Latin America increases involvement in compliance and voluntary carbon markets activity.
Three factors distinguish Latin America as a potential leader in carbon markets: its adoption of carbon markets at the national and...more
Greenhouse gas emissions reduction or removal credit transactions allow governments, companies or individuals to purchase credits that are often referred to as "carbon credits" in an effort to mitigate climate change by...more
The Inflation Reduction Act of 2022 (the "IRA"), signed into law on August 16, 2022, is already causing shock waves in the renewables industry and energy transition space. Specifically, the IRA includes significant tax credit...more
8/18/2022
/ Apprenticeships ,
Biden Administration ,
Carbon Capture and Sequestration ,
Energy Tax Incentives ,
Inflation Reduction Act (IRA) ,
Innovative Technology ,
Investment Tax Credits ,
Popular ,
Production Tax Credit ,
Renewable Energy Incentives ,
Solar Energy ,
Wage and Hour ,
Wind Power
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
On June 30, 2022, the Supreme Court ruled that the US Environmental Protection Agency (EPA) cannot use the Clean Air Act to require fossil fuel power facilities to implement a measure known as "generation shifting" without...more
The regulatory landscape for ESG disclosure by U.S. public companies faces potentially dramatic changes, with the Securities and Exchange Commission ("SEC") proposing rules that would mandate comprehensive climate change...more
On May 25, 2022, the US Securities and Exchange Commission (the "SEC") proposed two form and rule amendments seeking to enhance and standardize disclosures related to environmental, social and governance ("ESG") factors...more
During the last several years, airlines have announced aggressive ESG targets. A significant component of many of these targets is the need for airlines to source more sustainable airline fuel and become less reliant on...more
5/3/2022
/ Airlines ,
Aviation Industry ,
Carbon Emissions ,
Climate Change ,
Environmental Social & Governance (ESG) ,
Investment ,
Investors ,
Net Zero ,
Popular ,
Renewable Fuel ,
Sustainability
On March 21, 2022, in a landmark proposal, the Securities and Exchange Commission ("SEC") proposed rules that would require public companies to disclose extensive climate-related information in their SEC filings....more
3/25/2022
/ Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Greenhouse Gas Emissions ,
Proposed Regulation ,
Publicly-Traded Companies ,
Regulation S-K ,
Regulation S-X ,
Regulatory Agenda ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
On February 15, the White House announced initiatives focused on a "cleaner" industrial sector in the United States. A fact sheet detailing the announcement highlights federal agency actions relating to what the White House...more
This memorandum outlines key considerations from White & Case's Public Company Advisory Group for foreign private issuers ("FPIs") during the 2022 annual reporting season.
This memo describes our key considerations for...more
2/2/2022
/ Balance Sheets ,
Compliance ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Corporate Governance ,
Disclosure Requirements ,
Emerging Growth Companies ,
Environmental Social & Governance (ESG) ,
Financial Statements ,
Foreign Private Issuers ,
Form 20-F ,
GAAP ,
Libor ,
MD&A Statements ,
New Guidance ,
Non-GAAP Financial Measures ,
Publicly-Traded Companies ,
Risk Factors ,
Securities and Exchange Commission (SEC)
This is Part I of a two-part series outlining key considerations from White & Case's Public Company Advisory Group for US public companies during the 2022 annual reporting and proxy season.
Part I of this memo describes...more
1/12/2022
/ Annual Reports ,
Audits ,
Climate Change ,
Compliance ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Equity ,
Form 10-K ,
Human Capital ,
Libor ,
Non-GAAP Financial Measures ,
Proxy Season ,
Risk Assessment ,
Securities and Exchange Commission (SEC) ,
Supply Chain
In the past few weeks, both major proxy advisory firms, Institutional Shareholder Services ("ISS") and Glass Lewis & Co. LLC ("Glass Lewis"), have issued their updated proxy voting guidelines for the 2022 proxy season. These...more
12/16/2021
/ Board of Directors ,
Climate Change ,
Corporate Governance ,
Disclosure ,
Diversity ,
Environmental Social & Governance (ESG) ,
Glass Lewis ,
Institutional Shareholder Services (ISS) ,
Proxy Advisory Firms ,
Proxy Season ,
Proxy Voting Guidelines ,
Publicly-Traded Companies ,
Regulatory Oversight ,
Shareholder Proposals ,
Shareholders ,
Special Purpose Acquisition Companies (SPACs)
The Paris Agreement approved by the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change ("UNFCCC") aims to (i) hold the increase in the global average temperature to well below 2 °C...more
Over April 22nd and 23rd, the Biden administration hosted 40 world leaders in a climate summit coinciding with Earth Day. The leaders announced a variety of pledges and ambitions relating to curbing greenhouse gas emissions...more
4/28/2021
/ Air Pollution ,
Biden Administration ,
Clean Air Act ,
Climate Change ,
Earth Day ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Oil & Gas ,
Paris Agreement ,
Regulatory Agenda
While ESG issues have been a "hot topic" for several years, in recent weeks, the SEC has significantly increased its focus on the topic, paying particular attention to climate:
- Corp Fin to Focus on Climate Disclosure: On...more
This week, as part of a series of significant executive actions, President Biden issued an executive order directing the United States Department of Interior (DOI) to pause new oil and natural gas leasing on federal public...more
1/29/2021
/ Biden Administration ,
Bureau of Land Management ,
Climate Change ,
Executive Orders ,
Federal Land ,
Federal Leasing Regulations ,
Fossil Fuel ,
Natural Gas ,
Oil & Gas ,
Secretary of the Interior ,
Tribal Lands
On January 15, 2021, the US Environmental Protection Agency (the EPA) announced that it approved an application from the State of Texas to administer the National Pollutant Discharge Elimination System (NPDES) program for...more
This is Part I of a two-part memorandum series outlining key considerations from White & Case’s Public Company Advisory Group for US public companies during the 2021 annual reporting and proxy season.
Part I of this memo...more