News & Analysis as of

Carbon Off-Set Credits

Cadwalader, Wickersham & Taft LLP

A Classic Commodity Ponzi Scheme Raising Novel Issues for Pools and Carbon Credits

The Federal U.S. District Court for the Northern District of Illinois entered an Order granting summary judgement for the U.S. Commodity Futures Trading Commission on July 1, 2024 and ordered $83 million in restitution and...more

Paul Hastings LLP

CFTC Faces Pressure on Voluntary Carbon Credit Derivative Contracts and Carbon Credit Trading

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On July 31, 2024, nine Democratic lawmakers from the House and Senate wrote a letter to the Commodity Futures Trading Commission’s (“CFTC”) Chairman in support of the proposed guidance regarding the listing of voluntary...more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - August 2024

In this week’s edition, we discuss a Colombian court’s ruling in favor of an indigenous community who challenged the legality of a carbon credit project and a letter written by environmental activist groups to 71 airlines...more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - July 2024

In this week’s edition of Cadwalader Climate, we discuss the EU’s final approval of the long-awaited – and highly debated – Nature Restoration Law. Staying on theme, we discuss the European Council’s agreement to adopt...more

K&L Gates LLP

ESG—Australia - Carbon Offsets: Australian Regulatory Framework

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Taylor Swift’s “Eras Tour” was one of the highest grossing music tours of all time with approximate proceeds exceeding US$1 billion. While this is a monumental feat, Taylor Swift also gained negative attention during the tour...more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - June 2024 #3

In this week’s edition, our focus remains on carbon credits where the first ever set of “Core Carbon Principles”-labelled carbon credits were approved. The three European supervisory authorities publish their final reports on...more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - June 2024 #2

In this week’s edition, we discuss the U.S. government’s proposed guidelines for the ever-controversial voluntary carbon markets. In the EU, ESMA published a report of its findings on greenwashing in the marketing materials...more

Mayer Brown

Voluntary Carbon Markets

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On May 28 2024, the Biden administration released the “Voluntary Carbon Markets Joint Policy Statement and Principles”. This is one of a number of recent international initiatives to “shore up” the voluntary carbon markets...more

Davis Wright Tremaine LLP

Navigating California's New Climate Laws: AB 1305 and Voluntary Carbon Offsets

With the voluntary carbon offset market being unregulated in the United States, California Assembly Bill No. 1305 (AB 1305) was enacted to confirm the authenticity of claimed emissions offsets, emphasizing the need to ensure...more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - April 2024 #4

In this week’s edition, we discuss the European Parliament’s approval of a certification framework that is set to govern carbon removal activities, including the proper certification of carbon credits. Europe continues to...more

Cadwalader, Wickersham & Taft LLP

CFTC’s MRAC Tackles AI and Climate Change

On Friday, March 15, 2024, Commodity Futures Trading Commission (“CFTC”) Market Risk Advisory Committee (“MRAC”) convened two roundtables in Washington DC....more

Katten Muchin Rosenman LLP

District Court Refuses to Dismiss Putative Class Action Challenging Meaning of 'Carbon Neutral' Claim

Advertisers wishing to emphasize their environmental progressiveness often assert that their products or processes are "carbon neutral." This is meant to convey that there are no net emissions of carbon associated with the...more

Holland & Knight LLP

California Mandates Greenhouse Gas Emissions Disclosures Beginning Jan. 1, 2024

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Assembly Bill 1305 (AB 1305), also called the Voluntary Market Disclosures Act, is a new California statute requiring companies to make certain disclosures if they make claims in the state regarding greenhouse gas (GHG)...more

Pillsbury Winthrop Shaw Pittman LLP

California Combats Greenwashing with New Voluntary Carbon Offset and Carbon-Neutral and Low-Carbon Product Disclosure Law

California’s unprecedented AB 1305 law purports to target “greenwashing” by mandating public disclosures about virtually any claim of “significant” carbon reductions, but its broad wording and uncertain effective date raise...more

Cadwalader, Wickersham & Taft LLP

CFTCs Increased Reach over Environmental Commodities

During 2023 the Commodity Futures Trading Commission (CFTC) engaged in several regulatory actions aimed at further clarifying its jurisdictional reach over environmental commodity markets generally and the voluntary carbon...more

Holland & Knight LLP

CFTC Moves to Set Voluntary Carbon Market Standards

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The Commodity Futures Trading Commission (CFTC) issued proposed guidance (the Proposed Guidance) regarding the listing of voluntary carbon credit (VCC) derivatives on CFTC-regulated exchanges on Dec. 4, 2023. The CFTC's goal...more

ArentFox Schiff

Top 10 ESG Developments for 2023

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2023 saw terms like “ESG,” “greenwashing,” and “circular economy” come into common use. We also saw a tsunami of other environmental, social, and governance (ESG)-related developments at the international, federal, and state...more

Cadwalader, Wickersham & Taft LLP

Australian Government Seeks Input on Implementation of Carbon Credit Scheme

In August 2023, the Australian Department of Climate Change, Energy, the Environment and Water (DCCEEW) solicited feedback on proposed amendments to the Australian Carbon Credit Unit (ACCU) Scheme. This is the third step in...more

BakerHostetler

New Regulations and Standards Look to Clean Up the Voluntary Carbon Market and Fight Greenwashing

BakerHostetler on

As businesses across the globe strive to fulfill carbon-neutral and net-zero promises over the coming decades, the voluntary carbon market has emerged as a necessary resource to help businesses bridge the gap to...more

Holland & Knight LLP

Podcast - Cracking Down on Carbon Markets: CFTC and FTC Exercise Heightened Scrutiny

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This episode of the "Eyes on Washington" podcast series by Holland & Knight's Public Policy & Regulation Group is presented by attorneys Halley Townsend, Andy Kriha and Alex Holtan of the firm's Greenwashing Mitigation Team....more

Holland & Knight LLP

Double Jeopardy for Double Counting? CFTC and FTC Both Scrutinize Fraud in Carbon Markets

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The Federal Trade Commission (FTC) and Commodity Futures Trading Commission (CFTC) have recently and aggressively signaled their intent to ramp up enforcement activity regarding the use of carbon offsets to make environmental...more

Paul Hastings LLP

Carbon Offsets and Voluntary Carbon Markets – Opportunities and Uncertainty

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The voluntary carbon market is rapidly growing to match the increasing focus by corporate leaders on ESG efforts and net-zero goals. In 2021, the voluntary carbon market reached $2 billion, and by some estimates may be worth...more

Holland & Knight LLP

FTC Proposes to Clarify Green Guides for Climate Claims Based on Carbon Offsets

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For the first time since 2012, the Federal Trade Commission (FTC or Commission) is actively evaluating potential updates to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides) to provide clarity...more

Holland & Knight LLP

Airline Sued for Greenwashing Over Use of Carbon Offsets

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A consumer filed a class action lawsuit against a commercial airline on May 30, 2023, in the U.S. District Court for the Central District of California alleging three violations of California state law related to unfair and...more

ArentFox Schiff

Rise in VCM Business May Trigger CFTC Oversight on Sales of Carbon Offset Credits

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Many major companies have announced a blueprint to minimize their carbon footprint. Some companies have gone so far as to proclaim that they will achieve “net zero” emissions in the near future. To accomplish their climate...more

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