Resilient LLP (formerly DeMarco Allan LLP)
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DT Vollmer

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Canadian Youth File Climate Risk Lawsuit Against CPP Investments

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Four young Canadians have launched a legal claim against the Canada Pension Plan (CPP) Investment Board (CPP Investments), Canada’s largest pension fund manager, alleging that it is mismanaging and has underestimated climate-related financial risks to the $732B in assets under management of the CPP. The claim alleges that by underestimating and failing to disclose climate-related financial risks, CPP Investments could expose Canadians to dramatically reduced retirement benefits, the need for substantially higher contribution rates, or both. This bulletin briefly summarizes key information regarding the claim. Overview. The claim notes that CPP Investments has publicly recognized climate change as a significant investment risk, but “backtracked” on its net-zero commitment earlier this year. The applicants allege that this reversal, combined with ongoing fossil fuel investments, demonstrates an absence of sufficient measures to manage climate-related financial risks in the best interests of younger contributors. The youth applicants, which are all anticipated to receive pension benefits after 2050, argue that by severely underestimating and failing to disclose climate-related financial risks, CPP Investments is failing to: properly manage climate-related financial risks, thereby jeopardizing the long-term value of the portfolio and the security of contributors’ benefits; and adequately identify and assess climate-related financial risks to CPP funds, including in its use and reporting of the MSCI Climate Value-at-Risk model without describing how it applies judgement to the results despite the alleged uncertainty regarding the model’s ability to adequately capture systemic risks from higher degrees of warming. The claim relies on the latest research on the severe impacts of climate change (including the triggering of tipping points and cascading risks) on society and financial systems beyond 1.5°C of warming. According to Ecojustice, the claim is the first climate case against a pension fund investment manager “anchored in the duty of impartiality and even-handedness in a multi-generational context” and is also…

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Ontario’s Minister of Energy Outlines Key Priorities

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Ontario’s Minister of Energy and Mines (the Minister) yesterday delivered a keynote speech at the Ontario Energy Conference setting out Ontario’s energy priorities, linking new supply and infrastructure directly to the province’s industrial strategy and economic growth. This bulletin briefly summarizes the key takeaways of the Minister’s speech. Integrated Energy Plan as roadmap. The Integrated Energy Plan (IEP) was described as Ontario’s “gold star” roadmap for generation, transmission, distribution, and storage. The Minister noted that the backdrop of rising unemployment in Ontario is new generation development, with the IEP underpinning jobs, competitiveness, and industrial growth. Nuclear as a nation-building project. Ontario is proceeding with the first of four small modular reactors (SMRs) at Darlington, which has been identified as a “nation-building” initiative by the federal government. The SMR program is projected to create 18,000 construction jobs, with 80 cents of every dollar spent remaining in Canada. The Minister highlighted the economic scale of large nuclear, with a potential 10,000 MW of new capacity at Port Hope, estimated at adding $235B to Canada’s GDP along with new job creation. The Minister emphasized that there is no economic growth without net new nuclear, supporting Canada as a leading clean energy economy and positioning Ontario as leading the world on SMR. Hydro, Transmission and Storage. The Minister noted that new hydro, transmission, and storage projects are being advanced, with First Nations leadership central to future baseload supply. Four new transmission lines have been announced and were described as the largest one-time investment in a generation and essential to moving new generation to load centres. The Minister also emphasized that storage will be critical alongside nuclear and hydro. LT2 procurement and competition. The IESO’s Long-Term 2 (LT2) procurement was highlighted as good for customers, as competition is expected to reduce prices by up to 30%. The Minister emphasized the IESO’s role as forward-looking and central to procurement and system planning. IEP Natural gas policy statement. The Minister noted that for the first time,…

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Alberta Announces Significant Updates to TIER Regulation

