The scale of PFAS-related costs is sharpening debate over who should pay for Europe’s chemical legacy, as a new European Commission study lands amid renewed calls for producer liability from NGOs.
The scale of PFAS-related costs is sharpening debate over who should pay for Europe’s chemical legacy, as a new European Commission study lands amid renewed calls for producer liability from NGOs.
Governments and public sector bodies will, for the first time, have a dedicated global standard for reporting climate-related risks and opportunities, following the launch of IPSASB SRS 1 by the International Public Sector Accounting Standards Board.
The UK’s financial services regulator is proposing to replace its existing TCFD-aligned rules with a new framework based on UK Sustainability Reporting Standards, reflecting the global shift towards ISSB reporting and a phased, proportionate implementation for listed issuers.
The forthcoming EU Circular Economy Act is expected to play a central role in strengthening the bloc’s economic resilience and reducing its reliance on imported raw materials, according to a briefing published by the European Parliamentary Research Service.
The Hong Kong Monetary Authority has published ‘Phase 2A’ of the Hong Kong Taxonomy for Sustainable Finance, broadening sectoral coverage and adding transition and climate adaptation elements.
A UK parliamentary debate this week will examine concerns that environmental, social and governance requirements may be restricting access to finance for defence companies, amid growing government emphasis on private investment to support national security.
EU law does not prevent member states from requiring individuals requesting access to environmental information to provide their name and postal address, says the ECJ – provided such requirements comply with core principles of EU law.
A group of environmental law NGOs led by Opportunity Green has made a submission to the House of Commons Environmental Audit Committee, arguing that rapidly rising electricity demand from the sector risks undermining statutory climate targets.
The paper, part of the ECB Working Paper Series, examines transaction-level data from the European repo market between 2019 and 2022 and finds that banks with higher exposure to carbon-intensive borrowers consistently pay more for short-term funding.
A rule that would repeal the US Environmental Protection Agency’s 2009 endangerment finding and end federal regulation of greenhouse gas emissions from vehicles has moved a step closer to finalisation, after being sent to the White House for review.
The climate standard closely follows the structure of the ISSB’s IFRS S2, aligning China’s disclosure framework with international climate reporting practices without formally adopting international standards.
The United States has withdrawn from the Intergovernmental Panel on Climate Change, the United Nations Framework Convention on Climate Change and 64 further international organisations – an act the Union of Concerned Scientists has called “a new low”.
California attorney general Rob Bonta, a coalition of 17 attorneys general and the state of Pennsylvania have filed a lawsuit against the Trump administration for suspending funding for electric vehicle charging infrastructure programmes.
The European Parliament has approved a provisional political agreement with EU member states to significantly narrow the scope of the EU’s corporate sustainability reporting and due diligence regime, marking a key step in the bloc’s Omnibus I simplification agenda.
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.
The executive order names the world’s two biggest proxy advisory firms – both involved in a dispute with the state of Texas and being investigated by the state of Florida – and accuses them of promoting “radical politically-motivated” DEI and ESG agendas.
The International Sustainability Standards Board has finalised targeted amendments to its climate-related disclosure standard to address feedback from in-scope companies.
The European Commission has unveiled proposals to amend or roll back a range of environmental reporting and permitting requirements, framing the changes as a cost-saving exercise while seeking to preserve environmental outcomes across key sectors.
A federal judge has struck down the Trump administration’s directive halting federal approvals for wind energy projects, ruling in favour of a multistate coalition led by New York Attorney General Letitia James.
A provisional political agreement reached between the European Parliament and EU member states commits the bloc to reduce net greenhouse gas emissions by 90% by 2040 compared with 1990 levels – with up to 5% supplied by carbon credits.
The council and parliament have reached a provisional deal to narrow the scope of the CSRD and CSDDD, delay deadlines and simplify reporting and due diligence obligations.
Fifty-two European legal academics have sent a letter to EU institutions, warning that attempts to weaken or remove Climate Transition Plan requirements under Article 22 of CSDDD will undermine legal certainty, create policy incoherence and increase litigation risk.
A new legal briefing from Opportunity Green outlines how the European Commission could extend the EU Emissions Trading System to cover departing international flights.
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.
Delegates at COP30 in Belém, Brazil approved the Belém Package, a suite of 29 decisions on adaptation, finance, technology transfer and just transition. The package was adopted by 195 parties after delays caused by disagreements over aspects of the text.
The European Commission has published proposed amendments to the Sustainable Finance Disclosure Regulation – finally giving clarity to the financial industry on sustainable investing, says Heike Schmitz, partner and co-head of ESG EMEA at Herbert Smith Freehills Kramer in Germany.
A 25-state coalition led by Iowa attorney general Brenna Bird has filed an amicus brief in the US Supreme Court arguing that California's new climate laws impose extraterritorial compliance costs and violate first amendment protections.
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.
The European Commission publishes transition pathways to guide company climate plans – just as parliament moves to delete CSDDD transition plan duties, putting greater weight on CSRD reporting.
The European Parliament has approved a centre-right-backed position on the EU’s Omnibus I simplification package, proposing sharper rollbacks to corporate sustainability reporting and due diligence duties than the commission initially tabled.
