Corporate Energy Transition

Background

    Funded by an Australian Research Council Discovery Project grant (DP160100255) for 2016-2018, this project explores how corporate and securities law mechanisms can be used to incentivise private sector transition to clean energy sources and business practices. There is considerable scope for the private sector to contribute to cutting greenhouse gas emissions and transitioning energy systems to low-carbon, clean energy sources so as to avoid catastrophic climate change impacts on Australian businesses, communities and the environment. There is also increasing recognition by Australian companies across all sectors of the importance of managing risks associated with climate change. This project will evaluate how existing corporate law tools (such as reporting and disclosure requirements, shareholder actions and director’s duties) can and are being used to motivate companies to adopt clean energy practices; and whether there are options for law and governance reforms to promote greater uptake.

Researchers

Project Outcomes

Presentation: Devising a Legal Blueprint for Corporate Energy Transition

Future of Environmental Law Symposium, Law Council of Australia, Sydney 10 March 2017.

Blueprint Presentation

Article: Liability for Misleading Disclosure of Climate Risk: Could US-style claims happen in Australia?

(2017) 32(3) Australian Environment Review

Article

Presentation: Liability for Misleading Disclosure of Climate Risk: Could US-style claims happen in Australia?

National Environmental Law Conference, Melbourne, 18 November 2016

Presentation

Article: Keeping Good Company in the Transition to a low-Carbon Economy

(2017) 35(3) Company and Securities Law Journal

Article

Article: Carbon Risk Disclosure: the risk for Australian companies

Why two potential law reforms should be part of Turnbull Government's agenda; poor and misleading disclosure of climate risks facing businesses may be a looming legal issue in Australia, but there is also growing evidence it can have a positive effect on companies by encouraging the uptake of clean energy practices.

Article

Presentation: Climate Risk Disclosure

Regulating the Energy Transition: Issues at the Intersection of Energy and Environmental Law, Oxford, 30 June - 1 July 2016

Presentation

Submission: 2015 Senate Inquiry into Carbon Risk Disclosure

Climate change poses unparalleled financial, legal and physical risks to Australian businesses in all sectors. Specifically, carbon risk - including risks associated with the future regulation and pricing of carbon emissions and financial and legal risks associated with stranded carbon assets is a growing concern for the resource and finance sector. For companies, carbon risk disclosure focuses attention internally on developing strategies to manage carbon risks and to harness associated market opportunities, including accelerating investments in technological innovation and clean energy. Carbon risk disclosure is also critical to market transparency, allowing investors to use this information in their strategic decision-making. This inquiry is a timely opportunity to assess the practices of Australian companies in this area against emerging international frameworks for carbon risk disclosure, including new regulatory frameworks in leading economies such as the United States and France.

Read our submission

Link to the inquiry submissions

Current Commentary

New Climate Change Laws for Victoria – a boost for the business of clean energy transition

Commentary

Podcast: Professor Jacqueline Peel - Is Climate Change Bad for Business Bottom Line?

Podcast

The Conversation: Climate Change is a financial risk according to a lawsuit against the CBA

Article

Update

Article featuring Professor Jacqueline Peel: Legal threat raises stakes on climate forecasts

Article