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European Parliament backs wider CBAM and tougher anti-circumvention rules 

MEPs have backed reforms extending the EU carbon border adjustment mechanism to downstream products and strengthening rules against circumvention.

Accenture agrees to pay US$25m over alleged discriminatory employment practices 

The False Claims Act settlement follows similar Justice Department resolutions with Deloitte and IBM over federal contractors’ alleged use of race or sex in employment decisions.

UK climate advisor sets net zero condition for Heathrow expansion 

The committee said aviation must bear the cost of sustainable fuels and permanent carbon removals before ministers approve a third runway.

US judge allows Connecticut firefighters’ PFAS monitoring case to proceed 

The ruling adds a personal injury and product liability dimension to disputes over who should bear the costs of PFAS exposure.

EPA repeals most US power plant greenhouse gas standards and proposes removing remainder 

The agency is also advancing a broader interpretation of the Clean Air Act that could restrict future federal regulation of power-sector emissions – with environmental groups promising legal action.

Queensland moves to restrict mining objections 

The Australian state has proposed reforms restricting who can object to mining leases as the government seeks to curb what it calls environmental ‘lawfare’ and end the automatic referral of objections to the Land Court.

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.

Chemours, DuPont and Corteva agree US$590m North Carolina PFAS settlement 

The agreement resolves state and local government litigation over contamination linked to Chemours’ Fayetteville Works facility and adds to a growing body of PFAS settlements shifting remediation and drinking-water costs towards chemical manufacturers.

Federal court rejects Trump administration order keeping Michigan coal plant open 

The DC Circuit has ruled that the US Department of Energy exceeded its emergency powers by preventing the retirement of a Michigan coal plant, finding that the Federal Power Act reserves such intervention for electricity supply risks requiring immediate federal action.

Why businesses are reconnecting sustainability compliance with strategy

EU simplification, a greater focus on financial materiality and the prospect of tougher enforcement are changing how companies approach sustainability, Kirkland & Ellis partner Rebecca Perlman tells Forward Law Review.

European Parliament committee backs SFDR reform position 

The European Parliament’s economic and monetary affairs committee has backed its position on reforms to the Sustainable Finance Disclosure Regulation – moving the proposed replacement of the Article 8 and Article 9 framework closer to negotiations with EU member states.

Twenty-one state AGs sue US administration over endangered species rules 

The lawsuits challenge newly adopted federal rules that narrow longstanding protections for endangered and threatened species, with potential consequences for biodiversity safeguards and the permitting of development and energy projects.

Amsterdam court allows Milieudefensie climate case against ING to proceed 

The Dutch NGO’s claims over ING’s financed emissions and fossil fuel financing have cleared the admissibility stage. Loyens & Loeff lawyers Marit Bosselaar and Sjoerd Pennink say arguments over the effectiveness of Scope 3-related relief are unlikely to provide defendants with an early procedural exit.

EU Public Procurement Act would strengthen environmental and social criteria 

The European Commission wants public buyers to give greater weight to sustainability when awarding contracts, introduce mandatory green requirements for certain products and bring the CSDDD’s public procurement provision into the new framework.

ISS says SEC subpoena ‘raises serious First Amendment concerns’ 

The proxy adviser says a US administration demand for confidential client voting data could expose it and its clients to retaliation for protected speech and voting decisions, as the SEC seeks a court order compelling disclosure.

Federal court overturns approval for Tennessee gas plant 

A US federal court has vacated the environmental review underpinning a major gas-fired power plant in Tennessee, in a significant ruling on the requirements of federal environmental law.

IMO net-zero framework survives key talks as states seek compromise 

Opportunity Green’s Em Fenton says the IMO’s shipping climate framework emerged intact from September negotiations, preserving support for its economic element ahead of a potentially decisive meeting in December.

UK proposes shift from prescribed ESG disclosures to financial materiality 

Companies could lose specific statutory ESG disclosure requirements as the UK government moves towards a financial-materiality model for corporate reporting.