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.
The EU Council has endorsed a further one-year postponement and simplification of the Deforestation Regulation, retaining most of the European Commission’s proposals but replacing staggered application dates with a single December 2026 start for all companies.
A legal study by the European Central Bank warns that recent climate-related human rights rulings – including KlimaSeniorinnen v Switzerland – may heighten litigation and transition risks for financial institutions, and urges EU policymakers to integrate stronger climate safeguards into law and supervision.
The California Air Resources Board will hold a virtual public workshop on 18 November – presenting proposed updates to definitions and exemptions under SB 253 and SB 261.
A leaked version of the EU’s revised Sustainable Finance Disclosure Regulation introduces new sustainability product categories and eases reporting burdens – a move described by Heike Schmitz, partner and co-head of ESG EMEA at Herbert Smith Freehills Kramer in Germany, as a “turning point” for sustainable finance in Europe.
The European Council’s agreement includes the use of carbon credits and carbon removal to cut net greenhouse gas emissions by 90 per cent from 1990 levels.
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.
The oil and gas company has followed the US Chamber of Commerce in launching a lawsuit against the California Air Resources Board which leverages the First Amendment – arguing that California laws SB 253 and SB 261 will compel and regulate its speech.
The decision in Greenpeace Nordic v Norway will be handed down on 28 October by the ECtHR – the court will decide on whether a government’s decision to expand its oil and gas production violates human rights.
Environmental groups have brought a lawsuit against the US Environmental Protection Agency over President Trump’s proclamation exempting chemical manufacturing plants from monitoring and controlling emissions of hazardous air pollutants for two years.
In a secret vote, Members of the European Parliament voted to reject the mandate for simplified sustainability and due diligence rules supplied by the Committee on Legal Affairs.
The International Maritime Organisation failed to approve its plans to curb shipping emissions – as “delay tactics, confusion-spreading and intimidation” in negotiations led to a deadlock. Featuring insights from Blánaid Sheeran, policy officer at Opportunity Green.
The EU has published an amended regulation simplifying the Carbon Border Adjustment Mechanism – including an exemption threshold of 50 tonnes for certain CBAM goods.
The Federal Reserve Board, the Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation have announced that they are withdrawing the ‘Principles for Climate-Related Financial Risk Management’.
SEC chair Paul Atkins says he wants to “de-politicize shareholder meetings and return their focus to voting on director elections and significant corporate matters” – by focusing on whether Rule 14a-8 gives shareholder proposals the right to be heard.
“Energy supplies are being weaponised while our climate rapidly changes,” says the European Commission as it lays out a global climate and energy vision to boost EU clean tech businesses and inject political momentum into the green transition.
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.
“Poland's failure to submit its national strategy highlights the urgent necessity for all Member States to ensure coordinated and ambitious action and avoid any delay in the collective progress towards 2030 objectives,” the European Commission says.
The European Parliament is set to confirm its Omnibus negotiating position, with reductions in compliance burden and scope expected. Large global companies will still have work to do, however, particularly when it comes to vetting their supply chains, Lucy Blake at Jenner & Block tells Forward Law Review.
Pabai Pabai was the first Australian case to consider whether the state owes the Torres Strait Islanders a duty of care – but Australian courts have not been receptive to applicants using the law of negligence to try to influence climate policy, writes Amy Carseldine, special counsel at Clayton Utz in Brisbane.
Citing the judgment in Held v Montana, two conservation groups have filed a lawsuit against the state’s environmental assessment in ongoing litigation concerning the Yellowstone County Generating Station methane plant.
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.
The California Air Resources Board has published a preliminary list of 4,160 companies that are in-scope of either SB253 or SB261 – its emissions and climate-related financial risk disclosure rules.
Forty-seven US senators have written to the US Environmental Protection Agency to challenge its proposal to rescind the 2009 finding that greenhouse gases endanger public health.
The country unveiled its NDC of 7-10% at the UN’s 2025 climate summit in New York, prompting disappointment in some quarters – but Greenpeace says Beijing tends to set targets that it can confidently deliver or exceed.
The European Commission is considering a further one-year delay to the Deforestation Regulation – blaming IT systems and disruption to businesses whilst denying a link to recent criticism from the US.
The US District Court for the District of Columbia has granted Revolution Wind a preliminary injunction against the US government’s stop work order – which halted construction of an offshore wind farm in federal waters and cited national security and environmental protection concerns.
Attorney General Ken Paxton claims the two proxy advisory companies have misled institutional investors and public companies over voting recommendations – after a court handed down a preliminary injunction temporarily blocking Texas’s anti-ESG law.
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.
ClientEarth has announced it is suing the commission for “illegally changing its transparency rules to prevent the public from accessing crucial documents for their health and the environment.”
Lee Zeldin, EPA administrator, says the move will save American businesses up to US$2.4 billion in regulatory costs while maintaining the agency’s statutory obligations under the Clean Air Act.
In response to an inquiry carried out by the European Ombudsman into the procedures behind the Omnibus Simplification Package, the European Commission says that the Better Regulation Guidelines are an “internal toolkit” and not a set of legally binding requirements.