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The Government of Alberta yesterday announced that it will introduce significant amendments to the Technology Innovation and Emissions Reduction (TIER) regulation this fall. The proposed changes will (1) add on-site emission reductions investments as a compliance pathway and (2) provide flexibility for small emitters to opt out of the TIER system in 2025. Premier Danielle Smith and Minister of Environment and Protected Areas Rebecca Schulz announced the changes in an afternoon news conference. This bulletin briefly summarizes the expected amendments and the government’s next steps. Regulatory amendments. The proposed updates to the TIER system include:  Compliance through direct investment in on-site emission reductions. Recognizing on-site emissions reduction investments as a new pathway for facilities to comply with the TIER system, in addition to the current suite of available compliance options. The government anticipates that a new standard will be developed to support the new compliance pathway, which is expected to be structured around project investments over an eight-year period (five years forward, three years back) and could include investments in projects such as the Pathways CCS project. A facility would be allowed to use this compliance pathway to fulfill up to 90% of its TIER compliance obligation. Under the current TIER regulation, a facility can meet its compliance obligation by (a) reducing on-site emissions, including by applying capture recognition tonnes (CRTs) to lower the facility’s total regulated emissions (TRE); (b) submitting emission offset credits (EOs); (c) submitting emissions performance credits (EPCs); and/or (d) purchasing fund credits by paying into the TIER Fund at the prescribed TIER Fund Price (currently frozen at $95 per tonne CO2e).  Opt-out for small facilities. Allowing smaller facilities that currently participate in the TIER system to leave or opt out. TIER applies to large facilities that emit more than 100,000 tonnes of CO2e per year, while smaller facilities have been able to opt-in to the TIER system under…

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German Court Finds Apple Watch Not A ‘CO2-neutral Product’

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A panel of judges of the Commerce Chamber of the Frankfurt am Main Regional Court (the Court) has released its decision barring Apple from promoting three Apple Watch models as “CO2-neutral products”. The Court granted an injunction sought by Deutsche Umwelthilfe (Environmental Action Germany), finding that advertising the watches as a “CO2-neutral product”, based in part on the purchase of carbon credits from “nature-based” projects, was misleading under German competition law. This bulletin briefly summarizes the key findings of the Court. Decision. In finding that Apple must refrain from advertising the three models of Apple Watches as a “CO2-neutral product”, the Court determined that the claims were misleading and violated s. 5(1) of the Act against Unfair Competition, which prohibits misleading business acts that are likely to induce consumers or other market participants to make a business decision that they would otherwise not have made.  Apple’s claims were based, in part, on the purchase of carbon credits from a forest project in Paraguay. However, the Court held that 75% of eucalyptus plantations in the carbon offsetting forest projects in Paraguay were only leased until 2029 and that the CO2 offsetting could therefore only be guaranteed until 2029. The Court also rejected Apple’s argument that Verra’s buffer pool account was sufficient to secure the uncertainty of lease extensions according to the VCS Standard, and noted that in the event of non-renewal of the leases, the VCS Standard only allowed Apple to continue to monitor the forest project: “The possibility of only monitoring the remote part of the project area for the remaining duration and only having the buffer account mechanism intervene in the event of loss is not a CO2 compensation measure that is equally suitable for the continuation of the forest project beyond 2029.” (translated from the original German) In finding Apple’s claims misleading to…

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Verra and S&P Announce Major Registry Partnership

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Verra and S&P Global Commodity Insights (S&P) yesterday announced a new partnership that will see Verra overhaul its registry using S&P’s registry-build infrastructure software. The organizations say that the partnership is a major step toward “more scalable, interoperable, and digitally integrated infrastructure” and represents collaboration between the world’s largest standards body for climate action and sustainable development and the world’s largest commodities and benchmark information provider. The new registry will roll out in two stages, with a foundational phase launching within the next six months and the second phase launching in 2026. It is expected to include: Integration, and a two-way data exchange, with the Verra Project Hub, enabling project proponents to prepare project documents and move through the full lifecycle (i.e., registration, monitoring, issuance) with less duplication and greater efficiency; Expanded digitization and system connectivity, reducing administrative burden for developers and accelerating verification and credit issuance timelines; Transaction-ready application programming interfaces (APIs) that allow for automated transfers and retirements, replacing manual processes and enabling frictionless, high-volume trading across brokers, exchanges, and marketplaces; Improved transparency and customizable reporting tools; and Foundational infrastructure for future innovations, including expanded Article 6 and CORSIA functionality and integration with various programs, governments, market participants, exchanges, insurers, and financial platforms. We anticipate that details on timelines, new access procedures, and system improvements will be announced in September. The Verra-S&P partnership follows the January 28, 2025 announcement that Winrock International’s Environmental Resources Trust (ERT), will use Intercontinental Exchange, Inc.’s (ICE’s) registry technology service, ICE GreenTrace, for its crediting programs: American Carbon Registry (ACR); the Architecture for REDD+ Transactions (ART); and the new sectoral crediting standard in development for the Energy Transition Accelerator (ETA).   For further information or to discuss the contents of this bulletin, please contact Lisa DeMarco at lisa@resilientllp.com or Jonathan McGillivray at jonathan@resilientllp.com.

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