This year marked a turning point for sustainability regulation, with bold legislative ambitions being recalibrated under economic and political pressure. But what does this mean for companies and what will they need to focus on going into 2026, asks Emma Bichet, partner-elect at Cooley, and Jack Eastwood, associate.
This year marked a turning point for sustainability regulation, with bold legislative ambitions being recalibrated under economic and political pressure. But what does this mean for companies and what will they need to focus on going into 2026, asks Emma Bichet, partner-elect at Cooley, and Jack Eastwood, associate.
Climate transition plans are a key tool in translating companies’ broad climate goals into tangible actions – and being transparent on your transition planning process can help your company to mitigate the risk of greenwashing claims, writes Jill Shaw, ESG and sustainability lead at A&L Goodbody, Dublin.
Recent reforms to fraud and corporate liability law in the UK mean environmental and other ESG failures now carry significantly higher criminal risk for companies. Analysis by Tom McNeill, partner at BCL Solicitors in London.
As Canada’s Teck Resources eyes a US$53 billion tie-up with rival miner Anglo-American, Teck’s former general counsel and chief sustainability officer Charlene Ripley talks to Forward Law Review about her career so far – and the evolution of her understanding of corporate sustainability.
The government has responded to parliamentary calls for tougher action on forced labour, but its plans stop short of major legislative reform. Analysis from Richard Reichman, partner, and Christina Josephides, senior associate, at BCL Solicitors in London.
As the electrotech revolution gathers pace, market forces, consumer choices and grid upgrades will shape whether the UK turns technological promise into real progress, writes Lewis McDonald, partner and co-head of the global energy practice at Herbert Smith Freehills Kramer.
Canada’s 2025 Budget proposes easing greenwashing compliance by repealing key 2024 Competition Act provisions and restoring the Competition Bureau’s gatekeeper role for challenging environmental claims, writes Beth Riley, partner at McMillan in Calgary.
As ESG faces its toughest backlash in 15 years, all businesses in every jurisdiction are under pressure to prove that sustainability in fact delivers returns. Analysis by Ruth Knox, chair of the ESG & sustainable finance practice at Paul Hastings in London.
A series of recent legal, regulatory and financial reforms aim to enhance transparency and align Kenya with global climate frameworks, writes Christina Nduba-Banja, partner at Bowmans in Nairobi.
China’s Ecological Environmental Damage Compensation Regime is transforming the country’s response to ecological harm – and companies operating within the country must recognise environmental management as a fundamental business imperative, write partners Anthony Crockett and Weina Ye.
As smart dams become more common in hydropower projects, the need for comprehensive contracts grows, given the complex and multi-jurisdictional nature of water and energy regulation. By partner Mark Macaulay and associate Alec Cameron at Dentons in London.
As CARB publishes its GHG emissions reporting template, Abbey Raish, partner at Kirkland & Ellis in Los Angeles, talks to Forward Law Review about California’s forthcoming disclosure requirements.
A recent dispute between two US-based makers of competing earplugs demonstrates that companies may be open to greenwashing actions from their competitors. Gonzalo Mon, partner at Kelley Drye, and Katie Rogers, special counsel, take a deep dive into Moldex-Metric v Protective Industrial Products.
Under Spain’s new rules, more entities will be required to report on climate change financial risks, calculate their carbon footprint and publish an emissions reduction plan, write Elisabeth de Nadal, head of sustainability, business and human rights at Cuatrecasas in Barcelona, and associate Joaquín Lozano.
Parliament is considering a bill that would make UK company directors legally accountable for the environmental impact of their decisions. The direction of travel is clear, writes Robert Allen, head of ESG at Simmons & Simmons in London.
In response to escalating climate risks, Spain has introduced binding emissions reporting obligations and outlined a €32 billion Climate Emergency Pact. Together, these measures signal a decisive shift from policy to enforceable regulation, say Herbert Smith Freehills Kramer partner and EMEA co-head of ESG, Iria Calviño, and senior associate Leonie Timmers.
Coinciding with increased consumer sustainability literacy and awareness, Australian regulators and advocacy groups alike have become more eager to institute proceedings for alleged misleading marketing and greenwashing claims, write partner Samantha Daly and associate Heather Pym at Johnson Winter Slattery in Sydney.
Tech companies should think carefully about what the opinion may mean for them – particularly regarding AI, data centres and cryptocurrency, write partner Sarah Ries-Coward and of counsel Louise Barber at Herbert Smith Freehills Kramer in London.