“It is the agency’s responsibility to determine whether its Final Rules will be rescinded, repealed, modified, or defended in litigation,” says the US Court of Appeals for the Eighth Circuit regarding the fate of the controversial ESG investing rules.
The government's first National Climate Risk Assessment finds that no Australian community will be immune from climate risks that will be ‘cascading, compounding and concurrent’ - as it releases its National Adaptation Plan.
The EU’s 2030 targets include reductions in food waste of 10% from processing and 30% from retail – as well as measures for textile producers to cover the costs of collection, sorting and recycling waste clothing.
At an OECD event Paul Atkins took aim at double materiality in EU sustainability reporting and called on the IASB to remain focused on financial accounting and avoid using standards “as a backdoor to achieve political or social agendas.”
The Dutch arm of Friends of the Earth has written to 28 large corporations asking them to submit their climate transition plans for assessment. Milieudefensie says it aims to “recognise frontrunners, encourage those in the middle tier to strengthen their climate policies, and hold laggards accountable”.
European Central Bank president Christine Lagarde has cautioned that proposed changes to EU corporate sustainability reporting rules could restrict the institution’s ability to assess climate-related risks to the Eurosystem.
The Brazilian president has attempted to remove many of the more contentious elements of the law – which campaigners have called “the biggest legislative environmental setback since the dictatorship” – but the fate of the legislation remains in the hands of the opposition-dominated congress.
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.
In the country’s first-ever ICSID arbitration claim, the Singaporean investment company behind British coal company West Cumbria Mining is suing the United Kingdom after the government abandoned its support for a new coalmine in northern England.
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.
EFRAG has launched a two-month public consultation on a major overhaul of the European Sustainability Reporting Standards, aimed at significantly reducing the complexity of sustainability disclosures required under the Corporate Sustainability Reporting Directive.
The European Commission says small and medium-sized businesses not in scope of CSRD will be able to make voluntary disclosures – which, it argues, will aid in responding to requests for information from large financial institutions and companies.
A report by a UK parliament joint committee recommends import bans for goods found to be made with forced labour – as it warns the UK’s voluntary approach to due diligence in supply chains is not working.
China and the European Union have reaffirmed their joint commitment to climate action, using this week’s high-level summit in Beijing to mark both the 50th anniversary of diplomatic ties and the 10th anniversary of the Paris Agreement – with a renewed pledge to accelerate their green partnership.
The International Court of Justice says in its landmark advisory opinion that fossil fuel exploration licences, subsidies and production could constitute “internationally wrongful act[s]” which are attributable to states.
Four orders issued by the White House allow named chemical manufacturers, coal-fired power plants, oil refineries, medical sterilisation facilities and more to bypass for two years the “severe burdens” placed on them by US Clean Air Act national emissions standards.
The European Commission has proposed a major revamp of how the EU funds climate and environmental action – combining biodiversity with broader environmental priorities in its latest budget plan.
“Lula will have to veto it,” says NGO Observatório do Clima, echoing many other groups which view Congress's passing of the Environmental Licensing Bill as a major setback to environmental protections.
European Ombudswoman Teresa Anjinho has asked the European Commission to explain in detail why it failed to carry out a series of procedural steps - required under internal rules - in preparation for the Omnibus simplification package amending the CSRD and CSDDD.
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.
In a recent informal ministerial meeting, Danish ministers met with EU commissioners to discuss a joint effort to secure a legally binding instrument on plastics pollution ahead of UN negotiations in August.
The US president pledges to end taxpayer support for “unaffordable and unreliable” green energy sources – and restrict supply chains controlled by “foreign adversaries”.
The new law creates a legally binding framework to implement the Paris Agreement in line with the country’s 2053 net zero target – although observers say it is a “missed opportunity”.
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.
The European Commission scheme is designed to unlock private finance for biodiversity and reward corporate action by de-risking supply chains, reducing insurance premiums and helping companies meet their biodiversity goals
The Inter-American Court of Human Rights says states have legal obligations to mitigate GHGs, make reparations for damage caused by climate change – and regulate companies with high emissions.
The European Commission has launched a public consultation to extend its Carbon Border Adjustment Mechanism to cover products downstream from goods currently in scope – with a particular focus on steel and electricity.
The UK government is weighing ‘comply or explain’ against more stringent transition plans – aiming for investor confidence without stifling competitiveness. With analysis from Becky Clissman, counsel at Ashurst, and James Hay, principal sustainable finance advisor at Pinsent Masons.
The European Commission’s proposal for the 2040 climate target includes the potential use of “high-quality international carbon credits” from partner countries aligned with Paris Agreement objectives.
While the UK government’s consultation on its Sustainability Reporting Standards reflects a direction of travel, there remains uncertainty for in-house counsel over the scope and timing of the standards. Samantha Brady at Slaughter and May talks to Forward Law Review about the government’s proposed amendments.
A report by law professor Elisa Morgera, the UN special rapporteur on human rights and climate change, urges governments to take wide-ranging measures to safeguard human rights from the effects of climate change – from criminalising greenwashing to prioritising the phaseout of fossil use and production.
