Resilient LLP (formerly DeMarco Allan LLP)
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Canada and Alberta Reach Agreement-in-Principle on Methane Equivalency

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The Government of Canada and the Government of Alberta have announced an Agreement-in-Principle to lower methane emissions in the oil and gas sector by 75% below 2014 levels by 2035 in Alberta. The Agreement-in-Principle builds on the Canada-Alberta Memorandum of Understanding (see our earlier bulletin here) and follows the recently published draft Co-operation Agreement between Alberta and Canada on Environmental and Impact Assessment. Under the proposed framework, Alberta would implement a performance-based approach to reduce methane emissions that combines regulations, offset credits, and targeted investments. This bulletin briefly summarizes the key commitments set out in the Agreement-in-Principle. Commitments. Alberta and Canada commit to: develop an outcome-based equivalency agreement (the Agreement) under the Canadian Environmental Protection Act, 1999 (CEPA), whereby Canada’s Enhanced Methane Regulations would be stood down in Alberta, in recognition of final provincial regulations and a provincial approach that delivers, over the term of the Agreement, 75% methane emissions reductions by 2035; act reasonably in adjusting the Agreement, if required, in the face of a force majeure event; jointly select and rely on an independent third party, contracted on an equal cost-shared basis, to conduct methane modelling, analysis of emissions reductions, and to assess methane reduction results; and agree that Alberta will publish information explaining the covered sources of methane and the province’s approach to meet its emissions reduction targets. Next Steps. Once Alberta and Canada agree on the terms of the Agreement, it will undergo a 60-day consultation period, with the goal of finalizing it by the end of the year and implementing it no later than January 1, 2027, for a 10-year period, subject to the amendments to CEPA contained in the federal Budget 2025 Implementation Act. Alberta’s existing equivalency agreement will remain in place until the Agreement is finalized.   For further information or to discuss the contents of this bulletin, please contact Lisa DeMarco at lisa@resilientllp.com.

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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 Announces Digital Platform Functionality and Verra Registry Updates

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One of the leading voluntary carbon market standards, Verra, recently announced the launch of its “Project Tracker”, the first component of its digitalization initiative and the first functionality of the new Verra Project Hub. Verra also published an overview of the most recent updates to the Verra Registry. This bulletin briefly summarizes key information on the launch of the Project Tracker and important updates to the Verra Registry: Project Tracker and Project Hub Launch Verra’s Project Tracker provides stakeholders with increased information and visualization of project details including the status of each project in a bar diagram. This is intended to enable stakeholders to view project progress from initial listing to registration, validation, and verification. Verra indicated that the Project Tracker is linked to its customer relationship management platform, enabling automatic data synchronization. Verra noted that it intends to expand the Project Hub’s features to (i) facilitate the online submission of new projects for review, (ii) a digital assessment of a project’s non-permanence risk, and (iii) direct interaction with project auditors. Verra Registry Updates Announced updates to the Verra Registry include the following: New project status added. A new project status, “Pipeline Listing (Under Development) Approved”, has been added to the workflow for projects seeking registration in the Verified Carbon Standard (VCS) Program. ERR Calculation Spreadsheet. A new document type specific to emission reductions and removals (ERR), titled “ERR Calculation Spreadsheet,” has been added to the drop-down list of available project document types. Locking of Account Setup Fields.The fields in the “My Account Setup” module for all Verra Registry accounts are now locked for editing after Verra has approved the account. Locking of Project Setup Fields.Once a submitted project is no longer under the status of “New,” the project’s setup page will be locked for editing. This applies to all Verra projects in any…

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B.C. Releases Draft Forest Carbon Offset Protocol 2.0

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The B.C. Ministry of Environment and Climate Change Strategy (the Ministry) has released the latest draft of the B.C. Forest Carbon Offset Protocol 2.0 (the Protocol). The Protocol is the long-awaited updated version of the first version of the Protocol which was introduced in 2011 and repealed in 2015. The Protocol is expected to enable new forest carbon offset projects in B.C. This bulletin briefly summarizes key updates to the Protocol and related proposed amendments to the Greenhouse Gas Emission Control Regulation (the Regulation). The Protocol contains both a methodology for carrying out certain emission offset projects that remove emissions with forest sinks and reservoirs, and guidance associated with such projects. In addition, the Protocol creates legal requirements that project proponents, validation bodies, and verification bodies must follow for the proponent to obtain offset units under the Greenhouse Gas Industrial Reporting and Control Act. The Ministry noted that the Protocol has several substantial changes from earlier draft versions including: further refined eligibility; reporting and maintenance requirements; and the addition of further guidance, equations, tools and definitions. The Ministry also announced the following proposed amendments to the Regulation to be brought into force prior to the publishing of the Protocol: creating and clarifying definitions regarding the identification and treatment of reversals during the crediting period; distinguishing between “avoidable reversals” and “unavoidable reversals”, defining each as follows: “avoidable reversals” are reversals where the project proponent substantially increased the risk that the reversal would occur by failing to comply with commitments to maintain carbon sequestration levels that are set out in project plans, or requirements to maintain carbon sequestration set out in protocols or covenants, or the project proponent failed to take appropriate measures in relation to the avoidance of the risk that the reversal would occur; “unavoidable reversals” are reversals that are…

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CFTC Seeks Comment on Climate-Related Financial Risk

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The U.S. Commodity Futures Trading Commission (CFTC) has released a Request for Information seeking public comment on climate-related financial risk (the RFI). The CFTC notes that the RFI will inform its understanding and oversight of climate-related financial risk relevant to the derivatives markets, underlying commodities markets, registered entities, registrants, and other related market participants. This bulletin briefly summarizes the RFI. The RFI is seeking comments on questions posed by the CFTC around the following topic areas: data; scenario analysis and stress testing; risk management; disclosure; product innovation; voluntary carbon markets; digital assets; financially vulnerable communities; public-private partnership/engagement; and capacity and coordination. The CFTC indicated that it may use the responses and comments received through the RFI to inform potential future actions including the issuance of new or amended guidance, interpretations, policy statements, or regulations, or other potential action by the CFTC. All of the CFTC’s commissioners voted in favour of the RFI. However, Commissioner Mersinger, in a concurring statement included in the RFI, indicated that several of the questions in the RFI were beyond the jurisdiction of the CFTC. Commissioner Mersinger asserted that the CFTC does not regulate commodity markets and does not have statutory authority to create a registration framework for participants within voluntary carbon markets nor the authority to regulate digital assets or distributed ledger technology outside of activities related to derivatives. In addition, Commissioner Pham stated that the CFTC should seek to harmonize any climate risk management framework with existing prudential and other regulatory regimes for registrants already subject to such regimes. The RFI follows the CFTC’s first Voluntary Carbon Convening (the Convening) which discussed issues related to the supply and demand for high quality carbon offsets, including product standardization and the data necessary to support the integrity of carbon offsets’ greenhouse gas emission avoidance and claims.…

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