April 2024

The Science Based Targets initiative (SBTi) today released a statement (the Statement) from the SBTi Board of Trustees announcing its decision to extend the use of environmental attribute certificates (EACs), including but not limited to EACs from voluntary carbon markets (i.e., carbon credits), for the purpose of abatement of Scope 3 related emissions beyond the current limits in its Corporate Net-Zero Standard (the Standard). SBTi noted that the use of EACs is an additional tool to address climate change when paired with policies, standards, and procedures based on scientific evidence. This bulletin briefly summarizes important aspects of the Statement. Expansion of EAC Use. SBTi plans to broaden the application of EACs for Scope 3 emissions abatement and intends to introduce definitions of specific “guardrails” and thresholds, as well as applicable rules, for such EACs to be considered valid for Scope 3 emissions abatement purposes and in line with “principles of mitigation hierarchy” — the principle that companies set science-based targets to address their value chain emissions and implement strategies to achieve these targets before actions or investments to mitigate emissions outside their value chain. Collaborative Framework Revision. SBTi indicated that it would consult, and seek cooperation agreements with, other relevant initiatives and stakeholders on revisions of the Scope 3 framework, which will include the responsible use of EACs in science-based target-setting. Carbon Credit Quality. SBTi does not intend to validate carbon credit quality and indicated that other entities are better positioned to assess the quality and integrity of carbon credits (an implicit reference to the Voluntary Carbon Market Integrity Initiative and the Integrity Council for the Voluntary Carbon Market). SBTi noted that such entities will have clear access to, and a complete understanding of, the demand-side guardrails and rules established by SBTi for the use of EACs. Accelerating Decarbonization. The SBTi indicated that the expanded use of EACs is…

The District Court of Amsterdam (the Court) recently released its decision on alleged ‘greenwashing’ claims against Dutch airline KLM (the Decision). The Court found that 15 of the 19 impugned KLM advertising statements and environmental claims were unlawful and misleading to consumers. Specifically, the Court held that it was misleading and unlawful for KLM to make advertising statements suggesting that (i) flying can be or become sustainable, and (ii) the purchase of or contribution to a “compensation” product actually reduces, absorbs or compensates for part of the climate impact of flying. This bulletin briefly summarizes the background of the case and important aspects and implications of the Decision. Background. Dutch environmental groups Fossielvrij Netherlands (Fossil Free Netherlands) and Reclame Fossielvrij (Fossil Free Advertising) (together, FF), supported by ClientEarth, an international environmental advocacy organization, delivered a letter to KLM in May 2022 stating their intention to file a legal claim if their demands, including calling for a ban on all fossil fuel advertising in the EU, were not met. FF and ClientEarth indicated that they were targeting KLM’s ‘Fly Responsibly’ ad campaign and the airline’s offers for customers to purchase carbon offsets to fund reforestation projects or the purchase of biofuels to offset the emissions from a customer’s flight. FF filed a ‘greenwashing’ lawsuit against KLM in July 2022, alleging that the airline’s climate-related advertising misled the public and challenging KLM’s carbon offsetting marketing, which purported to allow customers to reduce the carbon impacts of their flights by supporting reforestation projects or the purchase of small quantities of biofuels and Sustainable Aviation Fuel (SAF). Court’s Findings and Decision. The Court considered 19 statements made by KLM in connection with its ‘Fly Responsibly’ and ‘CO2ZERO’ marketing campaigns and ‘KLM Real Deal Days’ promotion campaign under the Dutch Unfair Commercial Practices Act and…

SBTi To Extend Use of Environmental Attributes For Scope 3 Abatement

Dutch Court Rules KLM Misled Customers and Engaged in Greenwashing