In the December 2023 edition of Regulatory Updates in Asia ESG we provided an update on how jurisdictions across Asia are responding to the International Sustainability Standards Board (ISSB) standards. Several regulators in...more
9/3/2024
/ Asia ,
Climate Change ,
Consultation ,
COP ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Hong Kong ,
IFRS ,
International Regulatory Standards ,
IOSCO ,
Regulatory Standards ,
Sustainability ,
Sustainable Business Practices
The FAQs aim to clarify key aspects of the CSRD, including the scope of the rules, compliance dates, and exemptions.
On 7 August 2024, the European Commission (Commission) published a set of frequently asked questions...more
8/14/2024
/ Climate Change ,
Corporate Counsel ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
Parent Corporation ,
Small and Medium-Sized Enterprises (SMEs) ,
Subsidiaries ,
Sustainability ,
Sustainable Business Practices ,
Third Country Entities (TCEs)
The ESPR aims to make sustainable products the norm in the EU, replacing the current Ecodesign Directive and introducing broader measures for sustainability....more
On 5 July 2024, the final text of the Corporate Sustainability Due Diligence Directive (CSDDD) was entered into the Official Journal of the EU. The CSDDD will enter force on 25 July 2024. This marks the final key step in the...more
7/15/2024
/ Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
EU Directive ,
Member State ,
Reporting Requirements ,
Supply Chain ,
Sustainability ,
Sustainable Business Practices
The CSDDD is set to impose mandatory human rights and environmental due diligence obligations for in-scope companies.
On 5 July 2024, the Corporate Sustainability Due Diligence Directive (CSDDD) was published in the...more
7/9/2024
/ Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
EU Directive ,
Member State ,
Reporting Requirements ,
Supply Chain ,
Sustainability ,
Sustainable Business Practices
The ruling propels UK law enforcement to increase its investigative powers under POCA, and businesses to enhance their supply chain due diligence.
On 27 June 2024, the UK Court of Appeal found that the National Crime...more
7/9/2024
/ China ,
Criminal Investigations ,
Due Diligence ,
Human Rights ,
Imports ,
Law Enforcement ,
National Crime Agency (NCA) ,
Prisoners ,
Proceeds of Crime Act 2002 (POCA) ,
Supply Chain ,
UK ,
Uyghur Forced Labor Prevention Act (UFLPA)
The Standards provide a framework for all Chinese companies’ sustainability disclosures and the applicability extends beyond listed companies.
On May 27, 2024, China’s Ministry of Finance published the new Corporate...more
7/5/2024
/ China ,
Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
IFRS ,
Ministry of Finance ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Reporting Requirements ,
Risk Management ,
Sensitive Business Information ,
Sustainability ,
Sustainable Business Practices
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.
On 20 June 2024, the UK Supreme Court (the...more
7/3/2024
/ Climate Change ,
Energy Projects ,
Energy Sector ,
Environmental Assessments ,
Environmental Impact Statements ,
Environmental Litigation ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Oil & Gas ,
UK ,
UK Supreme Court
The ISSB’s new two-year work plan aims to reduce complexity and build on market-leading frameworks and standards.
...more
The regulation aims to restore 20% of the EU’s land and sea by 2030 and provide a launchpad for achieving long-term nature-related goals through 2050....more
6/28/2024
/ Biodiversity ,
Critical Habitat ,
Environmental Policies ,
EU ,
European Commission ,
Habitat Conservation Plan ,
Land Preservation ,
Marine Life Protections ,
Member State ,
Natural Resources ,
Rehabilitation and Restoration Plans
Denmark’s unprecedented carbon removals fund has facilitated the coexistence of corporate and national carbon claims in carbon accounting.
In the past few years, stakeholders in the carbon market have debated how to...more
6/20/2024
/ Carbon Capture and Sequestration ,
Carbon Emissions ,
Climate Change ,
Corporate Governance ,
Denmark ,
Disclosure Requirements ,
Energy Projects ,
Market Participants ,
Paris Agreement ,
Subsidies ,
Sustainability ,
Sustainable Business Practices
This guidance aims to support the preparation and analysis of reports using the European Sustainability Reporting Standards.
On 31 May 2024, EFRAG published the first three Implementation Guidance (IG) documents relating...more
6/19/2024
/ Climate Change ,
Compliance ,
Corporate Governance ,
EU ,
EU Directive ,
Materiality ,
New Guidance ,
Reporting Requirements ,
Risk Assessment ,
Supply Chain ,
Sustainability ,
Sustainable Business Practices
The Tribunal confirmed that States party to UNCLOS must take measures to prevent marine pollution caused by climate change, on top of their obligations under the Paris Agreement.
