News & Analysis as of

Offsets

Alston & Bird

Exploring Carbon Credit Trends

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Critics say voluntary carbon markets (VCMs) are suffering from an “integrity crisis.” Our Environment, Land Use & Natural Resources Group examines the Biden Administration’s attempt to bring increased rigor and reliability to...more

Faegre Drinker Biddle & Reath LLP

CTFC Subcommittee Discusses Climate Regulations

The Commodity Futures Trading Commission’s (CTFC) subcommittee meeting for carbon markets met on March 15, 2024. The subcommittee specifically discussed the CTFC’s recently proposed guidance for trading of voluntary carbon...more

Stikeman Elliott LLP

Canada Labour Code: Arbitrator Permits Employer to Offset Entitlement to Statutory Paid Sick Days against Employer-Provided...

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In the recent United Steelworkers Local 14193 v Cameco Fuel Manufacturing Inc., 2023 CanLII 115899 (CA LA) decision (“Cameco Fuel Manufacturing”), the arbitrator allowed a federal employer to deduct an entitlement to Canada...more

Kelley Drye & Warren LLP

SDNY Allows False Advertising Suit Over ​“Carbon Neutral” Claims to Move Forward

A 2022 class action lawsuit against Danone Waters’ evian spring water will move forward, thanks to a judge in the Southern District of New York, who decided this week that he could not determine as a matter of law that the...more

Katten Muchin Rosenman LLP

EU to Ban Carbon Offset Claims Entirely?

Responding to pressure from activists who have argued that “[c]arbon neutral claims are greenwashing, plain and simple,” the European Parliament and Council have reached a provisional agreement to ban all carbon-neutral...more

Kelley Drye & Warren LLP

New California Law Regulates Carbon Claims

Kelley Drye & Warren LLP on

Green is the new black, or so it seems, based on the growing number of companies that are making ​“green” claims. Claims about carbon reductions are particularly in fashion, both with advertisers and with a growing number of...more

Troutman Pepper

FERC Directs PJM to Use a Historical Simulation Model with a 99% Confidence Level for its FTR Credit Requirement

Troutman Pepper on

On September 21, 2023, the Commission approved, in part, PJM Interconnection L.L.C.’s (“PJM”) proposed tariff revisions regarding the calculation of the Financial Transmission Right (“FTR”) credit requirement (“September...more

Mayer Brown Free Writings + Perspectives

Greenwashing: Navigating the Risk

The risk of an accusation of “greenwashing” is now an important concern for many companies. Greenwashing is an ill-defined concept but, nevertheless, is increasingly a source of litigation and regulatory scrutiny – with more...more

Katten Muchin Rosenman LLP

Litigation Beginning to Challenge Carbon Offsets

Imagine an entity that is currently heavily dependent on fossil fuels pledging to become "net zero" by calendar year 2050. This is not unique, as numerous countries, municipalities and companies have made exactly this public...more

Kelley Drye & Warren LLP

Lawsuit Questions Use of Carbon Offsets to Substantiate Green Claims

Plaintiffs recently filed a class action lawsuit against Delta, alleging that the airline’s “carbon-neutral” claims, such as: “Carbon Neutral Since March 2020,” and “travel confidently knowing that we will offset the carbon...more

Cadwalader, Wickersham & Taft LLP

Airline Sued Over Claims That it is “First Carbon-Neutral Airline”

On May 30, 2023, a consumer class action lawsuit was filed in the United States District Court for the Northern District of California asserting that the airline falsely claimed that it is the world’s “first carbon-neutral...more

Robinson+Cole Manufacturing Law Blog

Delta Hit With Greenwashing Lawsuit Over Carbon Neutral Claims

Earlier this week, a class action lawsuit was filed against Delta Air Lines alleging that the company is misleading the flying public with its claims of carbon neutrality. The complaint is the latest in the growing trend of...more

Hogan Lovells

Jurisprudencia en Materia de Impuesto al Valor Agregado (IVA)

