On 23 December 2024, Canada’s Competition Bureau published draft guidelines concerning environmental claims and compliance with the Competition Act (the “Act”) for public consultation. Updated guidance on environmental claims has been much anticipated following recent amendments to the Act that explicitly prohibit greenwashing as a form of deceptive marketing.

The 29th annual conference under the United Nations Framework Convention on Climate Change in Baku, Azerbaijan, concluded with significant strides in climate finance and policy. Billed as the “Finance COP,” there was much anticipation as to whether a new collective goal on climate finance would be set and if the Article 6 rulebook would be finalized.

After months of negotiations, Indonesia and Japan signed a mutual recognition agreement for bilateral carbon trading (MRA) on 18 October 2024. The MRA, which came into effect on 28 October 2024, is expected to support Indonesia and Japan to meet their climate change mitigation efforts, and also to draw investors into the carbon sector for both countries.

Acting with other US regulators, the Commodities Futures Trading Commission (“CFTC” or “Commission”) recently issued two consent orders (“CFTC Orders”) and filed a complaint (“CFTC Complaint”) alleging fraud and false, misleading, or inaccurate reports relating to voluntary carbon credits (“VCCs”). As noted by CFTC Director of Enforcement Ian McGinley, “[these actions] demonstrate [the CFTC’s] commitment to vigorously fight frauds in its markets, whether long-established or new and evolving, such as the carbon credit markets.” These are the first CFTC actions for fraud in the VCC market, and closely follow the CFTC’s recently published final Commission Guidance Regarding the Listing of Voluntary Carbon Credit Derivative Contracts (“Final Guidance”).

Malaysia is slated to have a comprehensive framework to regulate, implement and enforce actions/initiatives that is aimed to lead towards a low-carbon economy. The Ministry of Natural Resources and Environmental Sustainability is leading the initiative for the proposed enactment of the Climate Change Act by issuing a consultation paper to obtain comments and feedback. The introduction of a Climate Change Act is the result of Malaysia’s determination to honor its commitment under the Paris Agreement and also to reduce greenhouse gas emissions in Malaysia.

Legal action against sustainability or green claims (‘greenwashing’) is on the rise. Consumers and NGOs are increasingly seeking out legal avenues to hold companies accountable for allegedly misleading advertisements on sustainability. One of these avenues in the Netherlands is the Advertising Code Committee (ACC), which regularly handles complaints on greenwashing and other potential misleading statements.

The Spanish legal framework on packaging and packaging waste that entered into force in December 2022 substantially modified the regulation of packaging and packaging waste in an effort to implement a circular economy in Spain. Most of the obligations have already entered into force. However, certain marking and information obligations will enter into force on 1 January 2025.

On 28 June 2024, the European Ecodesign Regulation (2024/1781/EU) (“Ecodesign Regulation”) was published in the Official Journal of the European Union and entered into force on 18 July 2024. This Regulation means a radical change in the manufacturing method of a wide variety of products and directly affects the supply chain of all those companies that intend to introduce products into the European Union. Its fundamental aim is to make products more sustainable by introducing a series of requirements and prohibitions that will be adapted to each product group by means of delegated acts of the European Commission.

On 22 August 2024, Legislative Decree No. 1629 was published, amending Article 2 of Law No. 31992, Law for the Promotion of Green Hydrogen, which aims to promote the development of green hydrogen from renewable energy resources.

Since the landmark Climate Change Conference (COP 27) in Sharm El-Sheikh, Egypt has been on a mission to revolutionize its carbon trading market. This journey began with Prime Ministerial Decree No. 4664 of 2022, which set the stage for a voluntary carbon market platform within the Egyptian Stock Exchange. Recently, the Egyptian Financial Regulatory Authority introduced a series of groundbreaking regulations to create a robust framework for the accreditation, issuance, listing, delisting, and trading of carbon emissions reduction certificates.