Ontario’s Minister of Energy (the Minister) today announced the release of the province’s “Powering Ontario’s Growth” plan (the Plan). The Plan outlines the actions Ontario expects to take to meet increasing demand for electricity supported by strong economic growth and electrification over the next two decades. The Plan notes that Ontario may need to increase its electricity generating capacity from the current 42,000 MW to 88,000 MW by 2050, in addition to replacing 20,000 MW of generation capacity over the same time period. This bulletin briefly highlights Ontario’s planned actions. Current actions. The Plan provides the following actions that Ontario is currently undertaking to meet increasing demand: Nuclear Energy. Ontario in continuing work on the refurbishment of the Darlington and Bruce Nuclear Generating Stations, which together will secure 10,050 MW of generation capacity. In addition, Ontario is supporting the continued operation of the Pickering Nuclear Generations Station and has directed Ontario Power Generation (OPG) to update its feasibility assessment for the refurbishment of Pickering “B” to continue operating beyond 2026. Competitive Procurements for New Build Electricity Generation and Storage. The Minister has directed the Independent Electricity System Operator (IESO) to acquire 4,000 MW of new electricity generation and storage resources through competitive procurements, targeting 2,500 MW of stand-alone energy storage resources and a maximum of 1,500 MW of natural gas generation. Energy Efficiency Program Enhancements. Ontario has increased funding for energy-efficiency programs by $34M, bringing total funding to more than $1B over the current 2021-2024 Conservation and Demand Management framework period. Re-Contracting Ontario’s Small Hydroelectric Stations. The Minister has asked the IESO to design a Small Hydro Program to recontract existing facilities whose current agreements are coming to an end. Transmission Expansion. Ontario has issued an Order-in-Council declaring three transmission line projects in London, Windsor, and Sarnia as provincial priorities, streamlining the regulatory approval…
The Voluntary Carbon Market Integrity Initiative (VCMI) today launched its Claims Code of Practice (the Code). The purpose of the Code is to provide clear guidance to companies and other non-state actors on when and how they can credibly make voluntary use of carbon credits as part of their net-zero commitments and climate mitigation strategies, and the claims they can make about that use (see our earlier bulletin here). The Code is expected to have a significant influence on best practices for claims and disclosures on the demand side of the voluntary carbon market. The Code follows a four-step process briefly summarized below that companies can choose to follow to make credible, voluntary use of carbon credits and receive validation in the form of a “VCMI Claim”. 1. Comply with the Foundational Criteria. The Code provides that before a company makes voluntary use of carbon credits (i.e., making a VCMI Claim), the company must adhere to the following four foundational criteria: Maintain and publicly disclose an annual greenhouse gas emissions inventory. Set and publicly disclose validated science-based near-term emissions reduction targets, and publicly commit to reaching net zero emissions no later than 2050. Demonstrate that the company is on-track towards meeting a near-term emissions reduction target and minimizing cumulative emissions over the target period. Demonstrate that the company’s public policy advocacy supports the goals of the Paris Agreement and does not represent a barrier to ambitious climate regulation. 2. Select a VCMI Claim to make. The Code outlines three tiers of enterprise-wide claims and requirements (silver, gold, platinum) that are intended to be aligned with the Science Based Targets initiative (SBTi) and High-Level Expert Group on the Net-Zero Emissions Commitments of Non-State Entities, established by the UN Secretary-General, that companies must review and determine whether they are able to meet. The below table provides an overview of the three…
