The government’s plan to tackle internal and imported plastic waste is the latest phase in China’s clean energy commitment. By Paul A. Davies and R. Andrew Westgate Although China’s ambitious targets for reducing carbon emissions and air pollution have received global attention and coverage, the country’s significant steps to reduce solid waste pollution have been … Continue Reading
Webcast addresses recent EPA and DOJ policy developments with important implications for permitting, enforcement, and litigation. By Joel C. Beauvais, Julia A. Hatcher, Karl A. Karg, Claudia M. O’Brien, and Stacey L. VanBelleghem Latham’s Environment, Land & Resources Department hosted a 60-minute webcast on March 29, “New Trump Administration Policies on Environmental Enforcement, Settlements, and … Continue Reading
China’s Ministry of Environmental Protection’s increased authority over climate change and pollution control issues indicates a greater enforcement role for central government. By Paul A. Davies and Andrew Westgate The Chinese government has announced a major reorganization of China’s ministries that comprise the Chinese central government at a session of the 13th National People’s Congress in … Continue Reading
Companies should conduct thorough due diligence in light of closer scrutiny from stakeholders and governmental and non-governmental bodies. By James Inness and Natasha Hamilton-Foyn Companies are facing increasing pressure to report on environmental, social, and governance (ESG) matters in terms of their legal obligations, stakeholder pressure, and reputational issues. Companies are subject to both mandatory … Continue Reading
Webcast addresses recent developments involving the California Environment Quality Act. By Marc Campopiano, Chris Garrett, and Winston Stromberg The Project Siting & Approvals Practice hosted a 60-minute webcast on February 21, “CEQA Developments: How New Proposed Regulations and Streamlined Legislation Will Impact California Projects.” Speakers provided an overview of the proposed updates to the California … Continue Reading
Transparency regarding mitigation and financing rules likely to be key hurdles to overcome in achieving climate goals. By Rosa Espin, Paul Davies, and Michael Green The European Commissioner for Climate Action and Energy, Miguel Arias Cañete, recently commented on momentum in the European Union (EU) regarding climate change and the action that countries across the … Continue Reading
By Tommy Beaudreau, Janice Schneider, and David Amerikaner New York Governor Andrew Cuomo released the 2018 Clean Energy Jobs and Climate Agenda last week as the 20th proposal of his 2018 State of the State address. The far-reaching proposal charts a path forward for further progress in advancing clean energy in New York this year, … Continue Reading
By Joshua Bledsoe, Sara Orr, and Bobbi-Jo Dobush Major investors with collective control of more than US$26.3 trillion are continuing to push for an increase in public companies’ governance, oversight, and disclosure of climate-related risk. Unveiled on December 12, 2017 at the One Planet Summit in Paris, the Climate Action 100+ is designed to promote the … Continue Reading
By Marc Campopiano and Shannon Cheng A proposed Scoping Plan Update released by the California Air Resources Board (ARB) targets the land use sector and development projects for greenhouse gas (GHG) reductions. The proposed update was spurred by the passage of Senate Bill (SB) 32 and Assembly Bill (AB) 398, which codified California’s goal of reducing … Continue Reading
By Joern Kassow and Patrick Braasch Latham has previously written about the Lliuya v. RWE AG case, in which a Peruvian farmer has sought damages from German energy giant RWE for climate change effects in his home country. The Higher Regional Court of Hamm indicated during oral hearings that it would likely proceed to take … Continue Reading
By Jörn Kassow and Patrick Braasch A German appeals court has indicated in a groundbreaking civil action that major CO2 producers may be directly liable for global environmental damage caused by climate change. Mr Saúl Luciano Lliuya, a Peruvian farmer, has alleged that RWE AG, Germany’s second-largest electricity producer, is responsible for the impact of … Continue Reading
By Michael Green and Paul Davies Following decision C(2017)7124 of the European Commission (EC), the EC has launched its Work Programme for 2018 (WP 2018). WP 2018 outlines plans for achieving the EC’s primary policy objectives during the next 12 months — with particular attention to environmental issues. WP 2018 outlines four “Focus Areas” (FAs) … Continue Reading
By Paul Davies, Bridget Rose Reineking and Andrew Westgate At the 19th National Congress of the Chinese Communist Party, President Xi Jinping asserted his country’s emerging leadership in environmental stewardship and pledged to build a “beautiful China”. In his speech to the 2,300 delegates and guests assembled for the Congress’s opening session, President Xi lauded China’s … Continue Reading
By Paul Davies and Michael Green Six Portuguese children are raising funds to sue 47 European countries, asserting that their right to life has been threatened because governments have allegedly failed to adequately deal with climate change. With the support of lawyers from the Global Legal Action Network (GLAN), the children will ask nations in … Continue Reading
By Paul Davies and Michael Green The UK government has announced that it is bringing together a new taskforce led by senior financiers in order to encourage the growth of “green finance”. The taskforce, which will be chaired by Sir Roger Gifford, former lord mayor of London, has six months to develop proposals aimed at … Continue Reading
By Paul Davies and Andrew Westgate Chinese policymakers have indicated that the country’s Emissions Trading System (ETS) — which will be the largest system of its kind globally and the centerpiece of Chinese climate change policy — is likely to launch in November 2017 “at the very earliest”. The delay will enable China to announce … Continue Reading
By Paul Davies and Michael Green On 8 July 2017, the G20 summit in Hamburg issued a Climate and Energy Action Plan for Growth (the Plan). The Plan reaffirms the commitment of the countries (excluding the United States (US) — which announced its intended withdrawal from the Paris Agreement) to work together to implement the … Continue Reading
By Paul Davies and Michael Green On 29 June 2017, the Task Force on Climate-related Financial Disclosure (TCFD) published its final recommendations. The TCFD set out information that companies should disclose to enable investors, lenders, and insurance underwriters to better understand how companies oversee and manage climate-related financial risk. Ultimately, the aim is to strike … Continue Reading
By Paul Davies and Michael Green On 16 June 2017, the Bank of England (BoE) published an article setting out its response to climate change, explaining that climate change and society’s response to it presents certain financial risks. These risks arise through two main ways: The physical effects of climate change such as droughts, floods … Continue Reading
By Paul Davies and Andrew Westgate On June 1, 2017, President Trump announced during a speech at the White House that the United States will withdraw from the Paris Agreement, fulfilling a campaign pledge to end the agreement that the President argued would harm the U.S. economy. Supporters of the Paris Agreement had lobbied for … Continue Reading
By Paul Davies and Rosa Espin Spain is leading the fight against climate change with a proposed new Climate Change and Energy Transition Law. The Spanish government regards climate change as one of the greatest challenges facing the country. Since 22 April 2016, the Paris Agreement (which sets out a global action plan to avoid … Continue Reading
By Paul Davies and Michael Green New Zealand’s Parliament has just passed a bill to enable the Whanganui River to be recognised as a legal person. It will now be represented by two nominees: one appointed by the Maori community (or Iwi), and another appointed by the government. Part of the settlement includes a fund … Continue Reading
By Paul Davies and Andrew Westgate Climate change has become a key concern for China in recent years, as evidenced by its pledge to reduce carbon emissions per unit of GDP by 60% from 2015 levels by 2030. As we have previously written, it has also become a leader in the emerging field of green … Continue Reading
By Paul Davies and Michael Green Commercial risks to businesses can no longer be neatly divided into financial and non-financial considerations. For example, there is growing recognition, particularly in the pensions sector, that a failure to take account for environmental and social governance (ESG) risks (in particular, climate change risks) can result in adverse financial … Continue Reading
