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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

More from the EU… Reuters reports that the EU is questioning effectiveness of nature-based carbon sequestration and developing contingencies for potential shortfalls.

“The European Union is considering a brake clause to weaken its 2040 climate target in the future, if it becomes clear countries’ forests are not absorbing enough CO2 emissions to meet the goal, a draft EU compromise proposal showed…

Countries’ latest draft negotiating compromise, seen by Reuters on Sunday, added a new clause that said if forests and other land-based activities that absorb CO2 emissions fall short, the EU will be allowed to propose ‘an adjustment of the 2040 intermediate target corresponding to and within the limits of the possible shortfalls’…

The move echoes a proposal made by France last week, previously reported by Reuters, which had demanded an ’emergency brake’ to reduce the 90% emissions target by 3%, if forests and the land-use sector underdeliver.

The amount of CO2 absorbed by Europe’s forests and land-use sector dropped by nearly a third in the last decade, because of factors including wildfires and unsustainable forest management.”

While such an action would impact sovereign carbon targets rather than corporate plans/requirements, there are two important considerations for companies if this moves forward:

  • Permitted or otherwise allowable emissions from operations in countries that implement an “emergency brake” would likely see reductions in their emissions authorizations, meaning higher costs or throttling back operations when the brake is engaged; and
  • It signals weakening faith by policymakers in nature-based removals that may also be reflected in regulation development and corporate emissions limits.

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The Editor

Lawrence Heim has been practicing in the field of ESG management for 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 of… View Profile