Clifford Chance

• Claims in tort for climate change damage to proceed to trial. The Supreme Court of New Zealand has unanimously held that claims in tort relating to damage caused by climate change can proceed to a full trial, overturning the Court of Appeal's decision to strike out the claim. Jonathan Price Senior Associate 15 February 2024 Read more about Claims in tort for climate change damage to proceed to trial.
  • United Kingdom jurisdiction:europe/western_europe/united_kingdom
  • International jurisdiction:international
• Australian Federal Court rejects Tiwi Islanders Claims against Santos' Gas Project Pipeline On the 15 January 2024, the Federal Court of Australia rejected the claims made by a Tiwi Island group that Santos' underwater gas pipeline (Project Barossa) would damage sea country and anger two creatures of their Dreaming stories. Concerns were also raised regarding whether the publicly funded, Environmental Defenders Office (EDO), presented evidence that involved "confection" and the subtle coaching of witnesses. Naomi Griffin Partner 22 February 2024 Read more about Australian Federal Court rejects Tiwi Islanders Claims against Santos' Gas Project Pipeline
  • International jurisdiction:international
  • Australia jurisdiction:australia_and_oceania/australia
• The Corporate Sustainability Due Diligence Directive takes final shape After no shortage of political drama, two recent votes crystallise the EU's landmark human rights and environmental due diligence legislation, which advances to the final Parliament vote in late April. Daniel Thomson Lawyer 21 March 2024 Read more about The Corporate Sustainability Due Diligence Directive takes final shape
  • Europe jurisdiction:europe
• Greenwashing in advertising lands in the civil courts The recent Netherlands Court decision in relation to KLM highlights the application of EU law to businesses seeking to promote their sustainability efforts. The Court was concerned with the (Dutch implementation of) the European Unfair Commercial Practices Directive and the 2021 European Commission's Guidance on the Interpretation of that Directive, meaning that the case is potentially relevant for all EU Member States. Hugo H.J.T. Kolstee Senior Associate 8 April 2024 Read more about Greenwashing in advertising lands in the civil courts
  • Europe jurisdiction:europe
• The EU's Corporate Sustainability Due Diligence Directive finally passes into law The product of extensive political negotiation, the EU's landmark human rights and environmental due diligence ("HREDD") legislation passes the final legislative hurdle, becoming a key component of the EU's sustainability goals. Daniel Thomson Lawyer 24 May 2024 Read more about The EU's Corporate Sustainability Due Diligence Directive finally passes into law
  • Europe jurisdiction:europe
• The EU's Corporate Sustainability Due Diligence Directive: Impact on US Companies On 25 July 2024, the EU's Corporate Sustainability Due Diligence Directive ("CSDDD") entered into force. It requires EU Member States to introduce laws imposing due diligence obligations on in-scope EU and non-EU companies regarding adverse human rights and environmental impacts. U.S. lawmakers have raised concerns and recently passed a bill within the U.S. House of Representatives to begin evaluating the CSDDD's effects on American businesses domestically. Michelle Williams Partner 3 October 2024 Read more about The EU's Corporate Sustainability Due Diligence Directive: Impact on US Companies
  • Europe jurisdiction:europe
• ECHR finds that State’s climate inaction breaches its human rights obligations The Strasbourg-based court ruled that Switzerland's failures to combat climate change constitutes a violation of the right to respect for private and family life, placing increased pressure on governments to proactively tackle the effects of climate change. Anna Kirkpatrick Director 9 October 2024 Read more about ECHR finds that State’s climate inaction breaches its human rights obligations
  • European Union (EU) jurisdiction:europe/european_union_eu
• The EU Commission introduces proposals to ban "greenwashing" and empower consumers for the green transition The EU Commission (EC) has published a proposal to tackle "greenwashing" and better inform consumers about the sustainability of their purchases by amending two key pieces of consumer legislation: the Unfair Commercial Practices Directive and the Consumer Rights Directive. Laura Hartley Lawyer 6 January 2023 Read more about The EU Commission introduces proposals to ban "greenwashing" and empower consumers for the green transition
  • European Union (EU) jurisdiction:europe/european_union_eu
• DFS Releases Proposed Guidance for Managing Climate-Related Financial Risks DFS expects Regulated Organizations to incorporate climate-related financial risk considerations into existing governance frameworks, risk management processes, and business strategies, and identifies key tools for inclusion in organizations' climate-related risk management arsenal. Celeste Koeleveld Partner 19 January 2023 Read more about DFS Releases Proposed Guidance for Managing Climate-Related Financial Risks
  • Americas jurisdiction:americas
• Council of the EU adopts negotiating position on the proposed Corporate Sustainability Due Diligence Directive Key elements of the Council's text seem unlikely to gain support from MEPs. Ultimately a compromise needs to be found between Council and Parliament for the Directive to be adopted. Eoghan MacDonagh Senior Associate 20 January 2023 Read more about Council of the EU adopts negotiating position on the proposed Corporate Sustainability Due Diligence Directive
  • European Union (EU) jurisdiction:europe/european_union_eu
• Delaware Chancery Court Confirms: Officers Have a Duty of Oversight Over "Mission Critical" Compliance Programs The Delaware Chancery Court has held that officers of a corporation have the same fiduciary duties as directors. This means that corporate officers owe a duty to oversee "mission critical" risks including by implementing effective compliance programs. Peter Guinnane Associate 15 February 2023 Read more about Delaware Chancery Court Confirms: Officers Have a Duty of Oversight Over "Mission Critical" Compliance Programs
  • Americas jurisdiction:americas
• Another Turn on the Catwalk: Refocusing on Greenwashing in the Fashion Industry As fashion companies strive to meet consumer demand for sustainable clothing, they must be mindful not to misstate the environmental impact of their products, which could constitute greenwashing. Kaitlyn Beyer Associate 27 February 2023 Read more about Another Turn on the Catwalk: Refocusing on Greenwashing in the Fashion Industry
  • Americas jurisdiction:americas
