On March 25, 2024, the Brazilian federal government published Decree No. 11.961/2024, establishing an advisory and deliberative group, the Brazilian Sustainable Taxonomy Interinstitutional Committee (“CITSB”), which will coordinate the development and implementation of the Brazilian Sustainable Taxonomy (“TSB”). The TSB will establish a classification system for sustainable projects and activities, providing standardized terminology for companies,
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DEFORESTATION REGULATION: IMPACTS OF A POSSIBLE DELAY IN RISK CLASSIFICATION OF COUNTRIES AND OTHER RECENT DEVELOPMENTS
On 9 June 2023, the European Union published Regulation (EU) 2023/1115 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation (the “Deforestation Regulation” or the “EUDR”). The EUDR entered into force on 29 June 2023, although the main prohibitions…
US APPEALS COURT TEMPORARILY HALTS SEC’S CLIMATE CHANGE DISCLOSURE RULES
On March 15, 2024, the US Court of Appeals for the Fifth Circuit granted an administrative stay of the climate-related disclosure rules recently adopted by the US Securities and Exchange Commission (the “SEC”). The SEC rules require public companies to provide information about climate-related risks that could significantly impact their business or financial statements. See…
QUICK REFERENCE CHART ON KEY GLOBAL CLIMATE-RELATED DISCLOSURE RULES
Climate disclosure regulations are among the most significant and complex challenges faced by companies and boards, with a variety of requirements emanating from numerous governmental authorities and non-governmental organizations (NGOs) in recent years. Mayer Brown lawyers from around the world produced a White Paper on Global Climate Change Disclosure Initiatives and Board Corporate Governance Considerations, which can be …
HEY GEN AI: HOW DO YOU SOLVE A PROBLEM LIKE GREENWASHING?
First published in the Financial Times’ Banking Risk & Regulation, the article by Cail Wyn Evans and Oliver Williams explores the adoption of GenAI to identify greenwashing.
Continue reading at Mayerbrown.com.
A DEEP DIVE INTO BLUE FINANCING
Although Environmental, Social and Governance-related (“ESG”) initiatives continue to face some political headwinds, and the ESG-linked debt market suffered a downturn in 2023, a nascent product type is piquing the interest of certain players in the sustainable debt space. Several debtors have entered the so-called blue financing space in an effort to contribute to…
BUSINESS AND HUMAN RIGHTS: EU POLITICAL AGREEMENT ON FORCED LABOR PRODUCT BAN
On March 5, 2024, the European Parliament and the Council of the European Union reached a “political agreement” on a Regulation prohibiting products made with forced labor on the European Union (“EU”) market.1 While binding legislation was initially proposed by the European Commission (“Commission”) in September 2022 (see Legal Update of 14 September 2022…
NGO successfully challenges planning inspectors’ report on energy performance standards
The recent decision (20 February 2024) of the High Court in R (Rights Community Action) v Secretary of State is a rare example of an NGO succeeding in a climate change legal action under English law. In the case, Rights Community Action persuaded the High Court to overturn a finding by the Secretary of State’s…
LAWSUIT CHALLENGES RECENT CALIFORNIA CLIMATE DISCLOSURE LAWS
A new lawsuit filed by several business interest groups seeks to overturn two recent California laws relating to emissions disclosures (SB253) and climate-related financial risk disclosures (SB261), which would require thousands of covered companies to begin making disclosures as early as 2026. This Legal Update addresses the main arguments of the lawsuit, the initial reaction…
EU lawmakers agree on proposal to regulate ESG ratings providers
On 5 February 2024, the Council of the EU and the European Parliament reached a provisional agreement for a regulation on ESG rating activities (the “Proposed EU Regulation”). The Proposed EU Regulation differs in certain respects from the version that was agreed upon by the Council of the EU in December 2023.
The Proposed EU…