European Commission clarifies single-use plastic rules for bottle caps 

Plastic caps used alongside aluminium foil lids must remain attached to beverage containers during use, while the aluminium component is exempt from the requirement.

EU packaging rules combine tougher obligations with softer enforcement approach

Berlin-based Linklaters partner Markus Appel and managing associate Sebastian Meyn examine the EU's new Packaging and Packaging Waste Regulation as the European Commission signals an unusually accommodating approach to initial enforcement.

US Customs considers sweeping new supply chain disclosure requirements 

Importers could face new requirements to identify supply chain participants, provide foreign customs documents and trace goods and raw materials as the US strengthens customs and forced labour enforcement.

US lawmakers seek answers over declining forced labour import detentions 

A bipartisan group of lawmakers has asked the Department of Homeland Security to explain its enforcement of US forced labour import restrictions amid concerns over declining detention activity and goods entering through third-country supply chains.

New Zealand’s modern slavery reporting regime could push businesses towards due diligence

New Zealand has stopped short of requiring companies to conduct human rights due diligence, but Bell Gully partner Richard Massey says the proposed disclosure requirements could encourage businesses to investigate and address risks within their supply chains.

EU court rejects NGOs’ challenge to 2030 climate targets 

The General Court found that the commission could not reconsider climate targets set by EU lawmakers when determining national emissions allocations, leaving the NGOs' substantive claims over the adequacy of the EU's 2030 ambition unexamined.

California lawmakers pass bill requiring environmental review of large coal projects 

AB 40 would require a full environmental impact report before discretionary approval of large coal handling, storage or export facilities, with the legislation now awaiting Governor Gavin Newsom's decision.

Commission publishes EU Forced Labour Regulation enforcement guidelines 

The 50-page document explains how authorities will investigate suspected forced labour, assess company due diligence and enforce product bans ahead of the regulation's application in December 2027.

Singapore delays sustainable aviation fuel levy for cargo flights 

Singapore will begin collecting its sustainable aviation fuel levy for passenger and general and business aviation flights from October, while delaying its application to air cargo by one year.

California gives companies flexibility over first SB 253 emissions reports 

CARB has set a 10 November deadline for the first Scope 1 and Scope 2 disclosures, while allowing existing emissions reports, alternative calculation methods and, in some circumstances, submissions without emissions data.

Democratic attorneys general defend use of climate risk in US credit ratings 

Eighteen state attorneys general have urged the SEC to reject calls for action against S&P, Moody's and Fitch, arguing that pressure to exclude climate and energy-transition risks could interfere with independent credit rating methodologies.

Industry groups ask US Supreme Court to overturn strengthened soot standards 

The petition challenges a June ruling upholding the EPA's decision to tighten the annual fine particulate matter standard, raising questions over the agency's power to revise air-quality limits outside the Clean Air Act's five-year review cycle.

Deloitte agrees to pay US$21.5m over alleged DEI employment practices 

The False Claims Act settlement is the latest under the Justice Department's Civil Rights Fraud Initiative targeting federal contractors accused of falsely certifying compliance with anti-discrimination requirements.

Federal court rules New York climate superfund law is pre-empted 

The ruling finds New York cannot impose its US$75 billion liability scheme on fossil fuel companies for emissions beyond its borders, with the parties ordered to tell the court how they wish to proceed by 14 September.

US court upholds Oregon extended producer responsibility law 

The ruling rejects constitutional challenges to Oregon's packaging and recycling regime following a five-day trial, as similar extended producer responsibility laws face litigation in California and Colorado.

SEC proposal to overhaul shareholder proposal rule reaches White House review 

The move follows the regulator's decision to end its no-action process and could reshape the federal framework governing which shareholder resolutions reach company proxy statements.

UK recognises 16 overseas carbon pricing schemes for CBAM relief 

The list gives importers initial guidance on when carbon prices already paid overseas may reduce their UK CBAM liability, ahead of the mechanism taking effect in 2027.