A coalition of NGOs, led by Earthjustice, is suing the US Environmental Protection Agency to reinstate cancelled grants that they say should have been disbursed under the Biden administration’s Environmental and Climate Justice Block Grant programme.
Sixteen state attorneys general have written to Pam Bondi, US attorney general, asking for a liability shield to protect federally permitted activities that create GHG emissions – and confirmation that existing federal laws preempt state attempts to impose liability on energy companies.
The environmental NGO says that the EU’s Omnibus Simplification Package potentially violates numerous legal principles – and warns that breaches of essential procedural requirements could invalidate the legislation.
Among other significant proposals, the European Council says CSDDD thresholds should be increased to 5,000 employees and a €1.5 billion net turnover – and that the focus should change from an entity-based approach to a risk-based approach.
The court found that the producers do have standing – and so reversed a lower court’s order dismissing their challenge to California’s 2013 Clean Air Act waiver that governs the adoption of emission standards for new vehicles.
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.
The guidance comes in the wake of the 2024 Finch Supreme Court ruling that downstream GHG emissions must be considered in environmental impact assessments.
The European Commission has referred Poland to the Court of Justice of the European Union for failing to guarantee proper access to justice in matters concerning air quality.
Three environmental groups have filed a complaint against the European Commission for granting ‘strategic’ status to the proposed Mina do Barroso lithium mine in northern Portugal.
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.
Susman Godfrey is representing the American Bar Association in a lawsuit that claims President Trump’s executive orders targeting law firms are a “deliberate policy designed to intimidate and coerce law firms and lawyers to refrain from challenging the President or his Administration in court”.
The Corporate Human Rights and Environmental Due Diligence Bill is the first legislative initiative focusing on human rights and the environment under the new government – which has stated its intention to focus on corporate sustainability.
California and 10 other states have filed a lawsuit challenging the Trump administration’s recent decision to revoke the state’s authority to set its own vehicle emissions standards.
The US Environmental Protection Agency aims to abandon rules issued during the Biden administration for new and existing fossil fuel-fired power plants that were founded on the US Clear Air Act ‘endangerment finding’.
The government says that it will introduce a bill by the end of the year to ratify the BBNJ Agreement, which introduces marine protected areas and environmental impact assessments for international waters.
Two environmental groups argue that the government’s emissions reduction plan fails to fulfil basic requirements of the law – and say their lawsuit is the world’s first “to challenge a government’s heavy reliance on tree planting to achieve climate targets”.
The DC district court upheld the Securities and Exchange Commission's amendments to Rule 14a-8, which govern shareholder proposals – dismissing the plaintiffs’ claims that they were introduced to inhibit ESG proxy voting.
The United Arab Emirates’ new legislation introduces mandatory emissions reporting, climate risk disclosure and third-party verification requirements, together with fines for non-compliance. Greenpeace calls the new regime “transformative”.
The number of cases before the ICJ is high, say panellists at Herbert Smith Freehills Kramer LIDW event – reflecting frustration with the UN Security Council and an increasing move beyond bilateralism.
Texas comptroller Glenn Hegar said removal from the list – which will lift certain restrictions over BlackRock’s ability to do business with the state – was enabled because the investment management firm “dramatically reduced the number of fund offerings that prohibit investment in oil and gas”.
The rule – which allowed ESG considerations in 401(k) investment plan decisions – will be rescinded in the US Department of Labor’s spring regulatory agenda.
The court said that judges must show deference to government agency decisions – and that emissions from separate projects do not constitute indirect effects for the purposes of environmental impact statements.
Twenty-two young plaintiffs claim that actions by the US president and federal agencies “knowingly increase greenhouse gas pollution, violate their constitutional rights, and unlawfully override laws passed by Congress to protect public health and the environment”.
With 29 ratifications of the Biodiversity Beyond National Jurisdiction Treaty so far, the United Nations has almost half the countries needed for the treaty to enter into force at the United Nations Ocean Conference in June.
The European Commission has adopted a regulation to identify 44 oil and gas companies and task them with providing CO2 storage solutions – as it announces that the EU is on course to reduce GHG emissions by around 54% by 2030.
“The Order shouts through a bullhorn: If you take on causes disfavored by President Trump, you will be punished,” says District Judge Richard Leon as he dismisses the president’s executive order – days after a similar order against Jenner & Block was overturned.
The investigation was announced after the Ombudsman received a complaint from eight NGOs detailing the European Commission’s alleged failure to comply with its own ‘Better Regulation Guidelines’ in preparing the Omnibus package to amend the CSRD and CSDDD.
District judge calls the executive order against the firm “doubly violative of the constitution” – and grants summary judgment enjoining the government action.
The US Senate voted 51–44 on 22 May to revoke California’s authority to set its own vehicle emissions standards, effectively sinking the state’s plan to ban new petrol-powered car sales by 2035. California governor Gavin Newsom says the state will fight the repeal in court.
“The main challenge to arriving at a shared UK-EU emissions trading system and dispute resolution mechanism is the ever-changing legal framework for UK-EU trade itself.” Roger Matthews and Rupert Ekblom at Dentons talk to Forward Law Review about the linked carbon border adjustment mechanism.
