Insights

The Climate Report - Third Quarter 2026

REGULATORY ISSUES & UPDATES

Amendments to Australia's Environment Protection and Biodiversity Conservation Act 1999 and Their Impacts on Climate Change

The Environment Protection Reform Act 2025 and the National Environmental Protection Agency Act 2025 represent the most significant overhaul of the Environment Protection and Biodiversity Conservation Act 1999, particularly in how they address the challenges posed by climate change.

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ESG Reporting Obligations Under Mexico's NIS Standard

In May 2024, Mexico's CINIF published the country's first sustainability reporting standards (NIS A-1 and NIS B-1), requiring entities reporting under Mexican NIF to disclose specified sustainability information in financial reports starting with fiscal year 2025.

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Non-Domestic MEES: UK Government Confirms EPC B Target for Larger Commercial Buildings From 2031

The UK government published its interim response to public consultations on raising the Minimum Energy Efficiency Standards for non-domestic privately rented property in England and Wales.

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Rescinded, Required, Pending: Mapping U.S. Climate Disclosure Rules in 2026

U.S. climate disclosure rules present a fragmented landscape where the federal regime is retreating, one state is advancing, and the rest are stalled.

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Fashion's Carbon Footprint Draws New Regulation in the United States and Europe

Climate-related regulation in the fashion and textiles sector is shifting from broad corporate disclosure requirements toward targeted rules addressing specific business practices across both U.S. and European jurisdictions.

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CSRD for Non-EU Groups: EFRAG Issues Draft Reporting Standards

 

EFRAG released an updated draft of the reporting requirements for non-EU entities and groups subject to global reporting obligations under Article 40a of the EU Corporate Sustainability Reporting Directive.

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LITIGATION ISSUES & UPDATES

UN Special Rapporteur on the Human Right to a Clean, Healthy, and Sustainable Environment Intervenes in Proceedings in an Australian First

For the first time, the UN Special Rapporteur on the Human Right to a Clean, Healthy, and Sustainable Environment has successfully applied to intervene in three separate Federal Court proceedings in Australia.

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General Court of the European Union Rules on Taxonomy Criteria

The General Court of the European Union annulled the European Commission's technical screening criteria for aircraft manufacturing under the Climate Delegated Act, finding that taxonomy classifications for manufacturing activities must be assessed by reference to the characteristics and decarbonization potential of the manufacturing activity itself, rather than by downstream activities, unless the Taxonomy Regulation expressly supports that approach.

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Clearing the Air: California and EPA Clash Over Reclassified Waivers

The State of California is challenging the EPA's reclassification of four previously granted Clean Air Act preemption waivers as "rules" subject to Congressional Review Act review and was granted a preliminary injunction on September 2, 2026.

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Amsterdam District Court Renders Interim Judgment in International Anti-SLAPP Dispute

The Amsterdam District Court issued an interim judgment in an anti-SLAPP dispute between Greenpeace International and a U.S.-based energy company, holding that the EU Anti-SLAPP Directive did not apply to the U.S. proceedings at issue, but that Dutch courts may still assume jurisdiction in the ongoing case in the Netherlands under the regular rules on tort-based jurisdiction.

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Federal Court Holds New York's Climate Superfund Law Preempted by CAA

The U.S. District Court for the Northern District of New York granted summary judgment to challengers of New York's Climate Change Superfund Act, holding that the federal Clean Air Act preempts the state law.

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TRANSACTIONAL ISSUES & UPDATES

California's Cap-and-Invest Overhaul and the Expansion of North America's Largest Carbon Market

North America's cap-and-invest landscape is undergoing a significant transformation, as California adopts sweeping amendments to its program and joins Québec and Washington state to form what will be the world's largest subnational emissions trading system.

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LAWYER SPOTLIGHT

Liz Wild, a partner in Jones Day's Sydney Office, is one of Australia's leading environmental lawyers, with over 30 years of experience helping clients manage issues related to contaminated land and remediation law.

She has advised on disputes over the allocation of liability for contamination, the planning and environmental approvals required for remediation and redevelopment of contaminated sites, and the negotiation and execution of transactions involving contaminated land. She has been involved in many of the landmark cases in this area and regularly acts for both polluters and claimants in environmental disputes grounded in nuisance and negligence. She is widely recognized as an authority on legal liability for PFAS contamination.

Liz is recognized as a leading or preeminent practitioner in environmental law in all major directories, including Doyle's Guide, Chambers, The Legal 500 Asia Pacific, and Best Lawyers.

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