In a landmark intervention, in 2010, the Federated States of Micronesia (FSM) requested a transboundary environmental impact assessment (EIA) of the Prunéřov II brown coal-fired power plant in the Czech Republic. FSM asserted its right to be heard as a sovereign state because the plant’s greenhouse gas emissions may contribute to climate change impacts. We provided FSM with legal support throughout the legal proceedings in the Czech Republic.
It was the first ever ‘transregional’ use of a Transboundary Environmental Impact Assessment, meaning that the FSM are not located in geographical proximity to the Czech Republic. FSM’s involvement in the EIA process for the Prunéřov II Power Plant is a unique example under international law.
After a lengthy process, the Czech Ministry of Environment issued an affirmative EIA decision for the project. Although FSM concerns were officially rejected in the final decision, an assessment of the climate impacts was carried out. The plant developer is also obligated to reduce the CO2 emissions of its other projects by over five million tons over the next 25 years. The concept was presented at a conference organized by the Columbia School of Law in New York, which discussed the legal consequences of climate change and rising seas for island nations.
As part of its strategy to implement the European Green Deal and the Action Plan on Financing Sustainable Growth, the European Commission presented its proposal for a Corporate Sustainability Due Diligence Directive (CSDDD).
The Corporate Sustainability Reporting Directive (CSRD) proposal stipulates that EFRAG should be responsible for carrying out a due process to draft, consult and deliver EU sustainability standards for adoption by the European Commission. On 1 March, the EFRAG General Assembly appointed the members of the EFRAG Sustainability Reporting Board, which will be responsible for all sustainability reporting positions of EFRAG, including technical advice to the European Commission on draft EU Sustainability Reporting Standards and related amendments.
Following months of negotiations in the European Parliament, the amendments to the CSRD proposal have been approved by the JURI committee this Tuesday 15th of March.
