China - Hong Kong

The Stock Exchange of Hong Kong Limited (HKEX) recently published a consultation paper proposing to mandate all listed companies in Hong Kong to provide climate-related disclosure in their Environmental, Social and Governance (ESG) reports. The proposal is formulated with reference to the Climate Standard exposure draft published by the International Sustainability Standards Board and will be introduced…

Last month, the Delaware House of Representatives and Senate passed Concurrent Resolution No. 20 (the “Resolution”) related to aqueous film forming foam (AFFF). While concurrent resolutions lack the force and effect of law, they may form joint task forces or express requests from the legislature.

Used as a fire suppressant, AFFF is a known source…

On Monday, the 9th Circuit Court of Appeals held that the City of Berkeley ordinance entitled “Prohibition of Natural Gas Infrastructure in New Buildings” was preempted by the Energy Policy and Conservation Act.  The relevant language in the EPCA provides as follows: 
no State regulation concerning the energy efficiency, energy use, or water use of…

At the Spring 2023 National Meeting of the US National Association of Insurance Commissioners (“NAIC”), a number of sessions were held focused on environmental, social and governance (“ESG”) initiatives, led by the Special (EX) Committee on Race and Insurance (the “R&I Committee”) and the Climate and Resiliency (EX) Task Force (“C&R Task Force”), both of…

The Commission is also consulting on proposed targeted amendments to the Taxonomy Climate Delegated Act and on the Taxonomy Disclosures Delegated Act.

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

On 5 April 2023 the European Commission opened a consultation on its proposal for four additional environmental objectives under the EU Taxonomy Regulation[1] (the Taxonomy), including: (i) sustainable use and protection of water and marine resources; (ii) transition to a circular economy; (iii) pollution prevention and control; and (iv) protection and restoration of biodiversity and ecosystems.

The Commission is seeking feedback on technical screening criteria (TSC) for economic activities that may substantially contribute to one or more of those four environmental objectives. The TSC do not only identify the technical requirements that an activity must meet to be considered to make a substantial contribution to one of these areas, they also specify the conditions by which the activities can be considered to not do any significant harm to the remaining areas.

The Commission has already adopted TSC related to the economic activities of two other environmental objectives: climate change mitigation and climate change adaptation.

The Commission is also proposing amendments to the Taxonomy Climate Delegated Act, introducing additional activities that may be considered to substantially contribute to climate change mitigation or climate change adaptation, as well as the Taxonomy Disclosures Delegated Act.

By Jean-Philippe Brisson, Yvette D. Valdez, Michael Dreibelbis, and Jim Lambert

The UN sustainable aviation compliance program, known as CORSIA, has released its eligibility requirements for emissions units for its next phase, starting in January 2024. These updates are likely to impact global carbon markets in determining the emissions units that airlines can use for their future compliance needs. Moreover, since CORSIA’s requirements are widely considered an important benchmark of quality and integrity for voluntary offset credits, their impact is likely to extend beyond the aviation sector.

In Robinson v. Superior Court (2023) 88 Cal.App.5th 1144, the Fifth District Court of Appeal held that Southern California Edison (SCE), as an investor-owned public utility, was not required to comply with CEQA in an eminent domain action because SCE was neither a “public agency” under CEQA nor did SCE need approval from a public agency to condemn private property. In separate holdings, not discussed further in this summary, the Court also found that the trial court failed to make explicit findings on the record that SCE satisfied the conditions precedent to the exercise of power of eminent domain set out in Code of Civil Procedure section 1240.030, and, as a result, the Court determined there was prejudicial error as portions of SCE’s claims were not supported by substantial evidence. The Court issued a peremptory writ ordering the trial court to vacate its order granting SCE’s motion for prejudgment possession and to conduct further proceedings on the motion.

By A. Scott Hecker, Adam R. Young, Patrick D. Joyce, James L. Curtis, and Craig B. Simonsen

Seyfarth Synopsis: On April 14, 2023, we attended a webinar presented by U.S. DOL Solicitor Seema Nanda, DOL Wage and Hour Division Principal Deputy Jessica Looman, DOL Occupational Safety and Health Administration Assistant…