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UK Supreme Court Quashes Planning Permission Due to a Failure to Consider Downstream (Scope 3) Greenhouse Gas Emissions

The Situation: On June 20, 2024, the UK Supreme Court handed down a landmark decision in R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents) [2024]...more

European Court's Landmark Ruling Deems Climate Inaction Amounts to Violation of Human Rights

The Context: Litigation over State obligations to mitigate climate change intensifies globally, with NGOs and individuals pressuring corporations to cut emissions. The European Court of Human Rights ("ECtHR") issued three...more

Third Time's a Charm: EU Moves to Approve the Sustainability Due Diligence Directive

The Council of the European Union ("EU") approved the Corporate Sustainability Due Diligence Directive ("CS3D") on March 15, 2024. The CS3D contains due diligence and governance obligations that will have an extensive impact...more

European Institutions Reach Deal on EU Corporate Sustainability Due Diligence Directive

The Council of Europe and the European Parliament announced on December 14, 2023, that they reached a political agreement on the text of the upcoming European Union ("EU") Corporate Sustainability Due Diligence Directive...more

The Climate Report: Fourth Quarter 2023

REGULATORY ISSUES & UPDATES - Mandatory Climate Change Reporting Requirements Under the New European ESRS E1 - The implementation of the European Sustainability Reporting Standards poses risks for reporting companies,...more

Transitioning Into the European Carbon Border Adjustment Mechanism

As part of the Fit for 55 Package of the EU Green Deal, the EU Carbon Border Adjustment Mechanism("CBAM"), adopted through Regulation (EU) 2023/956 of May 10, 2023, is considered by the EU institutions as a key tool to become...more

Who, What, When: The Impact of the EU CSRD on Non-EU Companies

The EU’s Corporate Sustainability Reporting Directive (“CSRD”) requires the most detailed and onerous ESG reporting and disclosures anywhere in the world. All told, it is estimated that more than 50,000 companies, including...more

The Climate Report: Third Quarter 2023

REGULATORY ISSUES & UPDATES - New CFTC Enforcement on Carbon Markets Misconduct - The U.S. CFTC publishes a rare alert soliciting tips about potential manipulation in the carbon markets and announces the formation of...more

New EU Deforestation Regulation and the Challenges in Its Implementation

In Short - The Situation: The European Union ("EU") has adopted a new regulation designed to tackle deforestation and forest degradation in the EU and globally by preventing European citizens from buying, using, and...more

Greenwashing Landscape: Existing and Forthcoming Legislation in the United Kingdom and European Union

In Short - The Situation: Both the United Kingdom and European Union have recently announced proposals to introduce new legal instruments which address alleged greenwashing. When implemented, such legislation would...more

Evolution of EU Carbon Legislation

On December 13, 2022, the European Parliament and the Council of the EU reached a provisional agreement on the implementation of the EU Carbon Adjustment Mechanism ("CBAM"), the mechanism designed to complement the European...more

EU Commission Proposes Extended Deadlines to Comply with the Medical Device Regulation and In Vitro Diagnostic Regulation

In Short - The Situation: The transition to the new so-called Medical Device Regulation ("MDR") and In Vitro Diagnostic Regulation ("IVDR"), which establish new rules for the placing on the market of medical devices...more

European NGOs Challenge the Inclusion of Natural Gas and Nuclear Energy in the Taxonomy Regulation

As indicated in the previous edition of the Climate Report, on July 15, 2022, the European Union Official Journal published Commission Delegated Regulation (EU) of March 9, 2022. This new delegated regulation includes nuclear...more

11/22/2022  /  Energy Sector , EU , Natural Gas , NGOs , Nuclear Power

European Taxonomy Regulation Extended to Natural Gas and Nuclear Energy

On July 15, 2022, the European Union Official Journal published Commission Delegated Regulation (EU) of March 9, 2022. The new regulation implements European Regulation (EU) 2020/852 of June 18, 2020 (the "Taxonomy...more

EU Commission Proposes Two New Regulations to Tighten Control on Highly Potent Greenhouse Gases

On April 5, 2022, the EU Commission proposed two new regulations to restrict the emission and use of highly potent greenhouse gases, which heavily contribute to global warming, in order to limit global temperature rise and...more

France Regulates the Use of Carbon Neutrality Claims in Advertisements

As part of its legislative arsenal to combat climate change, France adopted the Climate and Resilience Law on August 22, 2021 ("Climate Law"), providing for a large number of binding measures against greenhouse gas ("GHG")...more

European Commission Awards Grants to Seven Large-Scale Projects Under the Innovation Fund

On March 10, 2022, the European Commission ("the Commission") adopted a decision on the award of grants under the Innovation Fund ("the Fund"). A total of seven projects obtained a grant after a first call for large-scale...more

The Climate Report | First Quarter 2022

The delegated regulation includes a new comprehensive and unified reporting methodology to direct investments toward environmentally sustainable economic activities....more

First Year of Implementation for the Taxonomy Regulation in the European Union

As of January 1, 2022, the first delegated acts adopted to supplement European Regulation (EU) 2020/852 of June 18, 2020 (the "Taxonomy Regulation") became applicable. The Taxonomy Regulation sets out a classification system...more

French Regulations Foster a More Climate-Compatible Building Industry

As of January 1, 2022, new French environmental regulations ("RE2020") are coming into force, replacing the former thermic regulations ("RT 2012"). RE2020 creates new rules for the energy, environmental, and health...more

Environmental Labels, Greenwashing, and Ecocide Tackled by France's New Climate Law

On August 22, 2021, the French Parliament adopted the Climate and Resilience Law ("2021 Climate Law"). In aiming to accelerate the transition to a carbon-neutral and more resilient society, the 2021 Climate Law imposes...more

The Impact of French and German ESG Due Diligence Laws on Business

With the recently adopted SDDA, Germany joins France in imposing human rights and environmental due diligence obligations along international supply chains of large companies. The SDDA covers companies based in Germany with...more

European Climate Law Sets a Binding Objective of Climate Neutrality by 2050

The European Union ("EU") recently adopted "Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality" ("European Climate Law")....more

European Courts Face a Rising Tide of Climate Litigation

European courts, both at the Union level and the Member State level, are continuously facing a rising tide of climate litigation cases, with different responses. At the European Union (EU) level, on March 25, 2021 the Court...more

European Commission Launches Innovation Fund Call for Proposals to Support Innovative Clean Energy Projects

On June 25, 2020, the Court of Justice of the European Union ("ECJ") delivered a judgment (C24/19) clarifying that orders and circulars of EU Member States that regulate the installation and operation of wind turbines...more

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