Environment, Land & Resources

Category Archives: Environmental Regulation

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European Commission Releases Legislative Package to Meet Emissions Target

The package aims to deliver on the targets agreed in the European Climate Law and fundamentally transform the EU’s economy and society for a greener future. By Paul A. Davies, Nicola Higgs, David Little, Elisabetta Righini, JP Sweny, and Michael D. Green On 14 July 2021, the European Commission (the Commission) unveiled a long-awaited package … Continue Reading

European Commission Publishes New Green Bond Standard and Unveils Latest Sustainable Finance Strategy

The new green bond standard aims to hit EU Green Deal targets, address environmental challenges, and increase investment in sustainable activities.  By Paul Davies and Edward Kempson The European Commission (the Commission) recently issued two key announcements relating to the newly published EU Sustainable Finance Strategy (the Strategy) and the new EU Green Bond Standard … Continue Reading

FCA Proposes New Climate-Related Disclosure Regime

The FCA is proposing a disclosure regime for asset managers, life insurers, and pension providers. By Paul Davies, Nicola Higgs, Victoria Sander, David Berman, Anne Mainwaring, and Charlotte Collins On 22 June 2021, the FCA published a Consultation Paper (CP21/17) on introducing climate-related financial disclosure rules and guidance for asset managers, life insurers, and FCA-regulated pension providers. The disclosure requirements would … Continue Reading

FCA Seeks to Extend Climate-Related Disclosures for Listed Companies

The FCA is consulting on extending its rules to standard listed issuers. By Paul A. Davies, Chris Horton, James Inness, Anna Ngo, and Charlotte Collins On 22 June 2021, the FCA published a Consultation Paper (CP21/18) on extending the application of the existing climate-related disclosure requirements for commercial companies with a UK premium listing to … Continue Reading

China and EU to Collaborate on Green Investment Standards

The People’s Bank of China announced a collaboration with the European Union to adopt a common taxonomy for green investments. By Paul A. Davies, Nicola Higgs, and Edward R. Kempson On 21 March 2021, the People’s Bank of China (PBC) announced that China is working with the European Union to adopt a common green taxonomy … Continue Reading

TCI Program Established to Reduce Carbon Emissions From Transportation

The program will include a multi-jurisdictional cap-and-invest program and aims to address environmental justice and equity concerns. By Jean-Philippe Brisson, Joshua T. Bledsoe, Benjamin Einhouse, and Brian McCall On December 21, 2020, the Governors of Massachusetts, Rhode Island, and Connecticut, as well as the Mayor of the District of Columbia, announced that their respective jurisdictions … Continue Reading

Financial Services Trade Organizations Publish Principles for Regulatory Sustainability Transition

The principles are intended to guide the industry’s engagement with policymakers concerning the ongoing economic transition away from carbon. By Paul A. Davies, Jason C. Ewart, and Edward R. Kempson The US Climate Finance Working Group, a group of leading financial services trade associations, has published “Financing a US Transition to a Sustainable Low-Carbon Economy” … Continue Reading

CEQA Case Report: 2020 Year in Review

Public agencies prevailed in 68% of CEQA cases analyzed. By James L. Arnone, Daniel P. Brunton, Nikki Buffa, Marc T. Campopiano, and Winston P. Stromberg Latham & Watkins is pleased to present its fourth annual CEQA Case Report. Throughout 2020 Latham lawyers reviewed each of the 34 California Environmental Quality Act (CEQA) appellate cases, whether … Continue Reading

Flexibility in Sustainable Finance

Recent developments show how innovative sustainable finance instruments can help the transition to greener financial markets. By Paul A. Davies and Edward R. Kempson The EU Taxonomy Regulation[1] (the Regulation), which entered into force in July 2020, is one of the most significant developments in sustainable finance. The Regulation creates a classification system for green … Continue Reading

EPA Begins Term With Congressional Mandate to Phase Down HFCs

The agency’s rulemaking to implement the AIM Act will offer stakeholders opportunities to shape a new market-based mechanism to reduce HFCs. By Jean-Philippe Brisson, Stacey VanBelleghem, and Zaheer Tajani Tucked inside the US$900 billion COVID-19 relief package signed into law on December 27, 2020, is a regulatory opportunity for the climate-focused Biden Administration: the American … Continue Reading

Proposed Amendments to Prop 65 Regulations Clarify and Update Proper Use of Short-Form Product Warnings

The proposed amendments seek to clarify when short-form product warnings may be used and create new requirements for information about harmful chemicals. By Michael G. Romey, Lucas I. Quass, and Kevin Homrighausen Update: On February 19, 2021, OEHHA announced that the public comment period has been extended until March 29, 2021. OEHHA also scheduled a … Continue Reading

CARB Steers Clean Miles Standard Toward Formal Rulemaking

The agency has further strengthened electrification targets and provided additional details on compliance options for Transportation Network Companies. By Joshua T. Bledsoe, Charles C. Read, and Jen Garlock The California Air Resources Board (CARB) is developing the Clean Miles Standard and Incentive Program (Clean Miles Standard), a first-of-its kind regulation designed to reduce greenhouse gas … Continue Reading

DC Circuit Overturns Trump Administration Power Plant Rule

The decision clears a path for President Biden’s climate priorities, striking down a Trump Administration rule that had repealed the Obama Administration’s power plant greenhouse gas regulations. By Stacey L. VanBelleghem and Devin M. O’Connor On January 19, 2021, on the eve of President Biden’s inauguration, in American Lung Association, et al. v. EPA, the … Continue Reading

Sustainability Organisations Publish Draft Climate-Related Disclosure Standards

Consortium provides prototype climate-related financial disclosure standards, following earlier pledge to collaborate. By Paul A. Davies and Michael D. Green A group of leading sustainability and integrated reporting organisations has published a paper addressing standards for reporting on enterprise value and presenting prototypes of climate-related financial disclosure standards (the Paper). The co-authors include the Carbon … Continue Reading

FCA Enhances Climate-Related Disclosures for Listed Companies

New rule will require listed companies to state whether they have made disclosures in accordance with the TCFD. By Paul A. Davies, Nicola Higgs, Chris Horton, and Michael D. Green On 21 December 2020, the Financial Conduct Authority (FCA) confirmed in a published Policy Statement[1] (the Statement) that it will introduce a new Listing Rule … Continue Reading

EPA Updates Aftermarket Defeat Device Enforcement Policy

EPA provides more detailed guidance on aftermarket safe zones while continuing to drive forward enforcement initiatives. By Arthur F. Foerster In 2019, the US Environmental Protection Agency (EPA) released its “National Compliance Initiatives” (NCIs) for years 2020-2023. EPA sets NCIs for what the agency believes are “the most serious environmental violations.”[1] One of those NCIs … Continue Reading

European Commission Reports on Climate Change Progress

A new report shows headway in reducing greenhouse gases and details the latest climate change policy developments. By Paul A. Davies and Michael D. Green On 30 November 2020, the European Commission (EC) adopted the EU Climate Action Progress Report Kick-starting the journey towards a climate-neutral Europe by 2050 (the Report). The Report, which is … Continue Reading
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