• UK court clarifies the money laundering risks for companies with human rights abuses in their supply chains The High Court has clarified that, where adequate consideration is paid for goods, the risk of criminal liability is low, even if criminal conduct exists in the supply chain. Abigail Maton-Howarth Senior Associate 18 April 2023 Read more about UK court clarifies the money laundering risks for companies with human rights abuses in their supply chains
  • United Kingdom jurisdiction:europe/western_europe/united_kingdom
• US Supreme Court Keeps Climate Change Litigation Alive and in State Courts' Hands In a blow to defendants, on April 24, 2023, the US Supreme Court declined to consider five cases in which fossil fuel companies argued that climate change-related tort claims should be heard in federal, and not state, courts. Christopher Tansey Associate 27 April 2023 Read more about US Supreme Court Keeps Climate Change Litigation Alive and in State Courts' Hands
  • Americas jurisdiction:americas
• European Parliament moves closer towards a negotiating position on the proposed Corporate Sustainability Due Diligence Directive. The Legal Affairs Committee of the European Parliament has agreed a draft text likely to resemble the final negotiating position of Parliament following a plenary vote scheduled for 1 June 2023. Eoghan MacDonagh Senior Associate 5 May 2023 Read more about European Parliament moves closer towards a negotiating position on the proposed Corporate Sustainability Due Diligence Directive.
  • Europe jurisdiction:europe
• US Supreme Court Dismisses Lawsuit Against Tech Companies for Hosting ISIS Propaganda On May 18, the Supreme Court held in Twitter v. Taamneh that the family of a victim killed in ISIS's 2017 terror attack in Istanbul could not sue tech companies for aiding and abetting the attack. Mary Elizabeth Bultemeier Associate 24 May 2023 Read more about US Supreme Court Dismisses Lawsuit Against Tech Companies for Hosting ISIS Propaganda
  • Americas jurisdiction:americas
• European Parliament adopts its position on the Corporate Sustainability Due Diligence Directive (CS3D) Despite last-minute negotiations threatening to derail the vote, Parliament adopted its position on the CS3D on 1 June, allowing trilogue negotiations with the European Commission and Council to begin. 2 June 2023 Read more about European Parliament adopts its position on the Corporate Sustainability Due Diligence Directive (CS3D)
  • Europe jurisdiction:europe
• The new EU Batteries Regulation is coming! The EU Batteries Regulation promotes a circular economy throughout the entire life cycle of batteries. Its adoption by the Council on 10 July 2023 completed the legislative procedure. Thomas Voland Partner 20 July 2023 Read more about The new EU Batteries Regulation is coming!
  • Europe jurisdiction:europe
• European Parliament votes in favour of EU Nature Restoration Law: trilogue negotiations phase starts On 12 July 2023, the European Commission proposal for a Nature Restoration Law was voted on by the Parliament which approved its own position text. The proposal will require Member States to put in place recovery measures that will cover at least 20% of the EU’s land and sea areas by 2030, and all ecosystems in need of restoration by 2050. 25 July 2023 Read more about European Parliament votes in favour of EU Nature Restoration Law: trilogue negotiations phase starts
  • Europe jurisdiction:europe
• Greenhushing: why are companies shying away from publicising their green initiatives With an increase in regulator attention over greenwashing claims in Australia, how can businesses best equip themselves to ensure their ESG efforts are defendable and form part of their public messaging? Naomi Griffin Partner 26 July 2023 Read more about Greenhushing: why are companies shying away from publicising their green initiatives
  • Asia jurisdiction:asia
• Montana Court Rules in Favor of Young Plaintiffs in Significant Climate Decision In the first constitutional climate case of its kind to reach trial in the United States, a state district court in Montana ruled in favor of sixteen young Montanans, who invoked their right to a clean and healthful environment under Montana's state constitution to challenge state law limits on state agencies' consideration of climate impacts in permitting decisions. Christopher Tansey Associate 18 August 2023 Read more about Montana Court Rules in Favor of Young Plaintiffs in Significant Climate Decision
  • Americas jurisdiction:americas
• The FCA has set out its plans for mandatory sustainability disclosure requirements for UK-listed companies The FCA announcement follows the release of the first two IFRS Sustainability Disclosure Standards – the widely anticipated global reporting standards for corporate sustainability disclosures James Koessler Senior Associate 23 August 2023 Read more about The FCA has set out its plans for mandatory sustainability disclosure requirements for UK-listed companies
  • United Kingdom jurisdiction:europe/western_europe/united_kingdom
• DOJ Goes for Green in Pursuit of its Comprehensive Environmental Justice Enforcement Strategy DOJ calls out enforcement actions as part of a new focus on environmental justice. Julia Krusen Associate 19 October 2023 Read more about DOJ Goes for Green in Pursuit of its Comprehensive Environmental Justice Enforcement Strategy
  • Americas jurisdiction:americas
• EU sustainability-focused regulation increasingly refers to the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct Updated on 8 June 2023, the Guidelines contain recommendations on responsible business conduct for multinational enterprises. Although not themselves legally binding, the Guidelines do underpin some elements of EU corporate sustainability regulation. Georgie Evison Lawyer 15 November 2023 Read more about EU sustainability-focused regulation increasingly refers to the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct
  • International jurisdiction:international
• Corporate Sustainability Due Diligence Directive provisionally agreed by the EU Council and Parliament The EU institutions provisionally agreed a final text of the EU's landmark human rights and environmental due diligence legislation, which puts full inclusion of the financial sector on ice Daniel Thomson Lawyer 15 December 2023 Read more about Corporate Sustainability Due Diligence Directive provisionally agreed by the EU Council and Parliament
  • European Union (EU) jurisdiction:europe/european_union_eu
• Brussels Court of Appeal orders Belgian State to reduce GHG emissions by 55% by 2030 On 30 November 2023, the Brussels Court of Appeal added to recent European case law by ordering a specified reduction in GHG emissions, considered by the court to be the minimum required for effective climate action. Nathan Tulkens Lawyer 20 December 2023 Read more about Brussels Court of Appeal orders Belgian State to reduce GHG emissions by 55% by 2030
