Climate change, human rights, ETS & CCUS | Fieldfisher
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Insight

Climate change, human rights, ETS & CCUS

The pressing need to tackle climate change and the EU's ambition to take the lead in tackling this problem through the EU Green Deal has a profoundly disruptive impact on business as usual of public and private actors within and outside of Europe. These actors must operate within a diffuse and unstrictured loosely coupled set of complex regimes that lacks an overall architecture. It involves multilateral environmental agreements, regional regulation, over 2.500 climate laws and policies across at least 164 countries, each dealing with different issues such as mitigation, adaptation, renewable energy and loss and damage. In addition, litigants have initiated more than 1.800 climate cases in about 40 countries around the world, with equally diversified stakes.

Companies are also increasingly targeted, either directly or indirectly by such regulation and litigation. For instance, they are to consider due diligence obligations; reporting, transparency and certification obligations; obligations to surrender emissions allowances; to name a few. Relatedly, companies in hard-to-abate sectors may seek to invest in innovative technologies such as CCUS and carbon removal in order to mitigate climate change.

Our team is well-positioned to assist you with clarifying the regulatory landscape, identifying legal challenges related to climate change, offering strategic solutions, avoiding corporate and individual liabilities and optimising the ways in which you can reap benefits from the transition towards Paris-aligned climate policies.

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