A new registry regulation for Phase IV of the EU emissions trading system (ETS) has been published recently, and will replace the current registry regulation from 1 January 2021. Among other changes, the new registry regulation will accommodate allowances originating from the Swiss Emissions Trading Scheme, recognise EU allowances as financial instruments, and make administrative changes to account management. We expect that these changes may have an impact on operations and trading documentation of market…

Several years ago, we wrote a detailed article explaining the new, tougher approach in the UK to the sentencing of environmental offences committed by large companies. That article, from 2015 (see: https://www.reedsmith.com/en/perspectives/2015/10/uk-courts-get-tough-on-environmental-crime-sentenc), focussed on the Court of Appeal’s decision in R v. Thames Water Utilities Ltd [2015] EWCA Crim 960.…

This blog post provides a brief summary on the commencement of the Streamlined Energy and Carbon Reporting regime which has introduced mandatory corporate reporting obligations for relevant UK companies. Introduced by the Companies (Directors’ Report) and Limited Liability Partnerships (Energy and Carbon Report) Regulations 2018, the SECR regime is a complex and comprehensive new corporate reporting regime that requires relevant UK organisations to report on their annual energy use, greenhouse gas emissions, energy efficiency measures and other associated information.…

This blog post provides a brief commentary on the transboundary movement of waste case of Conti 11 v. the Land of Lower Saxony, Germany (Case C689-17). The law on the international shipment of waste is of increasing importance to many global businesses. The Reed Smith Environmental, Health & Safety team regularly handles cases on this subject involving sectors such as oil and gas, mining, consumer electronics, ship recycling and offshore renewables, as well as many others. Case law in…

The UK government is currently consulting on the future policy options for the regulation and pricing of carbon emissions once the UK has left the EU.  The government’s preferred option is to establish a UK-only emissions trading scheme (UK ETS) and to secure a formal link with the EU ETS in order to have renewed access to the EU carbon market. Several alternative options have also been tabled by the government in recognition that establishing…

The final report of the Independent Review of the Modern Slavery Act 2015 carried out by Frank Field MP, Maria Miller MP and Baroness Butler-Sloss, has been published. It is available here (https://www.gov.uk/government/publications/independent-review-of-the-modern-slavery-act-final-report). Should the government take up the proposals, the Modern Slavery Act could be significantly amended to become more robust. There are over 80 recommendations across the four areas the report considered: the role of the independent anti-slavery commissioner, transparency in supply chains,…

The ICAO CORSIA initiative has commenced monitoring, reporting and verification obligations imposed on aircraft operators with effect from 1 January 2019. Data collected will form the baseline to determine subsequent offsetting requirements. Aircraft operators attributed to a country likely to be participating in the voluntary compliance phase from 2021 to 2023 should also take note of the various deadlines for compliance and monitor for updates from the ICAO Council on the offset credits that would…