  • European Union (EU) jurisdiction:europe/european_union_eu
• Business and Human R(AI)ghts: The Guiding Principles and Code of Conduct for Organisations Developing Advanced AI Systems The Principles and Code incorporate international BHR standards and provide guidance on risks that might arise when developing AI systems, as well as steps to advance responsible AI stewardship Olivia Johnson Lawyer 20 December 2023 Read more about Business and Human R(AI)ghts: The Guiding Principles and Code of Conduct for Organisations Developing Advanced AI Systems
  • International jurisdiction:international
• French court orders the first injunction to improve a vigilance plan On December 5, 2023, the Tribunal of Paris ordered its first injunction to amend and improve a vigilance plan and set high standards on risk assessment and due diligence processes. Alice Dunoyer de Segonzac Counsel 22 December 2023 Read more about French court orders the first injunction to improve a vigilance plan
  • European Union (EU) jurisdiction:europe/european_union_eu
• Italy's first greenwashing case between corporates In a landmark decision, an Italian Court has upheld a company's request for an interim injunction against a competitor, ordering it to stop making "vague, false, and non-verifiable green claims" 13 January 2022 Read more about Italy's first greenwashing case between corporates
  • Climate change legal_area:esg/climate_change
  • Europe jurisdiction:europe
• Legislative initiatives regulating businesses' impacts on human rights: what do businesses need to know? Governments are implementing legislative initiatives designed to govern businesses' management of their negative impacts on human rights. These requirements increasingly form part of broader efforts to drive responsible business conduct, sustainable corporate governance, and to include business in tackling climate change. Olivia Johnson Lawyer 18 January 2022 Read more about Legislative initiatives regulating businesses' impacts on human rights: what do businesses need to know?
  • Business & human rights legal_area:esg/bhr
  • Europe jurisdiction:europe
  • International jurisdiction:international
• ESG in the Spotlight: Investigations into ESG-related issues and incidents Investigations into Environmental, Social or Governance issues are not new; but expanding regulation and keen scrutiny of ESG performance across all business sectors mean that ESG investigations are on the rise. 1 February 2022 Read more about ESG in the Spotlight: Investigations into ESG-related issues and incidents
  • International jurisdiction:international
• Europe is poised to make its mark as global standard-setter on ESG-focused supply chain due diligence After successive delays and intense debates, publication of the proposal for a new EU law on human rights and environmental due diligence is expected on 23 February 2022. 16 February 2022 Read more about Europe is poised to make its mark as global standard-setter on ESG-focused supply chain due diligence
  • Business & human rights legal_area:esg/bhr
  • Europe jurisdiction:europe
• Japan to introduce human rights due diligence guidelines in 2022 The government plans to prepare non-binding guidelines on human rights due diligence "at top speed" to help companies to identify and prevent human rights-related abuses in their global supply chains. Olivia Johnson Lawyer 21 February 2022 Read more about Japan to introduce human rights due diligence guidelines in 2022
  • Asia jurisdiction:asia
• Local biodiversity and breach of the Birds and Habitats Directives: a claim against the Luxembourg government Two Luxembourg non-profit organisations 'Natur&Ëmwelt' and 'Mouvement Ecologique' have filed a claim with the European Commission against the Luxembourg government for inaction in the face of local biodiversity loss. Ada Schmitt Partner 22 February 2022 Read more about Local biodiversity and breach of the Birds and Habitats Directives: a claim against the Luxembourg government
  • International jurisdiction:international
  • Europe jurisdiction:europe
• NGO issues claim against the UK Government over its "hot air" Net Zero strategy The UK Government is facing litigation over its alleged failure to set out sufficient policies to combat climate change and achieve 'Net Zero' by 2050. Stephanie Heimark Senior Associate 23 February 2022 Read more about NGO issues claim against the UK Government over its "hot air" Net Zero strategy
  • United Kingdom jurisdiction:europe/western_europe/united_kingdom
• European Commission proposes a Directive on Corporate Sustainability Due Diligence Following intense debate, the proposed Directive on mandatory human rights and environmental due diligence ("mHREDD") would establish far-reaching requirements for large companies operating in the EU. Eoghan MacDonagh Senior Associate 24 February 2022 Read more about European Commission proposes a Directive on Corporate Sustainability Due Diligence
  • United Kingdom jurisdiction:europe/western_europe/united_kingdom
• Three dimensions of Greenwashing: An Italian example The recent Italian decision in the Dieselgate saga demonstrates one of the main three ways a corporate may face liability if it gets caught up in greenwashing. 28 February 2022 Read more about Three dimensions of Greenwashing: An Italian example
  • United Kingdom jurisdiction:europe/western_europe/united_kingdom
• Certain U.S. Companies Active in Europe Will Be Subject to New Due Diligence Requirements The Directive would impose due diligence obligations regarding companies' human rights and environmental impacts throughout the value chain—including a mandatory climate plan—and will apply to non-EU companies. Michelle Williams Partner 1 March 2022 Read more about Certain U.S. Companies Active in Europe Will Be Subject to New Due Diligence Requirements
  • Americas jurisdiction:americas
• European Commission seeks feedback on proposed directive on corporate sustainability due diligence The European Commission has launched an eight-week consultation on its proposal for mandatory human rights and environmental value chain due diligence for large companies. 30 March 2022 Read more about European Commission seeks feedback on proposed directive on corporate sustainability due diligence
  • International jurisdiction:international
• SEC Begins "Greenwashing" Enforcement: A Sign of Increasing Risk to Come? The SEC has begun putting teeth into its aggressive regulatory and enforcement posture on "greenwashing" with enforcement actions regarding misstatements and disclosures. 27 May 2022 Read more about SEC Begins "Greenwashing" Enforcement: A Sign of Increasing Risk to Come?