Aircraft operators need to take care in marketing the use of sustainable aviation fuel, writes Michael Buffham, partner at HFW in London – as he outlines the regulatory frameworks and analyses a recent report which warns of the potential legal risks of making SAF sustainability claims.
Two landmark advisory opinions directed at states – one from the ICJ and another from the IACtHR – reinforce the relevance of climate-related due diligence focused on human rights, disclosure and risk management for companies, write partner Juliana Gomes Ramalho Monteiro and associates Marilia Lofrano and Gabriela Trovões Cabral of Mattos Filho in São Paulo.
With ambitious UK and EU targets driving up demand for sustainable aviation fuel, attention is turning to the infrastructure, investment and innovation needed to bring supply in line. Dentons partner Colm Ó hUiginn and counsel Claire Hunter examine the outlook for decarbonising the airline industry.
As the EU sharpens its focus on circular economy initiatives, legal professionals must adapt to a rapidly developing policy and regulatory framework. But the shift towards circularity brings both legal complexity and commercial opportunity, says Jill Shaw, ESG & sustainability lead at A&L Goodbody in Dublin.
The One Big Beautiful Bill Act ushers in a dramatic overhaul of energy tax incentives, repealing key credits for wind and solar while bolstering fossil fuel interests and introducing stringent ‘foreign entity of concern’ rules, write Sidley Austin partners Greg Lavigne, John Schaff and Hagai Zaifman.
The International Court of Justice’s landmark advisory opinion affirms states’ binding legal obligations to address climate change – with likely downstream consequences for corporate regulation and litigation, say Freshfields partners Cat Greenwood-Smith and Mijke Sinninghe Damsté, and associates Boudewijn Renshof and Iris Hammerschmid.
New Zealand’s early adoption of mandatory climate disclosures, evolving stance on methane emissions and increasing ESG litigation provide important lessons for other jurisdictions, says Hannah Bain, special counsel and head of Russell McVeagh's climate change practice.
The phrase ‘sustainable aviation fuel’ could leave airlines and investment management companies open to lawsuits from consumers and shareholders, says Olivia Moyle at Opportunity Green. She spoke with Forward Law Review about the NGO’s new report on SAF.
At a Simmons & Simmons panel, Holland & Knight partner Meaghan Hembree said that Trump’s ESG rollback is fuelling state-level divergence, regulatory uncertainty and rising litigation – demanding sharper compliance strategies from companies operating in the US.
Will UK transition proposals raise compliance stakes for in-house counsel? Doug Bryden, partner at Freshfields, talks to Forward Law Review about the UK’s consultation on sustainability reporting and transition planning.
Attribution science is now a credible, widely accepted field. Dr Rupert Stuart-Smith, Senior Research Fellow at Oxford University, explains its methods and the role it has played in recent landmark climate cases – including Lliuya v RWE – in an interview with Forward Law Review.
Amendments to Canada’s Competition Act recently introduced environmental certificates to encourage business collaboration on climate and environmental goals, write McMillan partners Neil Campbell, Radha Curpen, Sharon Singh and Beth Riley and associate Claire Lingley.
Hogan Lovells partner Valerie Kenyon and senior associate Olivier Swain in London examine the ESG-focused regulatory challenges faced by data centres operators in the EU and UK.
Chloe Edworthy at Macfarlanes and Louise Barber at Herbert Smith Freehills Kramer examine the Council of Europe’s new treaty that, for the first time, sets out binding international standards for the criminal prosecution of serious environmental harm.
Greenwashing and ESG disputes are no longer a risk on the horizon – they’re here, and businesses must be prepared, write Heike Schmitz, partner and co-head of ESG (EMEA), and Sousan Gorji, senior associate in the disputes team, at Herbert Smith Freehills Kramer.
In this Q&A, Sebastian Gräler and Julius Fabian Stehl at Hogan Lovells in Dusseldorf analyse the recent court decision that "laid a conceptual foundation for civil climate liability under German private law".
The MPF last week filed a lawsuit challenging a US$180 million carbon credit deal between the state of Pará and the LEAF Coalition. With analysis from Manuela Demarche and Clara Amoroso de Andrade at Trench Rossi Watanabe, and Gedham Gomes and Luiz Gustavo Bezerra at at Tauil & Chequer Mayer Brown.
Regulators in France, the UK and the US are increasing efforts to tackle misleading environmental claims – making robust, verifiable sustainability practices a legal and reputational imperative, write White & Case partners Sonja Hoffmann and Yann Utzschneider and associates Spencer Beall and Janina Moutia-Bloom.
Forward Law Review is seeking outstanding nominations for the 2025 edition of Forward 40, our global spotlight on the next generation of ESG and sustainability lawyers.