The European Free Trade Association Court issued an advisory opinion on environmental impact assessments as part of Greenpeace’s litigation against the Norwegian state’s North Sea fossil fuel permitting.
Rescinding the rule would be “a diversionary tactic to avoid answering the key questions of statutory authority and compliance with the APA,” said SEC chair Marc Uyeda in comments at the SEC Speaks conference.
Companies with under 750 employees and up to €150 million in turnover or €129 million in assets would access certain SME benefits, the European Commission says - as it also plans to push back battery due diligence rules by two years.
Equinor says construction of its offshore wind project off the coast of New York will resume despite the Trump administration’s April moratorium on all offshore wind development.
The United Kingdom and the European Commission have agreed to work towards establishing a link between the two jurisdictions’ emission trading systems – six months before the UK becomes subject to the EU’s Carbon Border Adjustment Mechanism.
Ten NGOs have submitted an amici curiae in support of a lawsuit that challenges the Trump executive order halting the development of wind power – calling the president's views “scientifically baseless”.
The convention provides “the basis for a more coherent criminal justice response by states to environmental crime, including across borders” the council says – calling it a “game-changer”.
The US Environmental Protection Agency has announced that it will ‘rescind’ some PFAS regulations and push back compliance on others – as the EU prepares a ban and 3M settles a lawsuit with New Jersey at a cost of US$450 million.
Facing a lawsuit, the US Department of Agriculture says it will return content to its website that was removed in the wake of the Trump administration taking office.
The European Commission has amended state aid rules to allow NGOs an eight-week window to request reviews of decisions to establish whether they contravene EU environmental law.
The House Energy and Commerce Committee’s proposed text for the forthcoming budget reconciliation bill slashes scores of environmental and clean energy measures.
The European Central Bank says that its policies may be adversely affected by the proposed Omnibus Simplification Package – which, it argues, could significantly limit stakeholders’ access to important information.
The Scared Climate Optimist: Beyond the difficult headlines, there are examples everywhere of the biggest asset managers in the world still taking action on climate issues, writes Joshua Domb at Gen-R Law.
Changes to the EU CSDDD should not jeopardise alignment with international standards on responsible business conduct or create blind spots where human rights abuses go undetected and unaddressed, says the Office of the UN High Commissioner for Human Rights.
The states are challenging the termination of funds disbursed through the Infrastructure Investment and Jobs Act for electric vehicle charging stations – an action which California governor Gavin Newsom has called “yet another Trump gift to China”.
“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 state is one of 18 suing the government over President Trump’s 20 January memorandum that indefinitely halted federal approval for the development of windfarms.
DC judge says the order stigmatises and penalises the firm for representing clients that have pursued claims and taken positions with which the US president disagrees – as well as the firm’s own speech.
The failure of the Ontario government’s appeal means the landmark Mathur case will return to the Superior Court, which will determine whether the rights of young people were infringed by the province’s alleged failure to adequately tackle climate change.
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.
The UK’s Climate Change Committee has warned the government that one in four properties will be at risk of flooding by 2050 – and advises that over half of England’s agricultural land is already at risk.
“Threatening law firms and lawyers because they have represented or employed political opponents of the Trump administration or have expressed viewpoints disfavored by the administration is a textbook violation of the first amendment,” say 20 US attorneys general in an open letter.
A district court has rejected arguments by members of the travel industry that The Hague’s advertising ban conflicts with their rights under the Dutch constitution and EU law.
“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.
An Eighth Circuit appeals court judge has granted an abeyance after intervenors in State of Iowa v SEC filed a motion to suspend the ‘unnecessary’ case.
The US Chamber of Commerce complains that the EU Corporate Sustainability Due Diligence Directive will require large US companies to “meet overly prescriptive human rights and environmental due diligence requirements that conflict with US federal and state laws.”
A group of NGOS led by ClientEarth has challenged the decision-making process behind the EU’s Omnibus Simplification Package, calling it “undemocratic, untransparent and rushed”.
Ed Miliband, the UK’s secretary of state for energy and climate change, will introduce an amendment to ban any solar panels suspected of originating from the Xinjiang province of China.
The US Department of Labor has requested the suspension of appeal court proceedings while it considers rescinding the Biden-era rule which allows fiduciaries to consider ESG factors in retirement funds.
Anton Foley and others v Sweden was rejected by Sweden’s Supreme Court in February – in part because it found the class of individual plaintiffs lacked standing – but non-profit organisation Aurora is looking to refile the case, drawing on the 2024 Klimaseniorinnen ECtHR ruling.
“In the absence of an integrated and transformative vision, there is a fear that PNACC 3 will not improve France's adaptation to climate change in the long term,” say a group of organisations that have written to the French prime minister in advance of legal action.
The US litigation boutique, which represented Dominion Voting Systems in its successful US$787.5 million defamation suit against Fox News, says it will fight the order.
A newly formed coalition between the Christian Democrats and the Social Democrats says it supports the European Commission’s Omnibus and will implement the CSDDD in a way that is minimally bureaucratic and easy to enforce.
