Resources

Review of second round of public comments to U.S. Securities and Exchange Commission regarding proposed climate change disclosures

September 5, 2022 675Views

The Commonwealth Climate and Law Initiative (CCLI) has conducted a review of the over 1,000 comments to the US Securities and Exchange Commission (SEC) submitted by commentators other than individuals, in order to gauge support for the proposed rules and the issues raised by commentators. You can read a summary of the CCLI's…

IPBES ‘Methodological Assessment of the Diverse Values and Valuation of Nature’

August 19, 2022 570Views

The independent intergovernmental biodiversity advisory body called Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) has published its Assessment Report on Diverse Values and Valuation of Nature. Jennifer Ramos, our corporate/finance and biodiversity lawyer, and Zaneta Sedilekova, our biodiversity consultant, summarise points from the report which are relevant for commercial and environmental lawyers in…

Primer on Climate Change: Directors’ Duties and Disclosure Obligations -2nd Edition

July 29, 2022 1646Views

The Commonwealth Climate and Law Initiative (CCLI) has worked with the Climate Governance Initiative (CGI) to produce the second edition to the Primer on Climate Change: Directors’ Duties and Disclosure Obligations. The Primer provides an overview of contemporary evidence that climate change presents foreseeable, and in many cases material, financial and systemic risks that…

The development of the ISSB sustainability standards: What does it mean for directors’ legal duties?

July 28, 2022 954Views

The IFRS Foundation's International Sustainability Standards Board (ISSB) released two Exposure Drafts of proposed sustainability standards on 31 March 2022. These propose disclosures on climate-related financial risks, both as narrative disclosures and in a company's financial statements. In this white paper, Dr. John Purcell FCPA, formerly CPA Australia’s policy adviser for Environmental, Social and…

Legal Opinion on Directors’ Duties and Disclosure Obligations under Malaysian Law in the context of Climate Change Risks and Considerations

July 26, 2022 5626Views

Directors of Malaysian companies are legally required to incorporate climate change considerations into their decision-making processes, according to a new legal opinion dated 22 July 2022. A failure to do so may be a breach of a director’s legal duties and could expose them to litigation from shareholders or enforcement action from the regulatory authorities.…

Climate Change Litigation: What Board Directors Need to Know

July 5, 2022 866Views

Climate change litigation is increasing, both in terms of the number of cases being brought and the routes which claimants are taking. Claims against governments can affect the policy and operating environment for companies, or result in delays or rejection of regulatory approvals. Litigation against companies is increasing, and claims are now being brought against…

Review of public comments to U.S. Securities and Exchange Commission regarding proposed climate change disclosures

June 14, 2022 394Views

On 13 June 2022, we published a summary which captures high-level findings of a review of the public comments submitted to the U.S. Securities and Exchange Commission (SEC) in response to its request for comments in respect of potential climate change related disclosures.

Climate Litigation – Briefing note for boards

June 10, 2022 2240Views

The Commonwealth Climate and Law Initiative has partnered with the Climate Governance Initiative to prepare this Briefing Note for Boards on climate change-related litigation. This briefing note expands on the legal risk trends identified and discussed in the Quarterly Update for the CGI network, available here. Climate change litigation is increasing, both in terms of the…

Directors’ Liability and Climate Risk: White Paper on Hong Kong

December 10, 2021 534Views

To complement the legal opinion on Legal Opinion on Directors’ Duties and Disclosure Obligations under Hong Kong Law in the Context of Climate Change Risks and Considerations, the CCLI has produced a white paper on Directors’ Liability and Climate Risk under Hong Kong law.

Directors’ Fiduciary Duties and Climate Change: Emerging Risks

December 8, 2021 389Views

To accompany our paper on Fiduciary Duties and Climate Change in the United States, the CCLI wrote an article summarising what climate change means for Delaware directors.