ISSB releases first proposed sustainability standards for consultation

On 31 March 2022, the International Sustainability Standards Board released its first proposed sustainability standards for consultation.

Beyond Sharma: when community expectations exceed the law

The Full Federal Court of Australia’s appeal decision in Minister for the Environment v Sharma raises serious questions about the ability of tort law to protect against prospective human rights breaches arising from the future impacts of climate change.

Sharma appeal decision: end of the road for novel duty of care?

The Full Federal Court of Australia has ruled on appeal in Minister for the Environment v Sharma that the Commonwealth Minister for the Environment does not owe a duty of care to children to protect them from the harms of climate change.

The race to net zero by 2050: avoiding unintended consequences

In the race to net zero, companies may be unintentionally exposing themselves and their stakeholders to adverse human rights risks and impacts.

Mandatory ESG reporting gains momentum

With momentum growing in favour of mandatory ESG disclosures around the world, could it soon also be a reality for Australian companies?

Could mandatory human rights and environmental due diligence be coming to Australia?

The EU Commission has released its much anticipated proposed Directive on Corporate Sustainability Due Diligence. What are the potential implications for Australian businesses?

Beyond COP26: the key challenges and opportunities of transitioning to net zero

As the dust settles on COP26, we explain the key concepts and take stock of the key challenges and opportunities that lie ahead in transitioning to net zero for government, business and the wider community.

ESG disputes: is arbitration the answer?

With more and more ESG disputes arising every day, what role can arbitration play in resolving them?

Climate change and the four goals of COP26: what it all means for industry and business

We identify the key goals for COP26 and the possible implications for business and industry arising from agreements reached between the parties attending.

Anticipating the future: a close look at carbon pricing

What are carbon pricing mechanisms, what do they strive to achieve, how they can be imposed and why does this matter to Australian businesses?

Corporate ‘greenwashing’ the latest target for climate change litigation

Consumers, regulators and stakeholders are clearly alive to ‘greenwashing’ and, in an atmosphere where climate-related shareholder activism and litigation loom large for corporate Australia, there is a growing need to manage and understand this risk.

Scope 3 emissions: a regulatory cloud soon to lift?

The recent decision in Mullaley Gas and Pipeline Accord Inc v Santos NSW (Eastern) Pty Ltd has further developed the law regarding Scope 3 emissions.

From the courtroom to the boardroom: climate change risks and remedies

2021 will be seen as the year where international, environmental and market forces coalesced to bring climate change into sharp focus in Australian courtrooms and boardrooms.

Sustainability linked loans: key considerations for borrowers and treasurers

Sustainability linked loans are increasingly garnering the attention of businesses seeking to bolster their environmental, social and governance profile.

Infrastructure contracts playing catch up to low embodied carbon construction materials

It is critical that the construction and infrastructure sector successfully pivots to using materials involving drastically reduced greenhouse gas emissions when manufactured, transported and used - but important contractual issues will need to be addressed.

Over the climate change horizon: corporations must prepare now for biodiversity loss risk disclosures

Australian corporate regulators have begun to enforce robust reporting on climate change related risks. Failing to comply could put company directors at risk.

Climate-related risk: a rising bar for directors’ responsibilities

Climate-related risk has shifted from a corporate social responsibility feature to an imperative consideration for all Australian corporates.

How emerging US environmental trends and initiatives may impact Australian law and policy

US President Joe Biden has begun creating a comprehensive environmental justice platform which may influence future Australian law and policy.