ACCR drops appeal in Santos greenwashing case 

The Australasian Centre for Corporate Responsibility has agreed to discontinue its appeal against the Federal Court of Australia's dismissal of its climate disclosure case against oil and gas company Santos, bringing litigation that began in 2021 to an end.

Trump EPA power plant emissions rollback reaches White House review 

The measure could repeal federal greenhouse gas limits for fossil fuel-fired power plants and adopt a new interpretation of the Clean Air Act that could restrict future regulation of power-sector emissions.

16 US attorneys general threaten legal action over Big Four climate reporting commitments 

Coalition led by Nebraska, Texas, Alaska and Florida claims Deloitte, EY, KPMG and PwC's support for climate disclosure initiatives may breach professional duties, consumer protection laws and government contracts.

IMO shipping talks to focus on four competing routes for Net-Zero Framework 

Proposed changes to the IMO Net-Zero Framework could significantly alter its carbon pricing mechanism and funding for developing countries, according to a new Opportunity Green analysis published ahead of negotiations in September.

Forward Law Review launches Forward Next for leading ESG associates 

Forward Law Review is inviting law firms to nominate outstanding associates working across sustainability and ESG law for Forward Next, a new editorial survey recognising the next generation of lawyers in the field.

Australia consults on changes to climate disclosure rules 

The Treasury is considering changes to assurance, guidance and supply-chain information requirements under Australia's mandatory climate reporting regime, with the government seeking to reduce compliance costs while maintaining the quality of disclosures.

Julia Olson: Boulder climate case exposes tension over federal and state authority 

The US Supreme Court's forthcoming Boulder case could determine the future of state climate liability claims against energy companies, with Our Children's Trust founder Julia Olson arguing that efforts to restrict both state litigation and federal regulatory authority create a fundamental legal tension.

Nevada sues US government over Colorado River operating plan 

Nevada has sued the US Department of the Interior over new rules governing Colorado River operations, alleging that the federal government failed to comply with environmental law and existing agreements when determining how future water shortages should be shared.

Norway asks Supreme Court to overturn ruling invalidating three oilfield approvals 

Eleven-judge panel is considering whether deficiencies in assessments of downstream emissions were sufficient to invalidate approvals for the Breidablikk, Tyrving and Yggdrasil developments.

Seventeen states seek injunction against California packaging law 

Coalition asks federal court to halt enforcement of SB 54 while constitutional challenge proceeds, adding a due process claim after a separate court blocked California's recyclability labelling law.

China brings climate obligations into sweeping new environmental code 

With over 1,200 articles, the Ecological and Environmental Code brings carbon trading, greenhouse gas disclosure and climate adaptation into a consolidated statutory framework alongside pollution control and ecological protection.

Environmental Defense Fund sues Trump administration over NCAR climate research cuts

Environmental group alleges the administration unlawfully decided to eliminate climate research functions at the National Center for Atmospheric Research and failed to follow required procedures over the planned closure of its Boulder headquarters.

EU sets out CBAM emissions and verification requirements

Businesses using actual emissions data will need monitoring plans and accredited verification, while reliance on default values can increase the emissions attributed to imported goods.

England planning overhaul backs renewables and restricts new fossil fuel extraction 

New national planning policies give substantial weight to renewable energy projects while introducing a more restrictive approach to coal, oil and gas extraction and limiting additional local biodiversity requirements.

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.

New Zealand parliament passes retrospective ban on climate tort claims 

Legislation will bar existing and future tort claims arising from greenhouse gas emissions, including Mike Smith's landmark case against six major corporate emitters.

US appeals court upholds EPA hazardous substance designation for PFOA and PFOS 

The ruling preserves federal requirements that can expose companies responsible for releases of the two 'forever chemicals' to cleanup costs under the US Superfund law.

