A look at three key regulatory developments in the EU and US - proposed EU Corporate Sustainability Due Diligence and Reporting Directives and US SEC Climate Change Disclosure Rules...more
7/15/2022
/ Climate Change ,
Corporate Counsel ,
CSDR ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
Regulatory Agenda ,
Regulatory Reform ,
Securities and Exchange Commission (SEC) ,
Sustainability
In a setback for climate change claimants, on 15 March 2022 a three-judge panel of the Full Federal Court of Australia overturned the earlier decision of the Federal Court of Australia in Sharma v Minister for the...more
3/30/2022
/ Appeals ,
Australia ,
Carbon Emissions ,
Class Action ,
Climate Change ,
Coal Mines ,
Duty of Care ,
Environmental Litigation ,
EPBC Act ,
Estoppel ,
Evidence ,
Expert Witness
On 15 December 2021, the European Commission adopted a proposal for a new EU Directive1 aimed at tightening compliance with EU environmental laws through the introduction of new criminal offences, increased sanctions and...more
Climate change litigation is increasing steadily worldwide, but few cases have been filed yet in Africa -
Only 10 climate change cases have so far been raised on the African continent."
Climate change litigation covers a...more
As yet another sign of the surge of climate change litigation around the world, yesterday the Brussels Court of First Instance found the Belgian federal and regional governments in breach of their duty of care and human...more
The UK Supreme Court has issued the latest in a series of landmark decisions on parent company liability under English law for claims alleging environmental damage and human rights abuses.
In a unanimous reversal of the...more
2/23/2021
/ Corporate Counsel ,
Corporate Governance ,
Due Diligence ,
Duty of Care ,
Environmental Violations ,
Foreign Subsidiaries ,
Human Rights ,
Internal Controls ,
Nigeria ,
Parent Corporation ,
UK Supreme Court ,
Zambia
In its recent decision in R (on the application of Friends of the Earth Ltd and others) v Heathrow Airport Ltd, the Supreme Court reversed the Court of Appeal's decision that the planned expansion of Heathrow Airport was...more
In Damoco (Bermuda) Ltd and Others v Atlanta Bidco Ltd, the High Court rejected claims as to the longstop date for accounts needed to calculate a contractual payment. Instead, the Court adopted a much narrower interpretation...more
The Court of Appeal's recent decision in Kadie Kalma & Ors v African Minerals Ltd stands as a stark reminder of the risks and responsibilities companies bear when operating in sectors and jurisdictions with a high risk of...more
3/21/2020
/ Africa ,
Appeals ,
Dismissals ,
Duty of Care ,
Human Rights ,
Mining ,
Negligence ,
Parent Corporation ,
Police Brutality ,
Police Misconduct ,
Third-Party Service Provider ,
UK ,
Vicarious Liability
In its recent decision in R. v Secretary of State for Transport, the Court of Appeal ruled that the UK Government had failed to take into account the commitments it made under the 2016 Paris Agreement on climate change when...more
The recent outbreak of the coronavirus has quickly developed from a local to a global threat with tragic human losses that overshadow contemplations of its economic impact. However, the disease is likely to have a profound...more
The ICC has identified six procedural features for parties to consider when arbitrating climate change related disputes.
Introduction -
The ICC Task Force on the Arbitration of Climate Change Related Disputes released...more
Mounting pressure on businesses to gain clarity on their social and environmental footprint will challenge corporate operations in 2019. New risks are present but there are also opportunities for companies willing actively to...more
4/5/2019
/ Benchmarking ,
Climate Change ,
Common Law Torts ,
Conflict Mineral Rules ,
Corporate Governance ,
Environmental Litigation ,
Environmental Social & Governance (ESG) ,
Financial Services Industry ,
Foreign Subsidiaries ,
Human Rights ,
Investors ,
Mass Tort Litigation ,
Mineral Extraction ,
Native American Issues ,
Parent Corporation ,
Popular ,
Publicly-Traded Companies ,
Resource Extraction ,
Supply Chain ,
Technology Sector ,
Transparency