Jones Day’s Post

Following adoption of the SEC's much anticipated climate disclosure rules, multiple parties filed petitions for review in various jurisdictions. Petitioners include business groups, energy companies, trade associations, and environmental groups. The Judicial Panel on Multidistrict Litigation chose the Eighth Circuit to hear all challenges to the SEC’s rules. Sarah Levine, Howard Sidman, and Rose Mooney have contributed a review of this flurry of litigation, and the anticipated substantive challenges to the SEC's rules, to the Harvard Law School Forum on Corporate Governance. Click here to read the article: https://ow.ly/TpRh50SBMoL #corporategovernance #ESG

Following adoption of the SEC's much anticipated climate disclosure rules, multiple parties filed petitions for review in various jurisdictions. Petitioners include business groups, energy companies, trade associations, and environmental groups. The Judicial Panel on Multidistrict Litigation chose the Eighth Circuit to hear all challenges to the SEC’s rules. Sarah Levine, Howard Sidman, and Rose Mooney have contributed a review of this flurry of litigation, and the anticipated substantive challenges to the SEC's rules, to the Harvard Law School Forum on Corporate Governance. Click here to read the article: https://ow.ly/78w150SANCc #corporategovernance #ESG

Following adoption of the SEC's much anticipated climate disclosure rules, multiple parties filed petitions for review in various jurisdictions. Petitioners include business groups, energy companies, trade associations, and environmental groups. The Judicial Panel on Multidistrict Litigation chose the Eighth Circuit to hear all challenges to the SEC’s rules. Sarah Levine, Howard Sidman, and Rose Mooney have contributed a review of this flurry of litigation, and the anticipated substantive challenges to the SEC's rules, to the Harvard Law School Forum on Corporate Governance. Click here to read the article: https://ow.ly/9y9x50SBTq9 #corporategovernance #ESG

In a recent ESG Dive article, attorney Allison Smith provides her insights into ESG-aligned legislation recently adopted in California and how these new laws are helping to set the blueprint for regulation of climate-related disclosures, stating, “With California under SB 261, as well as the SEC creating frameworks for governmental reporting of climate-related financial risks, other states may be more likely to also adopt their own disclosure requirements that complement the SEC rule.” https://ow.ly/RE5L50Qcg4S #ESGLegislation #Environment #Energy #Climate #EnvironmentalLaw #EnergyLaw #Law #Lawyer #Attorney #StoelRives

Are you up to date with the latest developments in climate-related disclosures, litigation and due diligence requirements? Read our latest briefing in collaboration with the Commonwealth Climate and Law Initiative (CCLI), to navigate the rapidly-evolving landscape of sustainability-related corporate responsibilities and deep-dive into the latest developments in: ➡️ Climate-related derivative claims ➡️ Due diligence regulations ➡️ Establishment of reporting standards ➡️ International assurance standards Find the briefing here: https://bit.ly/3QPhI8K

Appeal allowed! Mr Smith can proceed with his claim. A ground-breaking day for climate litigation and tort law in the common law world. The Supreme Court held that there was no reason, at the strike out stage, to conclude that tort law could not apply in the realm of climate change and that this was not overriden by the statutory regime. Further, the Court differed from the Court of Appeal on the role of "special damage" and causation in public nuisance. As a result, it considered it was appropriate to also allow the negligence and novel duty claims to proceed. The claims will now be subject to a full substantive consideration (a strike out application only considers whether the claims have no reasonably arguable basis, i.e. the claim is so untenable that it cannot succeed). More analysis to follow! #climatechange #climatelitigation #esglitigation #esg

The Smith climate change judgment will be released by the Supreme Court at 11am on Wednesday. Regardless of the result, it will be a big deal. Unsurprisingly, I’ve cleared my afternoon 👀⚖️⬇️ Mr Smith alleges that seven large corporates have harmed him in nuisance, negligence and a novel duty of care through their emissions. It’s the first attempt to apply tort law (the law allowing people to claim compensation for harm caused by private wrongs based on the parties’ relationship) to climate change litigation. Internationally, these claims are often based on misrepresentation, securities law, statutory obligations on companies, human rights law or public law against states. All three claims were struck out (i.e. dismissed at a preliminary stage on legal grounds) by the Court of Appeal. The Supreme Court heard a week of arguments in August 2022 and will decide whether the case proceeds to a full hearing (with discovery, evidence and a High Court hearing). This Wednesday’s judgment will have significant impacts on the future of climate change litigation in New Zealand and the rest of the world (I know from my European colleagues how often the High Court and Court of Appeal decisions in Smith have been cited there). We’ll have some initial reaction out on Wednesday, followed by more detailed commentary. #climatechange #climatelitigation #esg #esglitigation 📸 Ralph Hutter / Unsplash

Overseeing the production of Legalwise Seminars' upcoming Climate Change Litigation Webinar has been an engaging journey. I've been exploring the legal dynamics surrounding sustainability—recent cases, greenwashing regulations, and carbon credits, which has been really insightful. By collaborating with experts: Ilona Millar, Clifford Ireland, Claire Smith, Emily Tranter, and Graeme Dennis, we've produced an informative conference to aid understanding in this evolving area of law. #ClimateLaw #Sustainability #LegalCPD

Climate change is a growing concern for many stakeholders, and corporate disclosure and governance are more important now than ever before. A recent report by Harvard Law School Forum on Corporate Governance shows the state of #climatedisclosure and #governance. https://lnkd.in/gbrGneiH