“This is a long-term game and if you fail to understand the risks and the regulations and the policies now – then, when the world changes, you'll be really caught out.” The team behind the Oxford Climate Policy Monitor reflect on their symposium.
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.
In a letter addressed to prominent Republicans, business groups ask the Trump administration to maintain Biden-era federal tax credits and grants which, they say, “help manufacturers develop and deploy breakthrough technologies”.
The two governments have launched a joint consultation on the planned reforms, which they say will slash red tape, make permitting more “agile and responsive” and introduce more stringent safeguards.
King’s Counsel Caspar Glyn argues that the law in Great Britain prohibits positive discrimination which leads to equality of outcome – but it does allow for different treatment based upon achieving equality of opportunity.
In a letter, the Financial Services Committee says the SEC has “lost sight of its mission to protect investors; maintain fair, orderly, and efficient markets; and facilitate capital formation.”
Everything in society relies on natural capital so it must be protected, writes Henry Vane at environment-focused firm Lux Nova. This will require a combination of government intervention and market forces – and the help of lawyers.
The court said the Biden-era sale of the offshore drilling lease, which covered over 70 million acres in the Gulf of Mexico, failed to sufficiently consider the environmental impact of potential developments – but deferred a decision on the remedy.
France has rejected US attempts to prevent DEI policies at French companies that operate in the US – whilst the US Federal Communications Commission has opened investigations into hiring practices at Disney and ABC.
The Dutch Friends of the Earth says it has delivered a summons with almost 10,000 pages of evidence to force a hearing over the Amsterdam-based bank’s oil and gas clients and emissions – which the NGO claims will build on the KlimaSeniorinnen decision.
“The Constitution, top to bottom, protects against such attempts by the government to target citizens and lawyers based on the opinions they voice, the people with whom they associate, and the clients they represent,” the complaint says – whilst the US president issues an executive order aimed at WilmerHale.
The US Environmental Protection Agency says President Trump may provide exemptions for polluters if they email by the end of March – as the SEC announces it will no longer enforce climate disclosure rules.
A bipartisan coalition of state AGs led by California attorney general Rob Bonta has published an open letter in support of judicial independence. “President Trump’s recent executive orders seek to break apart the very foundation of the law we practice,” they say.
The European Commission has announced delays of two years for CSRD application and one year for CSDDD transposition and application for large companies – so the EU can compete, it says, in an “unstable and sometimes hostile geopolitical context”.
The White House launches another attack on ‘Big Law’, this time citing the Chicago-based firm’s pro bono work for “destructive causes” as it withdraws security clearance and government contracts.
The European Commission has instructed Spain not to comply with a 2018 arbitral award ordering the country to compensate European private equity group Antin over changes made to a renewable electricity support scheme. With comment from Louise Barber, of counsel at Herbert Smith Freehills.
The document explains how entities should comply with section 54 of the Modern Slavery Act 2015, which requires large businesses to prepare an annual slavery and human trafficking statement.
A coalition of cities and NGOs have brought a lawsuit to challenge the US government’s freeze on federal funding for environmental and social programmes. “These executive orders cite no legal authority for the president or his agencies to unilaterally freeze, let alone terminate, congressionally appropriated funds,” say the plaintiffs.
A presidential memorandum to the US attorney general warns US law firms over “unethical” litigation against the federal government and in immigration claims – as an email from the chair of Paul Weiss outlines the “existential threat” faced by the firm.
‘What To Do If You Experience Discrimination Related to DEI at Work’ identifies four main discriminatory actions to aid companies in identifying illegal practices – and invites employees to report any DEI-related discrimination in the workplace.
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.
The German government has proposed a debt-financed fund of €500 billion euros which will fund infrastructure, defence and progress towards climate neutrality. In doing so it suspended the ‘debt brake’ which limits government borrowing.
The European Commission announced on 19 March a white paper for European defence-readiness by 2030 and an action plan to efficiently decarbonise the steel and metals industry.
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.
A letter signed by bar associations around the world says they are “dismayed by the recent actions by the US government targeting legal professionals at both the international and domestic levels, which violate international human rights law and undermine the rule of law.”
The US Equal Employment Opportunity Commission has written to 20 of the world’s biggest law firms demanding information about their DEI employment practices, saying: “No one is above the law – and certainly not the private bar.”
The government has implemented the act – originally given assent in July 2024 – to create “a just transition to a low-carbon economy, ensuring that climate action goes hand-in-hand with economic empowerment and job creation”. But the implementation of some provisions has been delayed and questions remain regarding its enforcement.
Paul Weiss is the third law firm to be targeted by President Trump, who accuses it of hiring an “unethical attorney” and discriminating against its own employees through its DEI policies. Trump’s executive order implied more firms may be sanctioned.
In a letter to Congress, almost 200 NGOs say they have “reason to believe that the fossil fuel industry and its allies will use the chaos and overreach of the new Trump administration” to shield itself from liability.
Amidst a barrage of environmental rollbacks, Lee Zeldin announces the EPA will revisit the rule which designates CO2 and methane as dangerous pollutants – calling it “an agenda that throttles our industries, our mobility, and our consumer choice while benefiting adversaries overseas.”
