This update covers information regarding the California Air Resources Board (CARB) rulemaking delay for California’s climate disclosure laws, SB 253 and SB 261, as well as additional new litigation challenging the constitutionality of these laws. The bottom line for companies is that despite the rulemaking delays and ongoing litigation, the laws remain valid and in
EU Adopts CBAM Simplification Regulation: 10 Key Amendments and Challenges Ahead
On 17 October 2025, Regulation (EU) 2025/2083 of the European Parliament and of the Council of 8 October 2025 amending Regulation (EU) 2023/956 as regards simplifying and strengthening the carbon border adjustment mechanism (“CBAM”) was published in the Official Journal of the European Union (the “CBAM Simplification Regulation”). This is the first instrument to amend
The Summer of ESG
We aren’t half way though August yet and already the Summer of ’25 has been a hot one for corporate sustainability disclosures in the EU and UK.
On 31 July 2025, EFRAG launched its 60-day consultation on the Exposure Drafts of the revised and simplified European Sustainability Reporting Standards (“ESRS”) for those reporting under the
Business and Human Rights: ICJ issues opinion on State obligations in respect of climate change
On 23 July 2025, the International Court of Justice (ICJ) issued a landmark advisory opinion at the request of the United Nations General Assembly, holding that States have a legal obligation to protect the environment, including to address climate change (the “Opinion“). The Opinion also recognised that a “clean, healthy and sustainable environment”
EBA Proposes Amendments to ESG Reporting Requirements for Banks
On 22 May 2025, the EU banking supervisor The European Banking Authority (EBA) announced the release of several proposed amendments to its Pillar 3 disclosure requirements, previously contemplated under the CRR3 banking package. These amendments clarify ESG risk-related reporting for small and medium-sized banks, as well as expand on the guidelines for larger institutions. Feedback
EU Delays CSRD and CSDDD Implementation with “Stop-the-Clock” Directive
- CSRD Reporting Delay: The directive postpones CSRD
Brazilian National Council of Justice Recommends Parameters for Quantifying the Climate Impact of Environmental Damages
The Brazilian National Council of Justice (CNJ) has recently issued Recommendation No. 156/2024, advising all branches of the Brazilian Judiciary and judges to adopt the second scope of the CNJ’s Protocol for Judging Environmental Lawsuits (Protocol). This second scope provides guidelines for quantifying the impact of environmental damages on climate change. In 2023, the CNJ
Dutch Court of Appeal rules on Shell CO2 Emissions
Other contributor: Jan Buschfeld
On 12 November 2024, a Dutch appeals court ruled that Shell does not have to reduce its CO2 emissions by 45% by 2030 compared to 2019 levels, as previously ordered by the Hague District Court on 26 May 2021. Shell now has the right to adjust its own emissions reductions targets
COP-29: Progress in the Operationalization of the International Carbon Credit Market
On November 11, 2024, one of the first substantive outcomes of the 29th Session of the UN Conference of the Parties to the UN Framework Convention on Climate Change (COP29) was approved. The President of COP19 introduced a draft decision of the Conference of the Parties Serving as the Meeting of the Parties to the
UK National Audit Office Publishes Overview of New Government’s approach to Environment and Climate Change
On 15 October, the UK’s independent public spending watchdog (the National Audit Office or NAO) published its overview of the Government’s approach to the three areas of environmental improvement, net zero and climate change adaptation.
The report provides a high-level critique of Government programmes to date on these three interrelated areas emphasising the scale of