The Climate Report | Third Quarter 2025

REGULATORY

Both Convergence and Divergence Seen in Emerging State Climate Disclosure Bills
A wave of climate-related disclosure bills in California, New York, Colorado, New Jersey, and Illinois share a common architecture yet differ in several material respects that will shape compliance strategy.
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New Sustainability Reporting Obligations in Mexico
Early this year, Mexico enacted sustainability reporting obligations to securities issuers and other stock market participants.
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EPA Initiates Rulemaking to Eliminate the 2009 GHG Endangerment Finding
As discussed in a recent Jones Day Commentary, the U.S. Environmental Protection Agency ("EPA") has proposed to rescind the 2009 Endangerment Finding, which underpins GHG regulations under the Clean Air Act.

EPA Proposes Repeal of GHG Standards for Power Plants
As discussed in a recent Jones Day Alert, on June 11, 2025, EPA issued a proposed rule to repeal all GHG emissions standards for fossil fuel-fired electric generating units under §111 of the Clean Air Act.

One Big Beautiful Bill Act: Impact on Energy Tax Credits
Jones Day's recent White Paper discusses the One Big Beautiful Bill Act's changes to the energy tax credits previously introduced and expanded by the Inflation Reduction Act of 2022. A recent Alert discusses Notice 2025-42, which was issued by the U.S. Internal Revenue Service to implement the mandate to phase out the clean electricity production tax credit (§45Y) and investment tax credit (§48E) for wind and solar projects.

Carbon Capture Utilization and Storage in the United States
A recent Jones Day White Paper discusses carbon capture utilization and storage ("CCUS") in the United States, including recent developments, opportunities and risks, and the future outlook.

CCUS Regulation and Incentives in the Asia-Pacific Region: A Comparative Table for Strategic Decision-Making
A recent Jones Day White Paper discusses CCUS in the Asia-Pacific region, including the fundamentals of CCUS technologies; CCUS's role in energy transition; the CCUS value chain; CCUS business models; and CCUS in the Asia-Pacific region, including recent developments, opportunities and risks, and future outlook.

LITIGATION

Climate Inaction and Human Rights: The ECtHR's Cautious Approach in De Conto and Uricchio v. Italy and Others
In two decisions, the European Court of Human Rights reaffirms that successful climate-based human rights claims are possible, but the evidentiary burden remains high.
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City of Charleston v. Brabham Oil Co.: Charleston's Climate Change Suit Against Fossil Fuel Manufacturers Dismissed by South Carolina Court
A South Carolina Court of Common Pleas judge has dismissed the City of Charleston's lawsuit against more than 20 fossil fuel manufacturers, retailers, and pipelines, seeking to recover for alleged harms related to climate change.
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Active Battle Over the California Clean Air Act Waiver Continues
Litigation over California's ability to set its own vehicle emission standards under its Clean Air Act waiver of federal preemption is occurring on multiple fronts.
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Judicial Challenge to Onshore and Offshore Wind Projects Moves Forward
The District Court of Massachusetts allowed a coalition of 17 states, the District of Columbia, and an environmental advocacy organization to proceed with a lawsuit against a Presidential Memorandum seeking to temporarily suspend "new or renewed approvals, rights of way, permits, leases, or loans for onshore or offshore wind projects."
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ICJ Issues Advisory Opinion on States' Legal Obligations Regarding Climate Change
As discussed in a recent Jones Day Alert, the ICJ stated in an advisory opinion that States have legal obligations to regulate emissions and may be held internationally responsible for climate inaction—including the failure to effectively regulate GHG emissions.

TRANSACTIONAL

Transactional Analysis: IRA Rollback Redirects Venture Capital in Climate Technology
Executive orders that effectively terminate or suspend IRA-authorized federal funding have injected material uncertainty into U.S. deal flow.
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LAWYER SPOTLIGHT

Roberto Torres

For more than 22 years, Roberto Torres has focused his practice on clean energy, real estate, infrastructure, manufacturing, and tourism projects. Based in Jones Day's Mexico City Office, Roberto has in-depth experience performing due diligence on the environmental and administrative law aspects of M&A, financing projects, corporate restructurings, public and private acquisitions, and asset and stock purchase operations. He also is experienced in regulatory, health, and administrative matters; processing and administration of permits, licenses, and concessions; administrative procedures by federal and local authorities; and the drafting of federal and local environmental regulations.