Bill Hagerty calls the EU’s Corporate Sustainability Due Diligence Directive an “affront to US sovereignty” – and proposes legislation that would ban swathes of American companies from complying with it. With comment from Michael Littenberg at Ropes & Gray.
Proposals aimed at boosting diversity and inclusion in UK financial services have been shelved amidst concerns over reporting burdens – although the regulator says “an appropriate focus on diversity and inclusion in the culture of the firms we regulate can deliver improved internal governance, decision-making and risk management.”
“Switzerland has to return to the drawing board,” says climate group KlimaSeniorinnen Schweiz, as the Council of Europe tells Switzerland that it must present more evidence by September that it is complying with the landmark ECtHR decision.
ClientEarth has published an open letter, saying the Omnibus proposals send a “clear political signal” that the EU is deprioritising human rights and environmental protections.
“We must rethink ESG mechanisms that often wrongly exclude all defence investment as ‘unethical’” say UK MPs, who argue that ethical labels may be hampering the country’s ability to ramp up defence spending – whilst France also considers restoring its defence industries to ethical investment status.
California and four other states have proposed legislation that would sidestep any federal attempts to reduce drinking water standards – with specific reference to PFAS.
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.
“Given the First Amendment’s protection of a university’s freedom to determine its own curriculum, and how to deliver it, the constitutional violation behind this threat is clear,” says the dean of Georgetown Law in response to a letter demanding the elimination of all DEI from the school and its curriculum.
The US Environmental Protection Agency under Lee Zeldin alleges “financial mismanagement, conflicts of interest and oversight failures” by the previous leadership and demands an investigation of Biden-era NGO funding – amid reports of pushback from a US attorney and a DC judge.
The US Chamber of Commerce is joined by the American Petroleum Institute, the National Mining Association and the Business Council of New York in filing a lawsuit against the state of New York’s Climate Change Superfund Act – targeting the "massive retroactive penalties” it imposes on energy companies.
The American Bar Association has issued a press statement criticising US government efforts to undermine the courts and the legal profession - after the White House suspended security clearances for two Covington lawyers and FTC commissioners were barred from attending events hosted by the “left-wing and radical” ABA.
An 11th hour accord was reached in the United Nations-led COP 16 meeting in Rome to set up a fund to protect biodiversity, after negotiations failed to reach a conclusion in Cali, Colombia, in October 2024. But more needs to be done, say NGOs.
Following last week's Omnibus announcement, the European Union has published its draft proposals to simplify the taxonomy – claiming a 66% reduction in reporting data points.
“Widespread adoption of mandatory rules suggests that even if regulatory requirements fluctuate in certain jurisdictions, companies remain likely to face increasing global compliance obligations,” it says.
On the same day the EU published its Omnibus package, senior members of congress wrote a letter urging the Trump administration to “support European calls to indefinitely pause CSDDD” – while an earlier letter from 26 state officials demanded a US investigation of EU sustainability directives.
Introduced on the same day as the Omnibus Simplification Package, the plan will invest €100 billion in accelerating decarbonisation and promoting industrial competitiveness.
The World Council of Churches (WCC) has announced that it has submitted comments to the International Criminal Court (ICC) after it launched a consultation in December 2024 to advance accountability for environmental crimes under the Rome Statute.
Environmental groups are suing the US president and two members of his White House team in an attempt to prevent the reversal of Biden’s January memoranda which protected large amounts of the US coastline from oil and gas drilling.
The EU Council presidency and the European Parliament have agreed to revise the Waste Framework Directive to reduce food waste and develop a more sustainable textile sector – with potential increased levies for fast-fashion brands.
Forward Law Review asked the commission six key questions on its forthcoming Omnibus Simplification Package – covering its announcement date, reporting timelines, the potential inclusion of CBAM, the impact of politics, and potential wider legislative changes. Here we present the commission’s lengthy response in full.
Germany joins France, Denmark and Spain in publishing position papers on the forthcoming Omnibus – but the scale of their recommendations varies significantly.
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.
Under Lee Zeldin’s stewardship, the US agency is looking to review the Clean Air Act, California’s low emissions vehicles rules and funding for NGOs amounting to $20 billion.
“It's a question of separating the noise from the signal,” said Alan Andrews, interim CEO of the NZLA, on the topic of recent political pushbacks against sustainability. “I think we will see a temporary blip.”
“The judge ruled that Shell should curb its emissions, but they did not determine at what rate,” says the Friends of the Earth group - as Shell tells Forward Law Review that it “currently has no obligations” to Milieudefensie under the Court of Appeal judgment.
“The rule is deeply flawed and could inflict significant harm on the capital markets and our economy,” says SEC chair Mark Uyeda – a view rejected by fellow commissioner Caroline Crenshaw who argues that this position was arrived at “unilaterally”.
Citing the recent Spence v American Airlines judgment, a group of state finance officials has written to the SEC and DOL, urging them to introduce rules and enforcement “to monitor the ESG and DEI activities of fiduciaries and asset managers, including heightened scrutiny of proxy voting activities.”
