Forward Thinking

Canada’s legal architecture for critical minerals: what investors need to understand 

As Canada seeks to establish itself as a secure supplier of critical minerals for the energy transition and allied defence, McMillan's group head of ESG and sustainability, Radha Curpen, explains the legal developments investors and their advisors need to understand as the country's permitting and investment landscape evolves.

Human rights compliance is becoming a ‘business imperative’ 

Steptoe partner Jonathan Drimmer says forced labour import controls, sustainability disclosures and emerging human rights questions around data centres are pushing business and human rights law further into companies’ core legal and compliance functions.

Re-learning SFDR through a value-creation lens 

Ruth Knox, partner and chair of the ESG and sustainable finance practice at Paul Hastings in London, examines how SFDR 2.0 could give fund managers greater flexibility while introducing new categorisation, disclosure and anti-greenwashing requirements.

Climate litigation creates new liability questions for company boards 

Ingo Theusinger, partner at Noerr in Düsseldorf, examines how climate-related claims could create liability risks for directors and supervisory board members – and why climate change is increasingly becoming a corporate governance and risk-management issue.

South Korea sustainability reporting rules put value-chain data in focus 

Herbert Smith Freehills Kramer partner Antony Crockett says South Korea’s forthcoming sustainability reporting regime will align with international standards – but obtaining reliable value-chain data could again prove a major challenge.

Canada’s critical minerals challenge: balancing project delivery and indigenous rights 

Canada's ability to deliver critical minerals for the energy transition and allied defence will depend in part on effective consultation, early engagement and meaningful indigenous participation, says McMillan's group head of ESG and sustainability, Radha Curpen.

From legislation to implementation: the next phase of Brazil’s market-based climate policy 

Brazil has laid the foundations for a national carbon market, but critical regulatory decisions will determine whether it succeeds – and companies should prepare now, argue Tauil & Chequer Mayer Brown partners Luiz Gustavo Bezerra and Gedham Gomes.

Beyond TotalEnergies: why a French climate judgment could reshape due diligence across Europe

Baker McKenzie partner Clotilde Guyot-Réchard and counsel William-James Kettlewell explain why the Paris Judicial Court's TotalEnergies ruling may ultimately prove more significant for the future of climate due diligence across Europe than for French law alone.

Can SAF still be called ‘sustainable’? 

The aviation industry is pushing back against EU fuel rules and carbon pricing as courts, regulators and campaign groups increase scrutiny of how sustainable aviation fuel is described. 

Santos ruling clarifies how Australian courts may test corporate climate transition claims 

The Federal Court of Australia’s decision in ACCR v Santos highlights the evidential and governance standards companies will need to support forward-looking net-zero and transition pathway statements. With analysis by Paul Schoff, partner at MinterEllison, Sydney.

US antitrust scrutiny is reshaping collective ESG initiatives 

From asset manager stewardship and proxy advice to packaging initiatives and diversity programmes, US antitrust law is increasingly being invoked against collective sustainability activity – in comparison with a more permissive approach in the EU and other jurisdictions. 

Who pays for PFAS? 

A €440 billion EU cost estimate, new French litigation and tightening UK standards are sharpening a question that now spans both sides of the Atlantic: once PFAS limits become enforceable, who ultimately pays for compliance and clean-up?

Endangerment finding repeal may reshape climate nuisance litigation 

Federal pre-emption has been a central defence in state-level climate tort cases – but the repeal of the EPA’s 2009 endangerment finding could complicate that strategy.

Data centres are becoming a climate law problem

A UK government admission of “serious error” in approving a hyperscale data centre without enforceable environmental protections points to the sector as the next major flashpoint in climate governance.

Bonaire and the escalation of climate litigation 

The Dutch court’s application of KlimaSeniorinnen marks a shift towards deeper judicial scrutiny of climate targets, implementation and unequal protection within states.

From ESG to ESSG: defence enters the sustainability debate

Rising geopolitical risk is forcing investors, companies and regulators to confront how security fits within ESG frameworks that were built for a very different global environment. Is it time to consider adding another S - security - to ESG?