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Tim Baines is counsel in the London environmental and planning team of Mayer Brown. Tim has a particular interest and background in advising companies and financial institutions in the real estate, energy and sustainability sectors. He has considerable knowledge of UK planning and environmental regimes, renewables incentives regimes, and emissions and climate-related matters.

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In response to growing investor demand for information concerning companies’ sustainability-related financial risks, the sustainability disclosure landscape has rapidly changed over the last decade.  In what marks one of the latest developments to the sustainability disclosure landscape, on 29 April 2022, the European Financial Reporting Advisory Group (“EFRAG“) – a private organisation that provides technical assistance to the European Commission – issued its initial draft European Sustainability Reporting Standards (“ESRS“) for public comment. The ESRS, which EFRAG were tasked with preparing by the European Commission as part of the proposed Corporate Sustainability Reporting Directive (“CSRD“), set out proposed requirements for companies to report on sustainability-related impacts, opportunities and risks under the CSRD.

Continue Reading The European Financial Reporting Advisory Group issues draft European Sustainability Reporting Standards

On 11 February, the European Securities and Markets Authority (“ESMA“) published its Sustainable Finance Roadmap for 2022-2024 (the “Roadmap“).

The Roadmap builds on ESMA’s 2020 Strategy for Sustainable Finance and will be of interest to those in the EU and beyond looking to understand the focus and ambition of the EU’s

This blog was first published by Law.com

As usual, things ran over, but eventually the parties meeting under the United Nations Framework Convention on Climate Change and, separately but together (kind of), under the Paris Agreement, adopted two “Decisions” by consensus, being CP.26 and CMA.3 respectively.

Continue reading at Law.com.

As widely heralded, yesterday marked the start of COP 26, the latest in a seemingly endless succession of climate negations.

Let’s look back to COP 15 (2009), the first COP I attended.  Back then, hundreds of pages of negotiating text (littered with square brackets illustrating undecided points and concepts) went into one end of the process.  Negotiations were on a dual track, with one stream attempting to agree a second Kyoto Protocol commitment period, and another trying to agree a broader way forward which would apply to global emissions.  Targets under the Kyoto Protocol covered around 25% of global emissions and did not constrain those of, for example, China and India.  The US had walked away from the Protocol soon after it was agreed.

Continue Reading The View From COP26

Many factors are putting pressure on corporates and financial institutions to address climate change. The UK is currently rolling out mandatory economy-wide disclosure in accordance with the Task Force on Climate-Related Financial Disclosures (TCFD) Recommendations. Beyond this lies immense investor and stakeholder pressure, including by way of shareholder resolutions, and increased media, NGO

It was recently reported, on 8 September 2021, that investors managing USD 2.3 trillion in assets called for standardised climate and environmental disclosure from more than 1,000 privately held portfolio companies.  The investors, who joined a growing chorus advocating for improved disclosures around environmental issues, requested the private companies to provide such data through the non-profit disclosure platform, CDP, which provides a mechanism for climate disclosures that align with the recommendations of the Task Force on Climate-related Financial Disclosures (TCFD).  The TCFD recommendations were published in June 2017, and have accelerated the focus on climate disclosures by providing the leading framework for disclosures relating to the financial impacts of climate-related risks.

But what are the TCFD recommendations, and how can companies prepare for reporting in compliance with them?

Continue Reading TCFD Recommendations: An Update on Climate Disclosures

Much has been going on over a hot summer of ESG (incidentally, July is reported to have been the world’s hottest month ever recorded). In this Blog Post, we help make sense of the busy season and highlight important developments across Europe and Asia, including:

  • The EU’s “Fit for 55” Package and Taxonomy
  • Carbon Disclosures in the UK
  • The Launch of the TNFD
  • Increasing ESG Litigation
  • Climate-related Regulation in Asia


Continue Reading The Summer of ESG: Developments from Europe and Asia

The EU has presented its proposal for a Carbon Border Adjustment Mechanism (CBAM). The mechanism is closely aligned with the EU’s emissions trading scheme and the purpose of the CBAM is to be able to increase the EU’s internal carbon price without pushing production offshore. This risk of “carbon leakage” arises when energy-intensive