  • Americas jurisdiction:americas
• Transparent and Predictable Working Conditions in the Netherlands The changes provided by the new legislation on Transparent and Predictable Working Conditions may impact your template employment contract, and more! Read why. Sara Schermerhorn Senior Advisor 22 June 2022 Read more about Transparent and Predictable Working Conditions in the Netherlands
  • Europe jurisdiction:europe
• Draft resolution on right to a healthy environment is presented to the UN General Assembly On 21 June, Costa Rica, the Maldives, Morocco, Slovenia, and Switzerland presented the UN General Assembly with a draft resolution on the human right to a healthy and sustainable environment. Olivia Johnson Lawyer 4 July 2022 Read more about Draft resolution on right to a healthy environment is presented to the UN General Assembly
  • International jurisdiction:international
• The Supreme Court rules in West Virginia v. EPA, curtailing the EPA's authority to regulate carbon emissions On June 30, 2022, in West Virginia v. Environmental Protection Agency, the U.S. Supreme Court limited the authority of the Environmental Protection Agency ("EPA") to regulate carbon dioxide ("CO2") emissions from existing coal- and natural-gas-fired plants under the Clean Air Act using a sector-wide approach. Christopher Tansey Associate 13 July 2022 Read more about The Supreme Court rules in West Virginia v. EPA, curtailing the EPA's authority to regulate carbon emissions
  • Americas jurisdiction:americas
• UN General Assembly adopts landmark resolution on right to a healthy environment On 28 July, the UN General Assembly (UNGA) adopted a resolution recognising the universal human right to a healthy and sustainable environment (R2HE). Olivia Johnson Lawyer 2 August 2022 Read more about UN General Assembly adopts landmark resolution on right to a healthy environment
  • International jurisdiction:international
• The OECD Guidelines for MNEs: Suitable standards for businesses on climate? The UK National Contact Point has accepted a complaint made by a group of NGOs that Drax Group PLC (Drax) failed to adhere to the OECD Guidelines for Multinational Enterprises by allegedly issuing misleading or inaccurate statements about its carbon emissions and environmental impacts, reflecting a growing trend to use the guidelines for climate-related complaints. Anna Kirkpatrick Director 5 August 2022 Read more about The OECD Guidelines for MNEs: Suitable standards for businesses on climate?
  • United Kingdom jurisdiction:europe/western_europe/united_kingdom
• Brazilian Supreme Court recognises the Paris Agreement as a "human rights treaty" In PSB et al v Brazil (the "Climate Fund Case"), the Court held that the Paris Agreement is a human rights treaty, meaning the Government is constitutionally obliged to combat climate change. Eoghan MacDonagh Senior Associate 10 August 2022 Read more about Brazilian Supreme Court recognises the Paris Agreement as a "human rights treaty"
  • Americas jurisdiction:americas
• A Different Shade of Greenwashing: US Litigation Over Advertising and Product Packaging Claims Accelerates Consumer litigation over allegedly deceptive trade practices and false advertising tied to ESG-related claims is on the rise, paralleling the attention to greenwashing in securities-related rulemaking and enforcement actions. 17 August 2022 Read more about A Different Shade of Greenwashing: US Litigation Over Advertising and Product Packaging Claims Accelerates
  • Americas jurisdiction:americas
• Japan publishes guidelines for corporates on the responsibility to respect human rights in supply chains The due diligence guidelines aim to assist companies operating in Japan to identify and prevent human rights-related abuses in their global supply chains. Shunsuke Nagae Counsel 3 October 2022 Read more about Japan publishes guidelines for corporates on the responsibility to respect human rights in supply chains
  • Asia jurisdiction:asia
• UN treaty body finds Australia in breach of its international human rights obligations The UN Human Rights Committee (CCPR) reasoned that Australia has failed to implement adequate climate change adaptation measures to protect indigenous communities of the Torres Strait Islands. 20 October 2022 Read more about UN treaty body finds Australia in breach of its international human rights obligations
  • Asia jurisdiction:asia
• Cementing the Reach of US Jurisdiction: Lessons from the Lafarge Case Criminal proceedings against Lafarge in France and the United States are a stark reminder to multinationals of the consequences for prioritizing business continuity over political, safety, and human rights considerations. Mary Elizabeth Bultemeier Associate 31 October 2022 Read more about Cementing the Reach of US Jurisdiction: Lessons from the Lafarge Case
  • Americas jurisdiction:americas
  • Europe jurisdiction:europe
• The Platform on Sustainable Finance issues a report providing guidance on 'minimum safeguards' requirement The report will assist those seeking to comply with the EU Taxonomy Regulation to assess whether an undertaking has procedures to align with the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises. Anna Kirkpatrick Director 16 November 2022 Read more about The Platform on Sustainable Finance issues a report providing guidance on 'minimum safeguards' requirement
  • European Union (EU) jurisdiction:europe/european_union_eu
• Amended Dutch due diligence proposal aims to increase pressure on Dutch legislator and European Commission On 1 November 2022, six Members of the Dutch Parliament presented the amended Responsible and Sustainable Business Conduct Bill (Wet verantwoord en duurzaam internationaal ondernemen, "the amended Bill" ) to the Dutch legislature. Juliette Luycks Senior Counsel 18 November 2022 Read more about Amended Dutch due diligence proposal aims to increase pressure on Dutch legislator and European Commission
  • European Union (EU) jurisdiction:europe/european_union_eu
  • International jurisdiction:international
• Climate change actions against corporations: Milieudefensie et al. v. Royal Dutch Shell plc. In December 2020 a hearing took place before the District Court in The Hague (the Netherlands) in the climate change case between Milieudefensie et al. v. Royal Dutch Shell plc. A decision is expected on 26 May 2021. In this blog we set out the key issues that were addressed. Juliette Luycks Senior Counsel 13 January 2021 Read more about Climate change actions against corporations: Milieudefensie et al. v. Royal Dutch Shell plc.
