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.
The EU Sustainability Reporting Standards (ESRS) are now officially a Delegated Regulation, having been agreed by the President von der Leyen and the College of Commissioners. Barring an unexpected rejection by the co-legislators in the next two months (they can reject the standards, but cannot amend them), this is the final, fixed version of the ESRS.
The European Council has now agreed its negotiating mandate on SFDR 2.0. In several areas, it represents a significant regression from the Commission's proposal and the Parliament's subsequent draft report.
Climate risk is now a core business issue. Climate change is reshaping the business landscape, through physical disruptions to assets and operations, accelerating the urgent need to transition to a low-carbon economy. For companies of all sizes, understanding and managing these risks is no longer optional.
