REGULATORY ISSUES & UPDATES -
Update on Australia's New Climate-Related Financial Disclosure Regime -
Australia's mandatory climate-related financial disclosure regime is inching closer to implementation after the proposed...more
9/23/2024
/ Clean Air Act ,
Clean Energy ,
Climate Change ,
Disclosure Requirements ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Popular ,
Tax Credits
Australia's mandatory climate-related financial disclosure regime is inching closer to implementation after the proposed legislative reforms were passed by both Houses of Parliament in September 2024. As discussed in our...more
ESG-related enforcement remains a top priority and focus for Australia's corporate regulators. Since our last update, there has been a steady stream of enforcement activity aimed at climate-related representations and...more
9/17/2024
/ ASIC ,
Australia ,
Australian Competition and Consumer Commission (ACCC) ,
Australian Consumer Law ,
Climate Change ,
Enforcement Actions ,
Enforcement Priorities ,
Environmental Claims ,
Environmental Policies ,
Greenwashing ,
Investment
The Development: On August 22, 2024, the Australian Senate passed the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Bill 2024 ("Bill")....more
This White Paper focuses on ESG developments through the Asia-Pacific (“APAC”) region since the start of 2024.
For businesses present in the APAC region, as well as doing business there, it is imperative to be vigilant of...more
7/24/2024
/ Asia Pacific ,
Climate Action Plan ,
Climate Change ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
EU ,
Green Energy ,
Greenwashing ,
Net Zero ,
Regulatory Agenda ,
Reporting Requirements
Recent legal and regulatory developments, including the joint release of APRA and ASIC guidance concerning the new Financial Accountability Regime, APRA's announcement that it will publish superannuation expense data to...more
REGULATORY ISSUES & UPDATES -
Recent Evolution of the European Regulatory Framework on Greenwashing -
Two new Directives adopted by the EU in 2024—the "Empowering Consumers Directive" and the "Green Claims...more
6/20/2024
/ Air Pollution ,
Carbon Capture and Sequestration ,
Carbon Emissions ,
Clean Air Act ,
Clean Energy ,
Climate Change ,
Disclosure Requirements ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Human Rights ,
Net Zero ,
Power Plants ,
Securities and Exchange Commission (SEC) ,
Sustainability ,
Tax Credits
On 27 March 2024, Australia's climate disclosure regime moved a significant step closer to implementation, with the federal government's introduction of proposed legislation into Parliament. Any organisations with a presence...more
4/17/2024
/ ASIC ,
Audits ,
Australia ,
Climate Change ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Financial Reporting ,
Greenhouse Gas Emissions ,
Popular ,
Proposed Legislation ,
Regulatory Agenda ,
Sustainability
The U.S. Securities and Exchange Commission has adopted much anticipated climate-related disclosure rules....more
3/18/2024
/ Climate Change ,
Disclosure Requirements ,
Emissions Trading System ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Federal Highway Administration ,
Financial Institutions ,
Green Buildings ,
Green Energy ,
Green Infrastructure ,
Greenhouse Gas Emissions ,
Greenwashing ,
Proposed Rules ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
UK
Australia continues to be a highly active jurisdiction for climate-related lawsuits. Since our last update in August 2023, we have seen a steady stream of suits commenced against corporations and government bodies in relation...more
3/18/2024
/ ASIC ,
Australia ,
Climate Action Plan ,
Climate Change ,
Environmental Claims ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Environmental Violations ,
Greenhouse Gas Emissions ,
Greenwashing ,
Net Zero ,
Popular ,
Renewable Energy
The impact of ESG (environmental, social & governance) laws, regulations, and obligations has increased in recent times at an almost incomprehensible rate. This is particularly true in the Asia-Pacific (“APAC”) region. Within...more
2/13/2024
/ Civil Penalty Fund ,
Climate Change ,
Corporate Social Responsibility ,
Critical Infrastructure Sectors ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Services Industry ,
Green Energy ,
Greenwashing ,
Natural Resources ,
Regulatory Requirements ,
Shareholders ,
Solar Energy
The Situation: The Australian government has released its widely anticipated exposure draft legislation for the introduction of Australia's national mandatory climate-related financial disclosures regime....more
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
12/5/2023
/ Clean Water Act ,
Climate Action Plan ,
Climate Change ,
Data Protection ,
Disclosure Requirements ,
Environmental Protection Agency (EPA) ,
EU ,
European Commission ,
Federal Agency Taskforce ,
Green Initiatives ,
Greenhouse Gas Emissions ,
NEPA ,
Net Zero ,
Reporting Requirements ,
Risk Management ,
SFDR ,
State and Local Government ,
Sustainability ,
Taxonomy ,
U.S. Treasury ,
UK
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
8/18/2023
/ Airlines ,
CARB ,
CFTC ,
Climate Change ,
Environmental Protection Agency (EPA) ,
EU ,
Greenhouse Gas Emissions ,
Greenwashing ,
HFC Emissions ,
Shareholder Litigation ,
UK
Australia continues to be a highly active jurisdiction for climate-related lawsuits. The last few years have seen multiple suits commenced against corporations and governments in relation to climate issues, with more filings...more
"Green Day" in the UK -
As part of its "Powering Up Britain" strategy, the UK government has published a series of documents setting out its vision for the UK's transition to net zero and the strengthening of UK energy...more
On 4 November 2021, the Federal Court of Australia made orders by consent which require the Commonwealth Bank of Australia ("CBA") to permit the plaintiff shareholders to inspect and make copies of books and records that...more
The Applicant's Claims -
In July 2020, Ms. Kathleen O'Donnell commenced a representative proceeding on her own behalf and on behalf of all persons who at any time on or since 7 July 2020 have acquired certain types of...more
The Situation: In a landmark judgment, on 27 May 2021, the Federal Court of Australia ruled in Sharma v Minister for the Environment [2021] FCA 560 (Sharma) that, when deciding whether or not to grant approval to a coal mine...more
A major superannuation fund has promised to enhance its management of climate change risks, disclose to members how those risks are addressed and align its investment portfolios to net-zero emissions by 2050.
In mid-2018,...more