SEC ends no-action process as scrutiny of shareholder activism grows 

The US regulator will no longer assess companies’ grounds for excluding shareholder proposals, ending a longstanding source of regulatory guidance in disputes over which resolutions reach a shareholder vote.

Supreme Court hears Māori climate rights challenge to New Zealand government 

Mike Smith argues the Crown’s climate response breaches rights in a case examining the extent to which government climate policy can be challenged through the courts – parallel to his high-profile climate tort case against six major New Zealand emitters.

US urges EU to curb sustainability rules over trade concerns 

Washington is seeking limits on the CSDDD's application to US companies, restrictions on penalties and private litigation, and safeguards against climate requirements being reintroduced through EU guidance.

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.

South Africa’s top court sets aside Shell Wild Coast exploration right 

The Constitutional Court found that belated consultation could not remedy infringements of communities' rights and drew on the International Court of Justice's 2025 opinion on states' climate obligations.

The international reach of Finch

The UK Supreme Court’s 2024 ruling on downstream emissions is increasingly appearing in climate cases beyond Britain, as courts confront similar questions over how the consequences of fossil fuel projects should be assessed.

Climate litigation is becoming an international conversation, says Landmark barrister 

As courts around the world grapple with increasingly complex climate disputes, judges are looking beyond their own jurisdictions for guidance while continuing to apply their own domestic legal frameworks, Margherita Cornaglia tells Forward Law Review.

EU packaging rules take effect with PFAS restrictions 

New EU-wide requirements apply from today, including limits on PFAS in food-contact packaging, with wider recyclability, reuse and recycled-content obligations to follow.

Ninth Circuit refuses rehearing of youth climate challenge to Trump fossil fuel orders 

The full appeals court has left in place a June ruling that the 22 young plaintiffs lacked standing to challenge three executive orders, closing another route to revive their constitutional claims.

New Jersey court approves PFAS settlements worth more than US$2.5bn 

The agreements with 3M, DuPont, Chemours and Corteva combine cash payments with long-term funding and remediation obligations as litigation over who should bear the costs of PFAS contamination expands in the US and internationally.

Youth and advocacy groups sue Canadian government over 2030 climate plan 

Applicants argue federal climate policy rollbacks mean Canada no longer has a credible plan to meet its legally binding 2030 emissions target.

Fiduciary duties: the next frontier of climate litigation 

Recent lawsuits in the US and Canada suggest fiduciary duties may become a growing legal battleground over how pension funds, investment managers and financial institutions address climate risk, write Conor MacDonald and Charles Slidders at the Center for International Environmental Law. 

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. 

Insurance-focused climate lawsuit brought against US energy companies 

Homeowners in Washington have filed a class action lawsuit against several major oil and gas companies and their industry association, alleging that their actions led to extreme weather events and rising home insurance costs.

EU unveils pathways to steer sectoral decarbonisation

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.

EU airline investigation results in ‘gold standard’ for communicating sustainability

Twenty-one airlines have agreed to modify their terminology around sustainability claims following an investigation by the EU Consumer Protection Cooperation Network – but Constantin Eikel, partner at Bird & Bird, says this will provide the industry with much more certainty than other sectors.

Forward 40: the next generation of ESG and sustainability lawyers 

Spanning 15 countries and five continents, the Forward 40 highlights outstanding lawyers working at partner and counsel level who are shaping the future of legal practice in this fast-changing field. 

EU refers Poland to CJEU for failing to submit climate strategy 

“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. 

Michelle Chikezie 

G Elias, Lagos

Emma Bichet 

Cooley, Brussels

Canadian regulator targets asset manager over ESG claims

The Ontario Securities Commission has filed an application for enforcement proceedings against asset manager Purpose Investments and its CEO Som Seif for allegedly misleading ESG-related sales communications. 

Milieudefensie to reassess climate plans of major companies

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”.

Commissioner slams SEC status report on climate disclosures

The SEC “has no intention of allowing the Climate-Related Disclosure Rules to go into effect,” says commissioner Caroline Crenshaw, after the US regulator tells the Eighth Circuit it will not clarify its position on the rules.

