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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 Greenhouse Gas (GHG) Protocol is a framework used to determine a company’s Scope 1, 2, and 3 emissions. It is the methodology that underpins the ISSB’s GHG disclosure rules and laws like California’s SB 253. Earlier this year, the GHG Protocol considered changing its methodology for calculating Scope 2 emissions. The Scope 2 Technical Working Group (TWG) argued that the rules should be reworked regarding renewable energy certificates (RECs).  The revision would restrict RECs by requiring matching hourly electricity consumption and geographic limitations. This proposal caused an uproar. Many companies argued it would derail climate efforts and restrict access to clean energy markets. After much deliberation, the GHG Protocol still has no clear path forward. However, an in-person meeting of the Scope 2 TWG is hoping to change that:

“The Scope 2 TWG will further develop proposed revisions at an in-person workshop hosted later this month. Key issues for discussion related to the market-based method include deliverability, incrementality, feasibility, and implementation timing.

The Scope 2 TWG’s proposed revisions will be sent for review and approval by the ISB prior to inclusion in a consolidated public consultation slated for Q2 2027. The consolidated public consultation will include proposed requirements for scope 1, scope 2, scope 3 and actions and market instruments as a part of the joint GHG Protocol-ISO Corporate Standard, slated for publication in Q4 2028.”

Right now, it seems the GHG Protocol is leaning towards presenting both methodologies as options for companies. For a time, companies could choose between current REC standards and the more stringent requirements. After a phase in/out period, a full transition would be made to the new requirements. We’ll see what the Scope 2 TWG lands on. Ultimately, their suggestions will face another round of public feedback. After that, we’ll see which method sticks.

Our members can learn more about calculating GHG emissions here.

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The Editor

Zachary Barlow is a licensed attorney. He earned his JD from the University of Mississippi and has a bachelor’s in Public Policy Leadership. He practiced law at a mid-size firm and handled a wide variety of cases. During this time he assisted in overseeing compliance of a public entity and litigated contract disputes, gaining experience both in and outside of the courtroom. Zachary currently assists the PracticalESG.com editorial team by providing research and creating content on a spectrum of ESG… View Profile