The U.S. Securities and Exchange Commission (SEC) today charged Coinbase, Inc., the largest crypto asset trading platform in the U.S., with operating a crypto asset trading platform as an unregistered national securities exchange, broker, and clearing agency as well was failing to register the offer and sale of its crypto asset staking-as-a-service program (the Complaint). Regulators across the world are increasing their oversight of new and emerging securities and crypto carbon offerings should heed the recent actions of the SEC and carefully examine whether their offerings constitute unregulated securities. This bulletin briefly summarizes key details of the Complaint. The SEC’s Complaint alleges that Coinbase intertwines the traditional services of an exchange, broker, and clearing agency without having registered any of those functions with the SEC as required by law. The Complaint alleges that since 2019, Coinbase has: provided a marketplace and brought together the orders for securities of multiple buyers and sellers using established, non-discretionary methods under which such orders interact; engaged in the business of effecting securities transactions for the accounts of Coinbase customers; provided facilities for comparison of data respecting the terms of settlement of crypto asset securities transactions, served as an intermediary in settling transactions in crypto asset securities by Coinbase customers, and acted as a securities depository; and engaged in an unregistered securities offering through its staking-as-a-service program, allowing customers to earn profits from the “proof of stake” mechanisms of certain blockchains and Coinbase’s efforts. The SEC stated that Coinbase’s actions “deprive[d] investors of critical protections, including rulebooks that prevent fraud and manipulation, proper disclosure, safeguards against conflicts of interest, and routine inspection by the SEC” and that its failure to register its staking-as-service program “depriv[ed] investors of critical disclosure and other protections.” The Complaint follows yesterday’s similar charges, including several alleged securities law violations, against…
The UK’s High Court (the Court) has denied the world’s first climate-related derivative action against a board of directors to hold them personally accountable over their alleged failure to properly prepare for the energy transition. Background. On February 9, 2023, environmental law organization ClientEarth filed a derivative action, brought by shareholders on behalf of the company, seeking permission to bring a claim against Shell’s board of directors (the Board), alleging breaches of legal duties under the UK’s Companies Act 2006 (the Act). ClientEarth alleged that the Board was mismanaging material and foreseeable climate risks in breach of the Act and had failed to adopt and implement an energy transition strategy that aligns with the Paris Agreement. Specifically, ClientEarth alleged that the Board breached its duties under: s. 172 of the Act, which requires directors to act in a way that they consider will best promote the success of the company for the benefit of its members as a whole; and s. 174 of the Act, which requires directors to exercise reasonable care, skill and diligence in the discharge of their duties. ClientEarth had requested that the Board be required to adopt a strategy to manage climate risk in line with its duties under the Act, and in compliance with the 2021 Dutch Court judgment requiring Shell to reduce CO2 emissions of the Shell group by net 45% in 2030, compared to 2019 levels, through the Shell group’s corporate policy (see our earlier bulletin here). Judgment. Mr Justice Trower of the UK High Court denied permission to ClientEarth to bring its climate-related derivative action against the Board in the UK. In dismissing the lawsuit, the judge determined that ClientEarth’s action sought to “impose specific obligations on the directors as to how the management of Shell’s business and affairs should be conducted, notwithstanding the well-established principle that it is for directors…
The Voluntary Carbon Markets Integrity Initiative (VCMI) yesterday announced that it is has appointed an Expert Advisory Group (EAG), which will provide advice to the VCMI Secretariat and Steering Committee ahead of the launch of its Claims Code of Practice later this year. VCMI launched its Provisional Claims Code of Practice in the middle of last year. Earlier this week, VCMI announced a partnership with Winrock International to produce an operable VCMI Claims Code of Practice for voluntary use of carbon credits. The purpose of the Claims Code of Practice is to provide clear guidance to companies and other non-state actors on when and how they can credibly make voluntary use of carbon credits as part of their net-zero commitments and climate mitigation strategies, and the claims they can make about that use. VCMI said that EAG participants were invited to join the group due to the range of expertise they bring from across key sectors and geographies. Members include carbon market experts, environmental and sustainability professionals, Indigenous community leaders, and legal and accounting practitioners. Resilient LLP Senior Partner and CEO Lisa DeMarco is among those appointed to the EAG. The full list of EAG members is available on the VCMI website. For further information or to discuss the contents of this bulletin, please contact Lisa DeMarco at lisa@resilientllp.com.




