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TheCorporateCounsel

TheCorporateCounsel.net

A basis for research and practical guidance focusing on federal securities laws, compliance & corporate governance.

DealLawyers

DealLawyers.com

An educational service that provides practical guidance on legal issues involving public and private mergers & acquisitions, joint ventures, private equity – and much more.

CompensationStandards

CompensationStandards.com

The “one stop” resource for information about responsible executive compensation practices & disclosure.

Section16.net

Section16.net

Widely recognized as the premier online research platform providing practical guidance on issues involving Section 16 of the Securities Exchange Act of 1934 and all of its related rules.

PracticalESG

PracticalESG.com

Keeping you in-the-know on environmental, social and governance developments

The risk of countries nationalizing carbon sequestration/offset assets continues to grow. Or more accurately, its pace continues to pick up. Bloomberg just reported:

“During a conference last week in southern Africa, Malawi and Zambia confirmed they will follow Zimbabwe’s lead and demand that a share of revenue from carbon offset projects on their territory go to state coffers. Zimbabwe in May roiled the industry by announcing overnight that 50% of all revenue from programs in the country will go to the state.”

This is another reminder that companies need to review and update assumptions that are embedded in their climate/carbon risk management plans to keep up with rapidly changing – and significant – issues. Public companies with (or purchasing) significant carbon offsets in Africa also may want to give some thought to this nationalization trend when they draft the risk factors disclosure in their SEC filings. And if you aren’t already sure about where your purchased nature-based offsets physically originate from, you need to find out – what you find out may also warrant consideration in SEC risk factor disclosures.

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The Editor

Lawrence Heim has been practicing in the field of ESG management for almost 40 years. He began his career as a legal assistant in the Environmental Practice of Vinson & Elkins working for a partner who is nationally recognized and an adjunct professor of environmental law at the University of Texas Law School. He moved into technical environmental consulting with ENSR Consulting & Engineering at the height of environmental regulatory development, working across a range of disciplines. He was one… View Profile