Extraterritorial reach of EU directives: compliance risks for African counsel

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.

EU Parliament votes for stop-the-clock Omnibus proposal

The European Parliament has given the go-ahead to delay CSRD reporting by two years to 2028 and to push back the application of CSDDD by one year to July 2028. The proposal passed by 531 to 69, with 17 abstentions.

Strengthening corporate accountability: lessons from my tenure as Canada’s first Ombudsperson for Responsible Enterprise

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.

Defence and ESG: weighing security against sustainability

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.

Global law firms in Trump crosshairs

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.

Georgetown dean rebuts DEI threat from DC US attorney

“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.   

COP 16 agreement reached on $200 billion biodiversity fund 

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.

Member states divided on scope of Omnibus revamp 

Germany joins France, Denmark and Spain in publishing position papers on the forthcoming Omnibus – but the scale of their recommendations varies significantly.

Jones Day boosts environmental practice in Sydney 

Elizabeth Wild joins the firm’s government regulation practice from Norton Rose Fulbright.

New EU regulations will temper growing maritime GHG emissions, EEA report finds

Seafaring GHG emissions have risen steadily since 2015, the European Environment Agency says, as the FuelEU Maritime Regulation comes into effect.

European Commission Responds to ClientEarth 

Olof Gill, Commission spokesperson for transparency, said on 3 January in response to ClientEarth’s complaint about amendments to its document transparency laws:  “Transparency is of...

SCOTUS rejects oil industry petition in Honolulu climate case 

Oil companies asked the Supreme Court to determine whether federal law trumps state-law claims relating to interstate and international GHG emissions. 

South African retirement funds prepare for growing ESG litigation

Over the last five years, the incidence of environmental, social and governance (ESG)-related litigation involving retirement funds globally has grown about 100% per year, writes David Geral, partner at Bowmans in Johannesburg. In South Africa, it is no longer a question of if, but when, the first retirement fund will face litigation.

US and EU push for sustainable aviation fuel

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.

Oxford University launches Climate Policy Monitor

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.

Swedish state gives SSAB €128 million to decarbonise steel production

The European Commission has approved the plan and says competition will not be distorted in supporting the steel producer’s transition from coal-based production to a low emission system.

BlackRock targeted by NGO in greenwashing allegations

ClientEarth has petitioned the French markets authority, but BlackRock says its products meet all regulatory requirements.

Petroleum company not insured for climate claims

The Hawaii Supreme Court ruled that Aloha Petroleum’s insurance policy does not cover for damage caused by greenhouse gas emissions as they are pollutants under the policy wording.

CEOs call for urgent climate action

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.

Tyson Foods sued over “climate smart” beef claims

Non-profit group alleges greenwashing in US lawsuit filed against the world's second-largest meat producer.

Vanguard fined for misleading investors with ESG claims

Judge gives “25% discount”, but total fine of A$12.9 million for greenwashing investment portfolios remains record-breaking.

EY corporate governance survey advocates ambitious approach to sustainability 

Consultancy urges boards to take a more proactive role in making net zero central to the way their businesses operate – before policymakers and resource scarcity force them to do so.

UK High Court confirms coalmine licence was granted unlawfully

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.

EU faces legal action over ‘sustainable’ label for aviation and shipping 

A group of five NGOs has initiated legal proceedings against the European Commission after it rejected their request to review its decision to classify some types of aviation and shipping as eligible for inclusion in the EU sustainable finance taxonomy.

Australian federal court approves $11.3m ESG greenwashing fine

A landmark greenwashing fine against investment company Mercer Superannuation heralds a tighter regulatory framework for ESG financial products in Australia.

UK government relinquishes battle to open first coalmine in decades

The battle to open the UK’s first coalmine in 30 years continues this week, despite the government dropping out of the legal fight. West...

EU gets lighter CSDDD over the line

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.