Green Legislation Q&A – Fast changing laws - Your reporting obligations and liabilities

The amount of environmental, climate change and ESG legislation is rising, especially for manufacturers. As well as carbon reporting, there is new producer responsibility legislation, energy reduction regulation and issues with green claims, environmental liability management and biodiversity net gain to be aware of. And the law keeps on changing – companies are being caught out. How do you measure Scope 3 emissions and how can you influence your own supply chain? How do you know your suppliers’ carbon and ESG metrics are accurate? The MTA and ‪@irwinmitchell‬ hosted a one-hour Q&A webinar to cover the main green legal issues and what you should do, for reporting and reducing liabilities. Topics to be discussed include. Carbon and Sustainability reporting With mandatory climate and ESG reporting obligations, larger companies are asking their value chain (“scope 3 emissions”) for evidence of GHG reductions and climate action – environmental and sustainability policies, net zero strategies, evidence of carbon literacy training etc. Q&A covering net zero audits, supply chain management and climate contract reviews. Energy reduction and renewable energy schemes The need for all companies to reduce carbon emissions and energy bills. We shall consider the latest regulations on energy efficiency and buildings and look at the pros and cons of renewable energy schemes such as roof top and ground mounted solar, wind energy and battery storage. Green claims This affects many manufacturers and covers any claim of environmental improvement, for example sustainable, eco-friendly, nature or environment positive labelling. What proof does the company have to back up the claim? The CMA and the ASA are very interested in these claims, and we will see more litigation in the future especially between competitors! How best to navigate the Green Claims Code and manage future litigation risks. Environmental liability With increased regulatory focus on dangerous PFAS contaminants, there is a greater need to transfer environmental liabilities when buying or selling land or companies. Environmental liability management is also required for operational sites with storage tanks. We shall discuss best practice to mitigate environmental liabilities and the benefits of strengthening ESG and sustainability reports. Dealing with regulators Companies that deal with The Environment Agency, Natural Resources Wales, local authorities, HMRC or the HSE may need help in dealing with regulatory visits and liaising with the relevant bodies for the operation. Each have slightly different powers and it is important to know what your rights are when there is a regulatory visit.