African businesses are likely to be widely affected by new EU corporate disclosure rules on human rights and sustainability, write partner Kate Paterson and associate Sibongile Sibeko at Bowmans in Johannesburg – and may face serious consequences if they fail to act.
Recent developments in civil litigation and changing government regulations concerning per- and poly-fluoroalkyl substances have created new considerations for companies, write Alexis Dyschkant, Ben Lenhart and Abigail Barnes of Covington & Burling.
“From an employer's perspective, the main issues are going to be toilets, changing facilities, pronouns and data collection,” says Andrew Taggart, partner at Herbert Smith Freehills. He spoke with Forward Law Review about the implications of the controversial decision on gender definition.
The EU’s decision to simplify its Deforestation Regulation is good news, says Lucy Blake at Jenner & Block – the due diligence requirements were stringent and onerous, particularly for businesses with complex global supply chains.
“A higher ambition proposal was really on the table until the last minutes of the negotiation.” NGO Opportunity Green takes Forward Law Review behind the scenes of the “intense and tumultuous” talks that led to the historic IMO Net-Zero Framework for shipping.
The Trump administration issued an executive order in April focused on eliminating state laws that regulate emissions or impose liabilities on energy companies. Kenneth Markowitz at Akin explains to Forward Law Review the potential issues the attorney general will face.
With the Trump administration continuing its crackdown on corporate and government DEI policies, Jenner & Block partner Lucy Blake explains to Forward Law Review what this means for companies operating in the UK and Europe.
Amid volatility, uncertainty, complexity and ambiguity, law firms worldwide must prepare to navigate a complex web of strategic risks, writes Robert F van Beemen, partner at DRB in the Hague and chair of the IBA’s Law Firm Management ESG Subcommittee.
The Scared Climate Optimist: Joshua Domb at Gen-R Law looks at the strategic use of litigation to drive systemic interventions and board-level focus on climate change.
Companies that integrated ESG teams into complaint responses often engaged more constructively – emphasising long-term reputational and operational benefits over short-term legal risk mitigation, writes Sheri Meyerhoffer, Canada’s former Ombudsperson for Responsible Enterprise.
As defence budgets expand, financial institutions and fund managers will need to clarify their approach to defence alongside their ESG commitments, writes Rachel Lowe, special regulatory counsel at Proskauer in London.
Baker McKenzie's Global Disputes Forecast reports that 40% of companies consider ESG disputes a significant risk – a notable decrease from last year, when it was over 70%. Partners Peter Tomczak and David Gadsden analyse this decline and how companies are attempting to mitigate the continuing risk.
The Environmental Protection Agency head was given 30 days to report on the Clean Air Act’s endangerment finding – which enables federal regulation of six major greenhouse gases – with the possibility of disapplying it. Kenneth Markowitz at Akin explains why abandoning the finding may lead to a slew of state-level climate disputes.
“Lots of companies want to contribute to biodiversity,” says Bart Van Vooren at Covington, “but the stacking of one benefit-sharing obligation after another has created a complex regime that is difficult to navigate.” First proposed at COP 16, the fund launched this week – but questions remain over how it will work.
Sharon Singh is co-head of McMillan’s environment and indigenous practice. The Vancouver-based partner talks to Forward Law Review about her practice, her experience at Rio Tinto and what a potential change in the Canadian government might mean for the country’s environmental and human rights policies.
With Omnibus Simplification Package scheduled to be revealed next week amidst a turbulent political environment, Forward Law Review canvassed practitioners on their concerns and predictions for the EU’s plans for streamlined corporate sustainability reporting. Comment from Rebecca Perlman at Kirkland & Ellis, Rachel Lowe at Proskauer, Jill Shaw at A&L Goodbody and Jacquelyn MacLennan at Edinburgh University Law School.
Alan Andrews, interim CEO of the Net Zero Lawyers Alliance, explains why – despite an ESG backlash, economic headwinds and political opposition – every lawyer will need to develop their practice to meet the challenges and opportunities of climate change.
The ECtHR judgment in the Italian waste dumping case is likely to open up new avenues for claimants seeking to put pressure on governments and the private sector. With insight from Cat Greenwood-Smith at Freshfields in London.
“It's very surprising to us that in a system that is guarded by rule of law that this kind of amendment is possible,” the NGO tells Forward Law Review as it challenges a December 2024 European Commission decision to restrict public access to documents.
Although the narrative of Argentina’s current administration is aligned with the ESG backlash movement, the country’s ESG regulatory landscape has not significantly changed since President Milei took office, writes María Victoria Tuculet, a financial services and ESG partner at Bomchil in Buenos Aires.
