest update to the Advertising Guidance aims to identify factors that make environmental claims in ads more likely or less likely to comply with the UK Code of Non-broadcast Advertising (CAP) and UK Code of Broadcast Advertising (BCAP).
This blog post provides context for the latest update and summarises the new section of the Advertising Guidance that draws on principles established by recent ASA rulings as well as principles found in the Competition and Markets Authority’s (CMA’s) Green Claims Code.