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.
The UK published its 2035 Nationally Determined Contribution (NDC) emissions reduction target on 30 January 2025. The submission provides “information to facilitate clarity, transparency and understanding” on the UK’s NDC target to reduce all greenhouse gas emissions by at least 81% by 2035 compared to 1990 levels.
“Other omnibuses for different sectors will follow,” says Ursula von der Leyen as the EU publishes the official version of the Competitiveness Compass.
The South American trade bloc’s agreement with the EU, reached in December, places significant emphasis on the Paris Agreement and sustainable development. With comment from Maria Victoria Tuculet, partner at Bomchil in Buenos Aires.
Ten state attorneys general, led by Ken Paxton in Texas, have threatened six of the biggest US financial institutions with legal action, suggesting that “race- and sex-based quotas” may violate federal and state laws.
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.
“Each agency shall take immediate steps to end Federal implementation of unlawful and radical DEI ideology,” says the White House, as it revokes Biden-era diversity programmes.
Trump’s executive order pledges to quit “international agreements and initiatives that do not reflect our country’s values or our contributions to the pursuit of economic and environmental objectives.”
The European Commission is likely to propose a ban on so-called 'forever chemicals' -Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) - with exemptions for industrial use.
As the European Council meets to discuss the ‘Omnibus Regulation’, the president of the European Commission told the World Economic Forum in Davos that the EU is being held back by “unnecessary red tape” – including its sustainable finance and due diligence rules – and that the commission intends to deliver a ‘28th Regime’.
A wind farm was wrongly denied planning permission because the planning authority did not give due regard to the relevant provisions in Irish climate law, according to the decision in Coolglass Wind Farm v An Bord Pleanála.
Forty-seven governments and the shipping industry have jointly proposed text for a GHG emissions pricing mechanism to the UN’s International Maritime Organization, although several major shipping nations were not signatories. With comment from Luiz Gustavo Bezerra and Gedham Gomes at Tauil & Chequer Mayer Brown.
The US government has released regulatory guidance on its clean fuels production credit – as the EU’s rules on sustainable aviation fuel come into effect.
The UK’s parliamentary Business and Trade Committee were “horrified” by Shein representative’s refusal to engage with questions about whether the fast-fashion retailer sells products containing cotton from the Xinjiang province in China.
The US Chamber of Commerce and the American Petroleum Institute blast the state’s “attempt to impose strict liability on companies based in other States for their purported shares of global greenhouse gas emissions”.
During a parliamentary inquiry the retailers called for better legislation and warned that the UK could become a “dumping ground” for goods resulting from modern slavery.
Morgan Stanley, Citigroup and Bank of America are the latest banks to exit the Net Zero Banking Alliance – on the heels of Wells Fargo and Goldman Sachs.
The Australian government intends to introduce penalties for non-compliance as it pledges to act on 25 of the recommendations made by a report on the 2018 Modern Slavery Act – but has declined to lower the revenue threshold to A$50 million. With commentary by Amanda Lyras at Clayton Utz.
President Biden has set new and more ambitious emissions targets for the United States – just weeks before the return of Donald Trump, who is likely to withdraw from the Paris Agreement.
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.
The Canadian government has announced a GHG emissions reduction target of 45-50% by 2035, although its own advisory board has said this is the minimum it should aim for.
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 Paris Agreement contains binding and meaningful mitigation obligations to ensure the protection of the climate system from anthropogenic greenhouse gas emissions,” says the UK attorney general in response to calls for more oversight for states – as some commentators label this a missed opportunity.
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.
Against a backdrop of compromise and limited global progress at COP29 on mitigation and adaptation, a CCC report finds renewed engagement from the UK government and positive developments in carbon trading.
The Swiss government has opened a consultation on amending the Ordinance on Climate Disclosures – after the European Court of Human Rights found in April that the country had “critical gaps” it its domestic regulatory framework.
Listed companies – and others that “have a significant weight in the jurisdiction” – will be required to fully adopt Hong Kong’s ISSB-aligned standards by 2028.
The investment bank says it is focused on the “increasingly elevated sustainability standards and reporting requirements imposed by regulators around the world” – as US Republican lawmakers and enforcers continue to rail against the role of the financial services industry in the drive to achieve net zero.
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.
“The outcome of these proceedings will reverberate across generations,” say island states who argue that “a profound sense of urgency” is needed to tackle climate change - while the US argues that current international agreements are sufficient.
The EUDR is now expected to apply from 30 December 2025 – along with an ‘emergency break’ – after the European People’s Party abandoned its controversial no-risk amendment.
After two years of negotiations, efforts to create a globally binding treaty to tackle plastic production and waste reached an impasse – despite support from major companies such as Unilever and Kraft-Heinz to introduce global regulation of the plastics industry.
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.
Ursula von der Leyen announced that the European Commission is looking at reducing the corporate sustainability reporting burden by folding the taxonomy, CSRD and CSDDD into a single piece of legislation.
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.
The last minute announcement of a new finance goal of US$300 billion triples the previous figure to help countries affected by climate disasters but falls far short of the US$1.3 trillion target.
