News & Analysis as of

Australia Environmental Policies

Jones Day

Australian Corporate Regulators Continue to Target Environmental Claims and Greenwashing in Enforcement Activities

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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

Jones Day

Coming Soon: Mandatory Climate Disclosure Laws in Australia

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The Development: On August 22, 2024, the Australian Senate passed the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Bill 2024 ("Bill")....more

K&L Gates LLP

June 2024 ESG Policy Update—Australia

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Australian Update - Australia and EU Enter Into Critical and Strategic Minerals Partnership - On 28 May 2024, Australia and the European Union (EU) signed a Memorandum of Understanding (MOU) for a bilateral partnership to...more

White & Case LLP

Proposed Australian Environmental Law Reforms

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The Australian Federal Minister for the Environment and Water has tabled proposed laws before the Australian Parliament to establish new national environmental agencies, enhance their enforcement powers and establish the...more

Jones Day

Australia's Climate Disclosure Regime Moves Closer to Implementation Beginning 1 January 2025

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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

Jones Day

Climate Litigation in Australia Remains Active

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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

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

Jones Day

Climate Litigation in Australia: Current State of Play

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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

Cadwalader, Wickersham & Taft LLP

Australian Financial Regulator Mandated to Adopt Climate Reporting Standards

In June 2023, the Australian government published an updated Statement of Expectations for the Australian Prudential Regulation Authority (APRA), requiring it to, among other things, “promote prudent practices and...more

White & Case LLP

A baseline-and-credit greenhouse gas emissions system for Australia: Reforms to the Safeguard Mechanism

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On 30 March 2023, the Australian Federal Parliament passed the Safeguard Mechanism (Crediting) Amendment Act 2023 (Cth) (Safeguard Act). The Safeguard Act, together with the Federal government's proposed reforms to the design...more

Jones Day

Shake-Up of the Australian Carbon Market

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Accelerating Emissions Reductions - Over the coming weeks and months, the Australian Parliament will debate proposed reforms to important aspects of the country's emissions reduction plans. If enacted, the reforms will...more

Cadwalader, Wickersham & Taft LLP

Australian Carbon Market and Safeguard Mechanism Reform

A recently published independent review of Australia’s carbon credit units (ACCU) scheme, commissioned by the Australian government, has found that the ACCU scheme is “essentially sound,” but provides 16 recommendations to...more

Cadwalader, Wickersham & Taft LLP

Investors Question Mining Giant Over Thermal Coal Plans

A group of institutional investors led by the Australian Centre for Corporate Responsibility (ACCR) and the NGO ShareAction has filed a shareholder resolution seeking details of the “specific plan” for Glencore PLC, a...more

Jones Day

Australian Carbon Credit Scheme Under Scrutiny

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With a change of Australia's federal government in May 2022, there has been a radical shift in the country's position on climate change mitigation and the energy transition. The new Labor government has committed to a carbon...more

K&L Gates LLP

"Nine Commandments" for the NSW Planning System: Planning Minister Announces Further Planning Reforms

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The NSW Government recently announced the next stage of NSW's ongoing planning reforms which consist of: new ministerial planning principles intended to guide strategic decisions and planning policies; and further...more

K&L Gates LLP

Game Changing Reform to NSW Environment Protection Laws

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The NSW Government has introduced the Environment Legislation Amendment Bill 2021 (NSW) (Bill) which proposes wide ranging reforms to NSW environmental laws to enable the NSW Environment Protection Authority (EPA) to "crack...more

Jones Day

Climate-Related Risk Heating Up Down Under

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Just days out from the 26th United Nations Climate Change Conference of the Parties ("COP26"), the Australian government has pledged to reduce greenhouse gas ("GHG") emissions to net zero by 2050. While Australia has been...more

Jones Day

Australian Conservation Group Challenges EPA's Decision to Renew Coal-Fired Power Stations' Licences

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Proceedings filed by public interest group Environment Victoria represent the first climate change litigation in Australia to challenge the licence to operate of coal-fired energy producers. A public interest group has filed...more

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Australian Court Rules Environmental Regulator is Duty Bound to Develop Climate Change Policies

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The Facts  In April 2020, a climate action group called Bushfire Survivors for Climate Action Incorporated ("BSCA") filed civil enforcement proceedings against the EPA in the NSW Land and Environment Court....more

K&L Gates LLP

Court Orders NSW EPA to Develop Policies to Protect Environment from Climate Change

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Yesterday the Land and Environment Court of New South Wales ordered the New South Wales Environment Protection Authority (EPA) to develop environmental quality objectives, guidelines and policies "to ensure environment...more

Jones Day

Federal Court of Australia Rules That the Government Owes Duty of Care to Australian Youth on Climate Change

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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

K&L Gates LLP

Hydrogen Alert - Updates to Hydrogen Policy and Funding in Australia

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There have been a number of policy and funding developments applicable to the hydrogen energy industry in Australia since the release of K&L Gates' The H2 Handbook in October last year. These developments have come at both...more

Jones Day

Australian Government Foreshadows Significant Reform to Australia's Offshore Oil & Gas Regulation

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The Australian government has announced proposed reforms to Australia's offshore oil & gas regulation, which are aimed at achieving appropriate stewardship of assets by increasing government scrutiny over oil & gas...more

Jones Day

Class Action Suit Filed in Australia Opposes Coal Expansion Project on Behalf of Global Youth

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On September 8, 2020, the law firm Equity Generation Lawyers filed a class action on behalf of young people globally, seeking an injunction to restrain the Australian Government's Minister for the Environment, Sussan Ley,...more

White & Case LLP

“Never waste a (COVID-19) crisis”: new proposals to streamline the Australian government's environmental approvals regime

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On 27 August 2020, the Federal Government tabled the Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020 (Bill) in the House of Representatives. ...more

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