  • Climate change legal_area:esg/climate_change
  • Europe jurisdiction:europe
• European Union adopts Magnitsky-Style Global Human Rights Sanctions Regime On 7 December 2020, the Council of the European Union established the EU Global Human Rights Sanctions Regime, in Council Regulation (EU) 2020/1998 and Council Decision (CFSP) 2020/1999 (the "EU Human Rights Sanctions Regime"). Following a wider global trend, the new regime gives the EU flexibility to target those responsible for or associated with serious human rights abuses, regardless of where the abusers are or the abuses take place, or the EU's wider policy towards an abuser's country of origin. Thomas Voland Partner 6 January 2021 Read more about European Union adopts Magnitsky-Style Global Human Rights Sanctions Regime
  • Business & human rights legal_area:esg/bhr
  • Europe jurisdiction:europe
• Legal action based on the French Vigilance Law triggered by a wind farm project in Mexico The recent summons before the Paris Court of a French electricity producer in the context of local conflicts over a wind farm project in Mexico illustrates the extraterritorial effects of the French Vigilance Law. The Law provides another tool in litigation strategies to challenge transnational business involvement in human rights impacts overseas. Alice Dunoyer de Segonzac Counsel 11 January 2021 Read more about Legal action based on the French Vigilance Law triggered by a wind farm project in Mexico
  • Climate change legal_area:esg/climate_change
  • Europe jurisdiction:europe
• A Shift in US Climate Change Law and Litigation – Impacts on Business Take Shape US federal courts have been sceptical about their authority to compel action on climate change. However, other arms of government are introducing measures, shifting the legal landscape. 23 February 2021 Read more about A Shift in US Climate Change Law and Litigation – Impacts on Business Take Shape
  • Americas jurisdiction:americas
• European Parliament adopts position on corporate due diligence and accountability, now hands baton to Commission The Parliament's Resolution, adopted on 10 March 2021, sets out principles for proposed new legislation on corporate due diligence and accountability for human rights, environmental and governance impacts within businesses' operations and through value chains. Rae Lindsay Partner 11 March 2021 Read more about European Parliament adopts position on corporate due diligence and accountability, now hands baton to Commission
  • International jurisdiction:international
• Lower Courts Grapple with International Organization Immunities after US Supreme Court's Decision in Jam Since the Supreme Court's 2019 decision in Jam v. IFC, judges' views have begun to diverge on international organizations' immunities. The Courts of Appeals will need to clarify the rules. 16 March 2021 Read more about Lower Courts Grapple with International Organization Immunities after US Supreme Court's Decision in Jam
  • Americas jurisdiction:americas
• Climate Change Act partially violates German Constitution – major emission reduction burdens may not be offloaded onto the future In a ruling published on 29 April 2021 the Federal Constitutional Court held that the provisions of the German Federal Climate Change Act of 12 December 2019 governing national climate change targets and annual emission budgets until 2030, are incompatible with fundamental constitutional rights, since they lack sufficient specifications for further emission reductions from 2031 onwards. Thomas Voland Partner 30 April 2021 Read more about Climate Change Act partially violates German Constitution – major emission reduction burdens may not be offloaded onto the future
  • International jurisdiction:international
• Climate Change, Human Rights and Corporate Duties – Dutch Court Issues Landmark Decision In a landmark judgment, Royal Dutch Shell (RDS) has been ordered by the District Court of The Hague to reduce its CO2 emissions by 45% by 2030, as compared with 2019 levels. Tiemen Drenth Counsel 28 May 2021 Read more about Climate Change, Human Rights and Corporate Duties – Dutch Court Issues Landmark Decision
  • Europe jurisdiction:europe
• German parliament passes act on corporate due diligence in supply chains Targeted at enterprises registered in Germany, the Supply Chain Act establishes a comprehensive framework of due diligence and reporting obligations relating to human rights and environmental issues in global supply chains. Thomas Voland Partner 15 June 2021 Read more about German parliament passes act on corporate due diligence in supply chains
  • International jurisdiction:international
• US Supreme Court's Rejection of Child Slavery Suit Leaves Open Possibility of Liability for US Companies The US Supreme Court has decided that the Alien Tort Statute ("ATS") does not permit a long-running suit against two US companies for aiding and abetting child slavery abroad but sidestepped the issue of whether suits against US companies are possible. Steve Nickelsburg Partner 21 June 2021 Read more about US Supreme Court's Rejection of Child Slavery Suit Leaves Open Possibility of Liability for US Companies
  • Americas jurisdiction:americas
• Belgian climate policy is negligent and a violation of human rights, says Brussels Court In a landmark case, the Brussels Court of First Instance has condemned the Belgian federal government and the three regional governments for a deficient climate policy. Nathan Tulkens Lawyer 28 July 2021 Read more about Belgian climate policy is negligent and a violation of human rights, says Brussels Court
  • Europe jurisdiction:europe
• Environmental Social Governance put into practice: a Belgian duty of care act? A recent Belgian legislative proposal (the "Proposal") aims at introducing a duty of care and responsibility for companies, who will have to make sure that their business takes into account human, environmental and employment rights by implementing mechanisms to identify, prevent, mitigate, monitor and remedy violations of these rights. Nathan Tulkens Lawyer 30 July 2021 Read more about Environmental Social Governance put into practice: a Belgian duty of care act?
