Environmental Regulation

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EU Adopts Corporate Sustainability Due Diligence Directive

Posted on July 8, 2024

Posted in Environmental Regulation, Environmental, Social, and Governance, European Environmental and Public Law

The CSDDD is set to impose mandatory human rights and environmental due diligence obligations for in-scope companies.

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

On 5 July 2024, the Corporate Sustainability Due Diligence Directive (CSDDD) was published in the Official Journal of the EU, marking a significant milestone in the growing regulatory environment in relation to companies being required to embed responsible business conduct into due diligence processes and policies.

Initially proposed in February 2022…

German Federal Government Lays Foundation for CCS in Germany

Posted on June 19, 2024

Posted in Energy storage, Environmental Regulation

The key principles for a Carbon Management Strategy and draft act on the revision of the Carbon Storage Act create new opportunities for investors and project developers.

By Tobias Larisch, Alexander “Stefan” Rieger, John-Patrick Sweny, Jean-Philippe Brisson, and Joachim Grittmann

The German Federal Government’s Carbon Management Strategy and the revision of the Carbon Storage Act (Kohlendioxid-Speicherungsgesetz, KSpG) aim to remove current obstacles to (i) Carbon Capture and Storage (CCS) and (ii) Carbon Capture and Utilisation (CCU)…

EPA Extends CCR Regulations to Previously Exempt CCR Units

Posted on May 2, 2024

Posted in Energy Regulatory, Environmental Regulation, Power, Oil, Gas, and Minerals

William Jefferson Clinton Federal Building In Washington DC

EPA will regulate legacy CCR surface impoundments and CCR Management Units for the first time.

By Stacey L. VanBelleghem, Karl A. Karg, Phil Sandick, Jacqueline Zhang, Bruce Johnson, and Samuel Wallace-Perdomo

On April 25, 2024, EPA released its Final Rule to extend certain requirements governing the disposal of coal combustion residuals (CCR) in inactive surface impoundments at inactive power plants (referred to as “legacy CCR surface impoundments” or “legacy ponds”) and CCR Management Units (CCRMU), a…

5 Things to Know About EPA’s Final Power Plant GHG Emissions Rule

Posted on May 1, 2024

Posted in Energy Regulatory, Environmental Regulation, Power, Oil, Gas, and Minerals

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

On April 25, 2024, the US Environmental Protection Agency (EPA) released its final rule (the Power Plant GHG Rule or the Final Rule) to regulate greenhouse gas (GHG) emissions from electric generating units (EGUs) at power plants under Section 111 of the Clean Air Act…

The Case Against the SEC’s Final Climate Rules Begins in Earnest (and What It Means)

Posted on April 8, 2024

Posted in Environmental Litigation, Environmental Regulation, Environmental, Social, and Governance

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]…

Fifth Circuit Presses Pause on SEC’s Final Climate Regulation

Posted on March 21, 2024

Posted in Environmental Litigation, Environmental Regulation

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…

China’s Stock Exchanges to Plan Sustainability Disclosure Rules for Big Companies

Posted on March 15, 2024

Posted in Environmental Regulation, Environmental, Social, and Governance

The guidelines aim to transform China’s approach to ESG by introducing sustainability disclosure rules for large listed companies.

By Hui Xu, Paul A. Davies, Jean-Philippe Brisson, and Qingyi Pan

On February 8, 2024, under the auspices of the China Securities Regulatory Commission (CSRC), each of China’s three major stock markets — Shanghai Stock Exchange, Shenzhen Stock Exchange, and Beijing Stock Exchange— unveiled draft guidelines on sustainable development reports (SDRs) (collectively referred to as the Guidelines). The Guidelines require the largest Chinese public companies to publish high-quality and standardized SDRs, and are open for public comment until February 29, 2024.

Mandatory Climate Reporting in Singapore From FY2025

Posted on March 7, 2024

Posted in Environmental Regulation, Environmental, Social, and Governance

The Accounting and Corporate Regulatory Authority and Singapore Exchange Regulation have provided details of mandatory climate reporting for listed issuers and large non-listed companies.

By Paul A. Davies, Farhana Sharmeen, Michael D. Green, James Bee, and Kevin Mak

On 28 February 2024, the Accounting and Corporate Regulatory Authority (ACRA) and Singapore Exchange Regulation (SGX RegCo) introduced regulations for mandatory climate-related disclosures (CRD) (the Regulations). The Regulations will be introduced in a phased approach in line with the recommendations from the Sustainability Reporting Advisory Committee (SRAC).

European Parliament and Council Reach Political Agreement on Right to Repair Directive

Posted on February 12, 2024

Posted in Environmental Regulation, Environmental, Social, and Governance, European Environmental and Public Law

All European Union flags in front of parliament eu

The directive aims to reduce waste and bolster the repair sector.

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

On 2 February 2024, the European Parliament (Parliament) and European Council (Council) reached a provisional deal on a directive promoting the repair of broken or defective goods, known as the Right to Repair Directive.

The directive was proposed in March 2023 by the European Commission[1] (Commission), seeking to deliver on environmental targets outlined in the European…

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