January 2025 ESG Policy Update— Australia

The NSW Government has doubled the objection threshold for electricity generating works to be referred to the Independent Planning Commission (IPC) and removed objection-based IPC referral for battery energy storage systems altogether. These changes seek to materially reduce approval risk for proponents across the energy sector.

Many industrial customers face rising energy costs, among other challenges. We look at examples of government support provided so far.

The Request for Proposal (RFP) stage of Australia’s first offshore wind auction opened in Victoria on 26 August 2026.

Pastoralists should identify the water and operational assets that matter to the station before activity begins, then ensure any access or commercial agreement clearly deals with monitoring, disruption, rehabilitation, liability and review. The legal position will depend on the mining or exploration licence (as the case may be), the pastoral lease, government policy, approvals and proposed activity, but early preparation gives a family stronger footing in discussions.

Greenwashing litigation in Australia has entered a new phase. Until now, these cases have been brought by regulators, shareholder groups and advocacy organisations. A consumer class action has now been filed in the Federal Court against AGL Energy Limited (AGL) – the first greenwashing class action in Australia.

Default offers in Australia's retail electricity market were designed to eliminate loyalty penalties and simplify plan comparisons, but how exactly do regulators calculate these price caps? The Australian Energy Regulator and Essential Services Commission now employ similar bottom-up methodologies that stack various cost components to determine what a prudent retailer would need to charge a representative customer.

The article includes key considerations, what your business needs to comply and some tips on the changes in legislation.

In early 2012 the NZ Government proposed selling up to 49 per cent of shares in Government owned hydropower companies.

In May 2020, Rio Tinto, an Anglo-Australian multinational mining company and the world's biggest iron ore miner, destroyed two ancient caves in Pilbara, Western Australia.

Utility organizations face mounting pressure to address customer hardship through comprehensive ecosystem changes. This analysis explores how utilities can implement interventions across individual, organizational, and systemic levels to create meaningful impact. The framework presented offers a multi-layered approach to transforming reactive support into proactive, system-wide solutions.

On 30 September 2026, the SEC proposed rule amendments advancing Chairman Paul S. Atkins’ “responsible retailization” of private markets, expanding retail access to private-market strategies while adding key investor safeguards.

The Federal Trade Commission has issued a proposed enforcement policy statement targeting businesses that use consumer personal data to set individualized prices. While acknowledging it cannot prohibit all personalized pricing, the FTC warns that companies may violate federal law if they fail to clearly disclose their use of personal data in pricing decisions.

Texas Senate Bill 140 (SB 140) took effect 1 September 2025, and applies to conduct occurring on or after that date. The bill amended Section 302 of the Texas Business and Commerce Code to extend registration and disclosure requirements to text messages by expanding the definition of “Telephone solicitation,” which previously applied only to a “telephone call,” to include certain transmissions of text or graphic messages and images. In addition, SB 140 added a definition of “Telephone call” that incorporates the definition found in Section 304, which includes certain text or graphic messages and images, but excludes certain agreed-to transmissions.

The SEC and CFTC have issued coordinated regulatory relief measures that significantly advance crypto-based trading infrastructure in US markets, bypassing Congressional gridlock on the CLARITY Act. These orders establish new frameworks for tokenized securities venues and passive software providers, potentially reshaping how digital assets are traded and accessed in regulated markets.

The EU has introduced its first major amendment to the AI Act through the AI Omnibus regulation, which delays certain compliance deadlines while maintaining others. Organizations must understand which obligations remain on schedule, including transparency requirements and general-purpose AI provisions, and which have been deferred, such as high-risk AI system requirements.

The European Commission has issued guidelines on transparency obligations under Article 50 of the EU AI Act, clarifying how providers and deployers must inform individuals when they interact with AI systems or are exposed to AI-generated content. These non-binding guidelines address a wide range of AI applications, from chatbots to deepfake technologies, and establish four main transparency scenarios with specific disclosure requirements that businesses must now prepare to implement.

Venezuela's post-Maduro reopening is creating unprecedented opportunities for foreign investors across energy, mining, telecommunications, and infrastructure sectors. With expanding OFAC sanctions relief, landmark legislative reforms, and major US companies nearing multibillion-dollar deals, the country presents investment prospects not seen in a generation—though success requires disciplined navigation of corruption, security, and regulatory risks.

California is implementing a major tax policy shift that will subject software-as-a-service, remotely accessed software, and digital products to sales and use tax beginning January 1, 2027. The California Department of Tax and Fee Administration has proposed emergency regulations establishing sourcing rules, a $5 million threshold that shifts tax liability from retailers to purchasers, and key exemptions for custom software and certain service-based digital products.

The European Union's new Consumer Rights Directive amendment introduces a mandatory "withdrawal button" for online merchants, fundamentally changing how consumers exercise their 14-day right of withdrawal from distance contracts. This requirement, effective June 19, 2026, applies to any trader—including US-based companies—actively selling to EU consumers, creating new compliance obligations around button placement, design standards, data collection, and confirmation processes. Understanding whic

The United States and Saudi Arabia have signed a landmark nuclear cooperation agreement under Section 123 of the Atomic Energy Act, establishing the legal framework for decades of civilian nuclear partnership. This agreement resolves years of debate over nonproliferation conditions and positions US companies to participate in Saudi Arabia's ambitious civil nuclear program. The deal carries significant implications for US engagement in the Middle East, international nuclear commerce, and the global competiti