  • Europe jurisdiction:europe
• The Commission's corporate governance initiative stalls, while calls for due diligence obligations continue undimmed The European Commission's proposal for mandatory human rights and environmental due diligence ("mHREDD") has been postponed till after the Summer. However, pressure to legislate for mHREDD continues despite the hiatus. The recent consultation shows that cross-stakeholder support for mHREDD is strong and Members of the European Parliament are pushing for the Commission to be "ambitious" in its legislative vision. 1 July 2021 Read more about The Commission's corporate governance initiative stalls, while calls for due diligence obligations continue undimmed
  • International jurisdiction:international
  • Europe jurisdiction:europe
• Five Poles sue government in a bid to oblige it to achieve climate neutrality Polish citizens are suing the Polish government in five separate, but related, cases for inaction on the climate crisis. They are demanding recognition of the state's responsibility to ensure climate security and an order for Poland to comply with its international obligations under the Paris Agreement. Anna Miłoszewska Advocate 1 September 2021 Read more about Five Poles sue government in a bid to oblige it to achieve climate neutrality
  • Europe jurisdiction:europe
• Australia’s modern slavery framework needs improvement: what is being done? With Australia's existing modern slavery framework being criticised by some as "cosmetic" and lacking "substance over form", we explore weaknesses within the framework and various steps that may bolster it. Alexandra Zhu Senior Associate 4 November 2021 Read more about Australia’s modern slavery framework needs improvement: what is being done?
  • Asia jurisdiction:asia
• Climate change-litigation and 'greenwashing' – a Luxembourg situational analysis and outlook With climate change-related litigation on the rise, and increased regulatory and public focus on 'green-washing’, what is the state of play in Luxembourg? Ada Schmitt Partner 26 November 2021 Read more about Climate change-litigation and 'greenwashing' – a Luxembourg situational analysis and outlook
  • Europe jurisdiction:europe
  • International jurisdiction:international
• New York State Votes to Approve Constitutional Right to a Healthy Environment New York voters have approved the "Green Amendment" to the state's constitution, which provides that "[e]ach person shall have a right to clean air and water, and a healthful environment." Celeste Koeleveld Partner 22 November 2021 Read more about New York State Votes to Approve Constitutional Right to a Healthy Environment
  • Americas jurisdiction:americas
• The UN Human Rights Council recognises that having a safe, clean, healthy and sustainable environment is a human right On 8 October 2021, the UN Human Rights Council (UNHRC) passed Resolution 48/13 A/HRC/48/L.23/Rev.1 recognising for the first time in the UN human rights system the right to a safe, clean, healthy and sustainable environment and inviting the General Assembly (UNGA) to consider the matter Eoghan MacDonagh Senior Associate 5 November 2021 Read more about The UN Human Rights Council recognises that having a safe, clean, healthy and sustainable environment is a human right
  • United Kingdom jurisdiction:europe/western_europe/united_kingdom
  • Middle East jurisdiction:middle_east
  • Asia jurisdiction:asia
  • International jurisdiction:international
  • Americas jurisdiction:americas
  • Europe jurisdiction:europe
• France designates ordinary judges to rule on disputes over the Vigilance Law. The French Parliament is about to put an end to the uncertainty concerning the competent court to rule on disputes regarding the Vigilance Law by providing that the ordinary judge of the Tribunal judiciaire will enforce the Vigilance Law rather than Commercial Courts. Alice Dunoyer de Segonzac Counsel 3 December 2021 Read more about France designates ordinary judges to rule on disputes over the Vigilance Law.