On 9 April 2024, the International...more
5/30/2024
/ Advisory Opinions ,
Climate Change ,
EU ,
European Court of Human Rights ,
Greenhouse Gas Emissions ,
International Court of Justice (ICJ) ,
Mandatory Requirements ,
Maritime Transport ,
Paris Agreement ,
Tribunals ,
United Nations ,
United Nations Convention on the Law of the Sea (UNCLOS)
On 16 May 2024, the government published updated guidance regarding the UK Sustainability Disclosure Requirements (SDR) framework.
The SDR was first set out in Greening Finance: A Roadmap to Sustainable Investing in...more
5/28/2024
/ Climate Change ,
Consultation ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
New Guidance ,
Publicly-Traded Companies ,
Reporting Requirements ,
Sustainability ,
Sustainable Business Practices ,
Transitional Arrangements ,
UK
On 24 March 2024, the European Parliament approved the Corporate Sustainability Due Diligence Directive (CSDDD) with a vote of 374 in favour (compared with 235 votes against and 19 abstentions)....more
4/26/2024
/ Compliance ,
Corporate Governance ,
Disclosure Requirements ,
Due Diligence ,
EU ,
EU Directive ,
European Parliament ,
Member State ,
Supply Chain ,
Sustainability ,
Sustainable Business Practices
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...more
The Eighth Circuit is poised to determine the fate of the SEC’s final climate regulation, potentially by the end of the year.
On March 21, 2024, the US Court of Appeals for the Eighth Circuit was selected as the court that...more
4/9/2024
/ Administrative Procedure Act ,
Case Consolidation ,
Chevron Deference ,
Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
Final Rules ,
Greenhouse Gas Emissions ,
Rules of Civil Procedure ,
Securities and Exchange Commission (SEC) ,
Statutory Interpretation ,
Sustainable Business Practices
The proposed regulation would ban forced labour-made products from the EU market, affecting companies’ supply chains and requiring compliance checks.
On 5 March 2024, the European Parliament and European Council...more
3/25/2024
/ Compliance ,
Compliance Monitoring ,
Due Diligence ,
EU ,
European Council ,
European Parliament ,
Exports ,
Forced Labor ,
Human Rights ,
Member State ,
Proposed Rules ,
Supply Chain ,
Third Country Entities (TCEs)
The long-awaited rules, already at the center of political debate and litigation, represent another global regulatory effort to integrate climate considerations into financial reporting.
On March 6, 2024, nearly two years...more
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.
On March 15, 2024, the US Court of Appeals for the Fifth Circuit...more
3/21/2024
/ Administrative Procedure Act ,
Annual Reports ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Popular ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
Following extended negotiations, the directive was endorsed with a significantly narrower scope that would reduce the number of companies affected.
On 15 March 2024, EU Member States endorsed the Belgian Presidency’s...more
3/18/2024
/ Belgium ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
EU Directive ,
European Council ,
European Parliament ,
Germany ,
Member State ,
Supply Chain ,
Sustainability ,
Sustainable Business Practices
The guidelines aim to transform China’s approach to ESG by introducing sustainability disclosure rules for large listed companies.
On February 8, 2024, under the auspices of the China Securities Regulatory Commission...more
3/15/2024
/ China ,
Climate Change ,
Compliance ,
Compliance Dates ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Publicly-Traded Companies ,
Regulatory Authority ,
Shanghai Stock Exchange ,
Shenzhen Stock Exchange (SZSE) ,
Stock Exchange ,
Sustainability ,
Sustainable Business Practices
On March 6, 2024, in a 3-2 vote, the US Securities and Exchange Commission (SEC) adopted final rules requiring registrants to disclose certain climate-related information in registration statements and annual reports. ...more
3/7/2024
/ Annual Reports ,
Climate Change ,
Compliance ,
Compliance Dates ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Final Rules ,
Greenhouse Gas Emissions ,
Publicly-Traded Companies ,
Registration Statement ,
Regulation S-K ,
Regulation S-X ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Task Force on Climate-related Financial Disclosures (TCFD)
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.
On 28 February 2024, the...more
The stock exchanges of Malaysia, Indonesia, Thailand, and Singapore have partnered to advance sustainability in ASEAN through the development of an interregional ESG ecosystem.
On February 15, 2024, Bursa Malaysia Berhad...more