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La Segunda Sala de la Suprema Corte de Justicia de la Nación ha emitido una jurisprudencia en materia de IVA que puede conducir a resultados no lógicos y no comerciales. Las empresas que operan en México deben ser conscientes...more

Hogan Lovells

Precedent in Value Added Tax in Mexico

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The Second Chamber of the Mexican Supreme Court of Justice has issued a VAT precedent which can lead to counter-intuitive and non-commercial outcomes. Businesses operating in Mexico should be aware of this....more

Morgan Lewis - Power & Pipes

CFTC Commissioner Proposes Framework for Environmental/Climate-Related Product Oversight

In recent remarks, Commodity Futures Trading Commission (CFTC) Commissioner Christy Goldsmith Romero proposed that the CFTC promote market resilience to climate-related risk by adopting an approach for...more

Morgan Lewis - Power & Pipes

Buyer Beware Regulatory Enforcement Exposure Risks of Using Carbon Offsets to Meet ESG Initiatives

ESG. Net zero. Carbon sequestration. In 2023, all of these terms will continue to be widely referenced in mainstream media publications, corporate governance and shareholder materials, and regulatory filings and issuances....more

Katten Muchin Rosenman LLP

What happens if companies miss carbon targets?

The Wall Street Journal published an excellent article today regarding corporate net zero pledges, referring as well to data pubished in the Corporate Climate Responsibility Monitor 2023, which looked at the progress made by...more

Barnea Jaffa Lande & Co.

Contractor’s Insolvency during a Real Estate Project – How to Minimize Damages?

In recent years, Israel’s real estate and infrastructure market has experienced many cases of the corporate collapse of performance contractors. Just recently, a court ordered a temporary stay of proceedings against the...more

Katten Muchin Rosenman LLP

Carbon neutrality claims in jeopardy?

It has long been established that carbon dioxide emissions contribute to global warming. A core tenet of ESG has been a focus on reducing CO2 emissions, or removing CO2 from the atmosphere. Numerous major corporations and...more

BakerHostetler

Overview of the Inflation Reduction Act's Methane Tax

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Part I of this three-part methane update discussed the state of substantive methane regulation in the United States and touched on the Inflation Reduction Act’s (“IRA” or “the Act”) addition of Section 136 to the Clean Air...more

Jones Day

Senators Urge CFTC to Regulate Carbon Credit Markets

Jones Day on

A group of seven U.S. senators have written a letter to the Commodity Futures Trading Commission ("CFTC"), expressing concerns with the integrity of the carbon credit markets and urging the CFTC to investigate and regulate...more

Akin Gump Strauss Hauer & Feld LLP

CFTC Turns Spotlight on the Voluntary Carbon Markets

The Commodity Futures Trading Commission (CFTC) is joining other federal agencies in the move toward a whole-of-government approach to the mitigation of climate-related financial risk. The CFTC has taken steps this...more

Latham & Watkins LLP

Canada Launches Its First Federal Greenhouse Gas Offset Credit System

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The system aims to stimulate innovation in GHG-reduction activities as part of the country’s 2030 Emissions Reduction Plan. On June 8, 2022, Canada launched the Greenhouse Gas (GHG) Offset Credit System (the System) to...more

Blake, Cassels & Graydon LLP

Entrée en vigueur du Règlement sur le régime canadien de crédits compensatoires concernant les gaz à effet de serre

Le 8 juin 2022, le Canada a publié la version définitive du Règlement sur le régime canadien de crédits compensatoires concernant les gaz à effet de serre (le « Règlement »). Le Règlement décrit comment les installations...more

Stikeman Elliott LLP

Canada Launches Greenhouse Gas Offset Credit System

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On June 8, 2022, the Federal Government launched Canada’s Greenhouse Gas Offset Credit System (the “Federal GHG Offset System”), with the publication of the Canadian Greenhouse Gas Offset Credit System Regulations (the...more

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