  • Europe jurisdiction:europe
• From ideas to action: Biden Administration plan to fight human trafficking and forced labor The Biden Administration's new National Action Plan to Combat Human Trafficking will, among other things, employ US trade policy to combat forced labor, including through a focus on corporations. Anna Mount Associate 20 December 2021 Read more about From ideas to action: Biden Administration plan to fight human trafficking and forced labor
  • International jurisdiction:international
• Just Transition: Climate action, human rights and the private sector A COP26 inter-governmental statement confirms that the private sector has a role in achieving climate and social policies, including through supply chain due diligence on human rights 10 December 2021 Read more about Just Transition: Climate action, human rights and the private sector
  • International jurisdiction:international
• Testing the US Trafficking Victims Protection Act: Doe v. Apple A lawsuit against tech company purchasers of cobalt sourced from mines that allegedly used child labor was dismissed, but litigation risk regarding human rights violations in supply chains remains. Mary Elizabeth Bultemeier Associate 7 December 2021 Read more about Testing the US Trafficking Victims Protection Act: Doe v. Apple
  • Americas jurisdiction:americas
• The Netherlands states its position on mandatory human rights and environmental due diligence legislation In its recently published non-paper, the Netherlands has stressed the importance of effective and ambitious due diligence legislation at EU level and sets out its views on necessary building blocks. Juliette Luycks Senior Counsel 14 December 2021 Read more about The Netherlands states its position on mandatory human rights and environmental due diligence legislation
  • International jurisdiction:international
  • Europe jurisdiction:europe
• Climate change litigation: Testing the constitutional right to a healthy environment in Norway A Norwegian court has heard an appeal by two NGOs seeking a declaration that the Norwegian government has violated right to a healthy environment articulated in Norway's constitution. Eoghan MacDonagh Senior Associate 25 January 2020 Read more about Climate change litigation: Testing the constitutional right to a healthy environment in Norway
  • Europe jurisdiction:europe
• A step towards corporate liability in domestic courts for violations of international law? In a judgment that may prove influential worldwide, the Supreme Court of Canada has cleared a path towards possible liability of corporations for violations of customary international law in Canadian courts. Rae Lindsay Partner 8 April 2020 Read more about A step towards corporate liability in domestic courts for violations of international law?
  • Americas jurisdiction:americas
  • International jurisdiction:international
• Modern slavery reporting – is your business ready? The Modern Slavery Act 2018 (Cth) (Cth Act) commenced operation on 1 January 2019. The Cth Act applies to approximately 3000 entities that operate in Australia and have an annual consolidated revenue of more than AU$100 million (Reporting Entities). 14 April 2020 Read more about Modern slavery reporting – is your business ready?
  • Asia jurisdiction:asia
• Conflict Minerals: Companies must prepare for new EU requirements – and cannot just copy from the US On the first day of 2021, the EU Conflict Minerals Regulation will become operative, requiring numerous companies in the automotive, chemical, pharmaceutical and other industries to act now to implement due diligence assessments and other compliance measures. Thomas Voland Partner 20 May 2020 Read more about Conflict Minerals: Companies must prepare for new EU requirements – and cannot just copy from the US
  • International jurisdiction:international
• Responsible business in a time of crisis – EU-wide mandatory human rights and environmental due diligence legislation proposed for 2021 On 29 April 2020, the European Commissioner for Justice, Didier Reynders, announced plans for a legislative initiative next year to introduce EU-wide mandatory due diligence requirements for businesses to respect human rights and prevent environmental harm across their global supply chains. Emily Goddard Senior Associate 6 May 2020 Read more about Responsible business in a time of crisis – EU-wide mandatory human rights and environmental due diligence legislation proposed for 2021
  • United Kingdom jurisdiction:europe/western_europe/united_kingdom
• Securities-Based Climate Litigation in the United States: What is the Status? Despite increased focus on social issues related to COVID-19, climate change, and climate change litigation, will remain and may increase as a risk. In particular, recent developments highlight the continued significance of securities-based climate litigation. Benjamin Berringer Counsel 4 May 2020 Read more about Securities-Based Climate Litigation in the United States: What is the Status?
  • Americas jurisdiction:americas
• USAID v. Alliance for Open Society International: The Intersection of Foreign Aid and Constitutional Protections In a case affecting the free speech rights of NGOs, and questioning whether foreign entities have constitutional rights, the U.S. Supreme Court heard oral argument on the constitutionality of an HIV/AIDS funding condition. 12 May 2020 Read more about USAID v. Alliance for Open Society International: The Intersection of Foreign Aid and Constitutional Protections
  • Americas jurisdiction:americas
• Germany's Due Diligence Act Germany's plans for a Due Diligence Act with binding due diligence and compliance obligations and provision for damages claims concerning human rights and environmental issues. Thomas Voland Partner 31 July 2020 Read more about Germany's Due Diligence Act
  • International jurisdiction:international
• Renewed Fight in US Supreme Court Over Corporate Liability for Alleged International Human Rights Violations The US Supreme Court will squarely consider whether US corporations and US subsidiaries of foreign corporations can be liable for alleged violations of customary international law under the Alien Tort Statute. 7 July 2020 Read more about Renewed Fight in US Supreme Court Over Corporate Liability for Alleged International Human Rights Violations
  • Americas jurisdiction:americas
• US Supreme Court Rules that Foreign Organizations Operating Abroad do not have Constitutional Rights The US Supreme Court recently decided in USAID v. Alliance for Open Society International that an HIV/AIDS funding condition requiring foreign NGOs to adopt an anti-prostitution policy was constitutional 3 July 2020 Read more about US Supreme Court Rules that Foreign Organizations Operating Abroad do not have Constitutional Rights
  • Americas jurisdiction:americas
• Ireland's Supreme Court rules that the Government’s plan to address climate change is inadequate In an important decision concerning the interplay between climate policy and law, Ireland's Supreme Court has ruled unanimously that the Irish Government's national climate plan fails adequately to specify credible measures to comply with Ireland's national and international climate obligations. Eoghan MacDonagh Senior Associate 22 September 2020 Read more about Ireland's Supreme Court rules that the Government’s plan to address climate change is inadequate
  • Europe jurisdiction:europe
• Does the proposed UK deforestation law give any clues about the UK's position on mandatory due diligence? Environmental and ethical concerns remain at the top of the corporate agenda for many companies. But what do the UK Government's recent proposals aimed at cracking down on illegal deforestation say (if anything) about the UK's approach to targeting ethical infringements in global supply chains post-Brexit? Carla Lewis Director – Sanctions 2 October 2020 Read more about Does the proposed UK deforestation law give any clues about the UK's position on mandatory due diligence?
