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Developments in climate-related litigation, disclosures and due diligence requirements: What board directors need to know

The Commonwealth Climate and Law Initiative (CCLI) has partnered with the Climate Governance Initiative to publish this briefing for board directors on the Climate Governance Hub

A resource for navigating the rapidly-evolving landscape of sustainability-related corporate responsibilities, this:

KEY POINTS ON CLIMATE-RELATED LITIGATION, DISCLOSURES AND DUE DILIGENCE REQUIREMENTS

Climate-related derivative claims are being tested. Two UK court judgements refused permission for climate-related derivative claims (brought by shareholders on behalf of the company against directors). Similar claims could in future apply to  directors’ management of biodiversity-related risks.

•  Due diligence regulations. The EU Regulation on deforestation-free supply chains has come into force and it is requiring companies to investigate the source of a range of commodities sold in or exported from the EU. The proposed EU Corporate Sustainability Due Diligence Directive has taken another step towards approval, which would require in-scope companies to undertake due diligence to identify, prevent, mitigate, monitor and report on negative environmental and social impacts in their operations, subsidiaries and value chains.

Establishment of reporting standards. Comprehensive reporting standards for sustainability-related and climate-related financial disclosures were finalised by the International Sustainability Standards Board (ISSB) and endorsed by the Organization of Securities Commissions (IOSCO). The IOSCO  called on securities regulators around the world to consider adopting the ISSB standards.

International assurance standards. Consultations have been opened by the International Auditing and Assurance Standards Board (IAASB) on its proposed International Standard on Sustainability Assurance (ISSA) 5000.

Commonwealth Climate and Law Initiative
The CCLI examines the legal basis for directors and trustees to consider, manage, and report on climate change and broader environmental risks, opportunities and impacts, and the circumstances in which there may be liability for failing to do so. We also work to advance knowledge on effective sustainable governance practice.
Contact

The Commonwealth Climate and Law Initiative is a company limited by guarantee registered in England and Wales with company number 11813153, REGISTERED CHARITY NUMBER 1203501 and with registered office at 128 City Road, London, United Kingdom EC1V 2NX.

Commonwealth Climate and Law Initiative

The CCLI examines the legal basis for directors and trustees to consider, manage, and report on climate change and broader environmental risks, opportunities and impacts, and the circumstances in which there may be liability for failing to do so. We also work to advance knowledge on effective sustainable governance practice.

Contact

The Commonwealth Climate and Law Initiative is a company limited by guarantee registered in England and Wales with company number 11813153, REGISTERED CHARITY NUMBER 1203501 and with registered office at 128 City Road, London, United Kingdom EC1V 2NX.

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