DOL Rule Clarifies that ESG Analysis is Consistent with Fiduciary Duty. Will it Preempt State Anti-ESG Laws?

  The federal Department of Labor (“DOL”) issued a final rule on Tuesday, November 22, allowing plan fiduciaries to consider climate change and other environmental, social and governance (“ESG”) characteristics when they choose investments and exercise shareholder rights, reversing a Trump-era rule that sought to constrain this type of risk […]

Indonesian Human Rights Commission’s first human rights complaint on the impacts of climate change

Guest Commentary: Indonesian Human Rights Commission’s first human rights complaint on the impacts of climate change By Margaretha Quina and Mae Manupipatpong*   In July 2022, Indonesians at the frontline of climate change filed a claim before the National Human Rights Commission seeking recognition that climate change is a matter […]

Back in the game: Brazil’s reengagement in climate governance

  To say that Brazilians are an environmentally conscious people (and soccer afficionados) is an understatement. The country has an established reputation in both fields. Brazil is the most successful international team in World Cup history. Perhaps less excitingly, but more consequentially, Brazil also has a long tradition of progressive […]

New York City’s Local Law 97: REC Mechanism Lacks Additionality; Will Set Price Too Low

By Amy Turner This blog post is adapted from testimony delivered at the New York City Department of Buildings hearing on proposed rule §103-14, Procedures for Reporting on and Complying with Annual Greenhouse Gas Emissions for Certain Buildings in connection with the City’s building performance standard, Local Law 97. The […]

Are Collective Net Zero Targets Anticompetitive?

  Over 150 business climate collaborations have arisen in recent years as the private sector has begun to grapple with its role in combatting climate change. The functions of these associations range from establishing shared net zero targets to developing frameworks for carbon accounting. As these groups have proliferated, they […]

Cities: EPA Request for Information on Green Banks Established by the Inflation Reduction Act

By Amy Turner On October 21, 2022, the U.S. Environmental Protection Agency (USEPA) released a request for information (RFI) regarding Section 60103 of the Inflation Reduction Act (IRA), also known as the IRA’s “green bank” provisions. These provisions add a new section 134 to the Clean Air Act establishing a […]