  • United Kingdom jurisdiction:europe/western_europe/united_kingdom
• Towards European mandatory due diligence requirements on human rights and environment – an update The European Commissioner for Justice, Didier Reynders, has again signposted that European legislative proposals for mandatory human rights and environmental due diligence ("mHREDD") requirements on businesses are on the way. Rae Lindsay Partner 12 October 2020 Read more about Towards European mandatory due diligence requirements on human rights and environment – an update
  • Europe jurisdiction:europe
• European Commission seeks views on proposals for Mandatory Due Diligence and Responsible Governance The European Commission has launched a consultation on a Sustainable Corporate Governance initiative which explores its plans for mandatory human rights and environmental due diligence as well as broader governance reforms. Michael Coxall Knowledge Director 13 November 2020 Read more about European Commission seeks views on proposals for Mandatory Due Diligence and Responsible Governance
  • Europe jurisdiction:europe
• FinCEN Issues Additional Guidance for Financial Institutions on Identifying and Reporting Human Trafficking The US Financial Crimes Enforcement Network ("FinCEN") recently issued an advisory outlining several typologies indicative of human trafficking and updating its guidance for financial institutions. 4 November 2020 Read more about FinCEN Issues Additional Guidance for Financial Institutions on Identifying and Reporting Human Trafficking
  • Americas jurisdiction:americas
• Pressure increasing to disclose climate change risk for Australian Government bonds: what impact will the settlement in McVeigh v Rest have? Following the recent McVeigh v Rest settlement, the Australian Government faces increasing pressure to disclose climate change risks associated with its exchange-traded Australian Government Bonds. 13 November 2020 Read more about Pressure increasing to disclose climate change risk for Australian Government bonds: what impact will the settlement in McVeigh v Rest have?
  • International jurisdiction:international
• The EU Taxonomy Regulation – a market standard of human rights due diligence? The EU Taxonomy Regulation requires businesses to implement business and human rights frameworks to qualify as 'environmentally sustainable'. This is a key step toward the mandatory human rights due diligence laws planned at the EU level. Thomas Voland Partner 10 November 2020 Read more about The EU Taxonomy Regulation – a market standard of human rights due diligence?
  • International jurisdiction:international
• CO2 emissions in international aviation cannot be mitigated as part of State aid to KLM In an important decision concerning the interplay between climate policy and law, the District Court in The Hague (the Netherlands) has ruled that the Dutch State cannot be obliged to impose specific targets on KLM to reduce its CO2 emissions as part of aid packages in the context of the Coronavirus outbreak. Juliette Luycks Senior Counsel 14 December 2020 Read more about CO2 emissions in international aviation cannot be mitigated as part of State aid to KLM
  • Europe jurisdiction:europe
• The failure of the Kik Case and the call for stronger corporate due diligence laws The Higher Regional Court in Hamm, Germany has rejected the claimants' application for legal aid in Jabir and others v. KiK Textilien und Non-Food GmbH. Thomas Voland Partner 24 May 2019 Read more about The failure of the Kik Case and the call for stronger corporate due diligence laws
  • Europe jurisdiction:europe
• US Federal Appeals Court Holds Genocide Not an Act of State, BNP Paribas Must Defend Alleged Involvement in South Sudan Human Rights Violations On May 22, 2019, in Kashef v. BNP Paribas S.A., 925 F.3d 53 (2d Cir. 2019), the US Court of Appeals for the Second Circuit ("Second Circuit") revived a lawsuit against French bank BNP Paribas seeking damages for alleged involvement in human rights violations committed by the government of South Sudan between 1997 and 2009. 30 May 2019 Read more about US Federal Appeals Court Holds Genocide Not an Act of State, BNP Paribas Must Defend Alleged Involvement in South Sudan Human Rights Violations
  • Americas jurisdiction:americas
• Introducing: The Green Button On Monday, 9 September 2019, Germany's Minister for Economic Cooperation and Development, Gerd Müller, presented a new sustainability certificate for textiles: The Green Button ("Grüner Knopf"). It is the first state-sponsored label for sustainable textiles in Germany. Thomas Voland Partner 1 October 2019 Read more about Introducing: The Green Button
  • Europe jurisdiction:europe
• The developing business and human rights treaty In July 2019, an intergovernmental working group appointed by the UN Human Rights Council published a revised draft treaty, aiming to make businesses more accountable to victims of business-related human rights abuses. The developing draft treaty has ramifications for businesses as they consider both their human rights due diligence processes and their litigation and regulatory risk. 18 November 2019 Read more about The developing business and human rights treaty
  • International jurisdiction:international
• The UK Modern Slavery Act – recent developments 2019 has seen the appointment of a new UK Independent Anti-Slavery Commissioner and the publication of a major independent review of the Modern Slavery Act 2015. Nearly five years after the Act came into force, the Government recognises that the UK is still not doing enough to eradicate modern slavery. 17 December 2019 Read more about The UK Modern Slavery Act – recent developments
  • United Kingdom jurisdiction:europe/western_europe/united_kingdom
• UK government strengthens expectations on businesses reporting under the UK Modern Slavery Act 2015 When the UK Modern Slavery Act 2015 (MSA) came into force in October 2015, it was accompanied by guidance from the UK government foreshadowed by the statute. 18 October 2017 Read more about UK government strengthens expectations on businesses reporting under the UK Modern Slavery Act 2015
  • United Kingdom jurisdiction:europe/western_europe/united_kingdom
  • Europe jurisdiction:europe

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