Government inaction on widespread waste dumping in the Campania region of Italy was held to be a breach of Article 2 of the European human rights law in a “seismic” judgment – as Judge Krenc challenges the distinction between climate and environment-related harm.
In a “remarkable” ruling, the Hague District Court has ordered the Dutch state to significantly reduce nitrogen emissions in 50% of vulnerable natural habitats by 2030 - and to pay Greenpeace €10 million if it fails. With analysis from CMS and Loyens & Loeff in Amsterdam.
Amid allegations that companies with well-documented links to Uyghur slave labour are “dumping” their goods in the UK, the government says that it is taking steps to revisit the country’s decade-old Modern Slavery law - and has launched a new inquiry.
“An immediate end to business as usual is a precondition for planetary survival”: Ireland’s High Court quashes a planning authority decision to refuse the development of a windfarm. With comment from Alan Roberts at A&L Goodbody.
As law firms worldwide rush to bolster their ESG practices there is a risk that valuable pro bono work will fall by the wayside. By Jacquelyn MacLennan, a member of the Brussels Bar and a Scottish solicitor, a CEDR-accredited mediator and Hon. Professor at Edinburgh University Law School.
First reporting under the CCDAA is due in 2026 but CARB says it will not take enforcement action for incomplete reporting in the first year – and launches a public consultation while the act’s authors threaten legal action. With commentary from Michael Littenberg at Ropes & Gray and Paul Barker and Julia Waterhous at Kirkland & Ellis.
In a “significant milestone for Brazil”, President Lula institutes the country’s landmark first cap-and-trade system for GHGs. With commentary from Manuela Demarche and Renata Amaral of Trench Rossi.
The government failed to fully assess the impact of its energy plans upon the rights of current and future generations of children – and therefore acted unlawfully, a court has ruled. With analysis from Chandni Gopal, partner at Webber Wentzel in Johannesburg.
At the International Court of Justice climate change hearings this week, China said it believes the groundbreaking ITLOS opinion “goes against UNCLOS’s intent”. With commentary from Sophie Lamb KC at Latham & Watkins and Louise Barber at Herbert Smith Freehills.
The project assesses the climate policies of 30 jurisdictions with the help of pro bono contributions from 48 law firms and aims to address the “implementation gap” between climate targets and results. The team behind the initiative and lawyers on its advisory board talk to Forward Law Review.
Following our focus on Eni v Greenpeace Italy, Forward Law Review considers the current state of anti-SLAPP legislation in the UK and asks: are more laws to protect free speech needed?
A global biodiversity fund seeks payment from sectors benefitting from digital sequencing information – potentially covering agriculture, biotech, cosmetics, pharma and AI. Bart Van Vooren at Covington & Burling tells Forward Law Review why the UN-backed plan, as it stands, will fail.
Manuela Demarche Mello of Trench Rossi in São Paulo talks to Forward Law Review about how the Brazil-US energy partnership will align with Brazil’s sustainability-focused Nova Indústria policy.
From client demand to climate risks: Linklaters’ sustainability director Matt Sparkes explains why the firm wants to prove it’s a responsible business.
The European Parliament voted last week to delay the Deforestation Regulation and introduce a controversial ‘no-risk’ category, but the Council today said it will maintain its original position.
Maurits Dolmans and Andreas Wildner at Cleary Gottlieb analyse the Hague Court of Appeals judgment, finding that it is likely to have important implications for future litigation against oil and gas companies.
The Court of Appeal for Ontario found that a Superior Court justice had “erred in her analytical approach” in determining that Mathur is a positive rights case.
The World Economic Forum has published an open letter signed by over 100 corporate leaders from companies such as AstraZeneca, BBVA, Deloitte, Enel and Siemens AG.
State Attorney General Rob Bonta alleges ExxonMobil engaged in a “campaign of deception” over decades that “caused and exacerbated the global plastics pollution crisis”.
Court criticises “absurd” legal arguments made by West Cumbria Mining and applies Supreme Court ruling that long term or ‘downstream’ contributions to fossil fuel emissions must be taken into account in environmental impact assessments.
The Climate Change Act establishes carbon targets, adaptations and mitigations – as well as fines and imprisonment for non-compliance – but key regulations are missed and a question remains over its start date.
Under pressure from companies struggling to comply with the country’s Supply Chain Due Diligence Act, the German government has announced plans to reduce the burden on two-thirds of companies affected by it.
A second round of negotiations with member states has succeeded where the first failed: the Corporate Sustainability Due Diligence Directive will finally come into force on 26 July 2024.
