The Climate Report | First Quarter 2025
REGULATORY ISSUES & UPDATES
New Carbon Removal Certification Framework in Europe
A voluntary certification framework adopted by the EU aims to enhance the credibility and transparency of carbon removal activities within the EU to support its climate neutrality by 2050 objectives.
Orders of Magnitude: President Trump Reshapes Energy and Environmental Landscape Through Executive Orders
New executive orders shift the focus back to fossil fuels production and rescind nearly 80 initiatives from the Biden administration.
Back to the Laboratories: U.S. State Climate Initiatives Amid Federal Transition
As federal policymaking shifts away from the climate change programs of the Obama and Biden administrations, many states are expected to continue to pursue expansive climate policies, setting up potential conflicts with federal priorities.
PHMSA Issues Proposed Rule Seeking to Impose Enhanced Safety and Operational Requirements on Carbon Dioxide Pipelines
A proposed rule by the Pipeline and Hazardous Materials Safety Administration, or PHMSA, provides revisions to the federal Pipeline Safety Regulations to include safety standards and reporting requirements for carbon dioxide pipelines.
U.S. SEC Signals It Will Abandon Defense of Climate Disclosure Rule
The Securities and Exchange Commission ("SEC") has taken a first step toward abandoning its Climate Change Rule adopted in March 2024 under former Chairman Gary Gensler.
EU Omnibus Package Published: CSRD and CS3D To Be Delayed and Scaled Back
The European Commission's long-awaited "Omnibus" package proposes to delay key ESG rules while reducing the applicability and burden of corporate sustainability reporting and due diligence requirements for European and global companies operating in the EU.
New York Enacts Climate Change Law That Fines Companies for Historical Emissions
New York has enacted a law requiring certain energy companies to contribute to a climate "superfund," which is being challenged by a coalition of states and industry associations.
LITIGATION ISSUES & UPDATES
Major UK Bank Penalized by the ASA for Greenwashing
In December 2024, the UK's regulator of advertising ruled against Lloyds Bank plc following a complaint centered on four advertisements created by the bank as part of a campaign promoting environmental initiatives.
New York Courts Shut Down Consumer Protection Claims Regarding Greenwashing
Climate-related litigation has tripled in the past decade, including greenwashing claims against some of the largest fossil fuel companies in the world. In the state of New York and its localities two lawsuits already have been dismissed in 2025.
Montana Supreme Court Holds State Constitution Includes Protections Against Climate Change
In a 6-1 ruling, Montana's Supreme Court found that the Montana Environmental Policy Act ran counter to "Montanans' right to a clean and healthful environment," thereby violating the state constitution.
Climate Change Suits Against Energy Companies Tossed by U.S. State Courts
Two recent decisions join a growing consensus among federal and state courts that certain climate impact state law tort claims are preempted by federal law.
D.C. Circuit Decision Underscores Jurisdictional Limits of FERC Project Reviews Under NEPA
A January 2025 decision affirmed limitations on the weight FERC can accord to downstream environmental impacts in natural gas pipeline certificate proceedings.
TRANSACTIONAL ISSUES & UPDATES
Green Data Centers: Pioneering Energy Efficiency and Sustainability in the EU
The EU has introduced the Code of Conduct for Data Centre Energy Efficiency, as companies invest heavily in building and upgrading data centers in Europe to meet the surging demand.
The ICVCM and REDD+ Standards: Implications for Voluntary Carbon Markets
Companies participating in the voluntary carbon market should review their carbon credit portfolios, prioritize ICVCM-approved methodologies as they are being continuously improved, and verify the quality of their offsets to mitigate litigation and reputational risks and to achieve real-world climate benefits.
LAWYER SPOTLIGHT: Marta Lahuerta Escolano
Marta Lahuerta Escolano, a partner in the Paris Office, advises major international telecommunications groups, investors, governments, and regulatory authorities on regulatory and transactional matters. She focuses on telecommunications, media, and technology ("TMT") including numerous international TMT-related matters, particularly in Africa and the Middle East.
Marta has experience advising on transactional and corporate-related matters such as the implementation of public-private partnerships, particularly relating to submarine cables and backbones, internet exchange points or IXPs, visible light positioning or VLP, M&A of telecommunications operators, TV broadcasters and others, divestitures, privatization of incumbent operators, and TowerCo deals. She also has experience in TMT-related prelitigation and litigation matters held before national regulatory authorities and international arbitration tribunals. In 2024, she was recognized as a "Rising Star" in telecoms in France by Legal 500 EMEA for the second consecutive year.
