The adoption of the standards marks a key milestone for reporting under the CSRD.

By Paul A. Davies, Michael D. Green, and James Bee

On 31 July 2023, the European Commission (Commission) adopted the European Sustainability Reporting Standards (ESRS),[1] following a four week-long public consultation period.

Background to the CSRD and ESRS

The ESRS represent the standards which set out the specific disclosure requirements for companies that will be required to report on sustainability-related impacts, risks, and opportunities under the EU’s Corporate Sustainability Reporting Directive (CSRD).

The CSRD was announced in 2021 as part of the European Green Deal. The CSRD will amend existing reporting requirements under the Non-Financial Reporting Directive (NFRD) and the EU hopes that CSRD will enhance the comparability and consistency of reported sustainability information from companies in the EU (and beyond). The CSRD will considerably increase the scope of companies required to report, as well as the level of detail required within disclosures.

On July 31, 2023, the White House Council on Environmental Quality (CEQ) released the  second phase of its revisions to the National Environmental Policy Act (NEPA) implementing regulations that govern federal environmental review. Titled the “Bipartisan Permitting Reform Implementation Rule,” the proposed rule reflects CEQ’s aim to revise and modernize the regulations and incorporate updates to address recent statutory changes to NEPA in the Fiscal Responsibility Act of 2023.1

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Fire and water

As previously reported, California may soon pass the most stringent Environmental, Social, and Governance (“ESG”) disclosure requirements in the nation, surpassing even the current U.S. Securities and Exchange Commission (“SEC”) proposed rules.

Since the California Climate Corporate Data Accountability Act (aka “SB 253”) was introduced by Senator Scott Wiener, it has undergone several changes.…