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Companies are navigating a shifting ESG and sustainability regulatory landscape across Europe and the US. The session opened with an overview of deregulatory trends in Europe, including the Omnibus package, evolving CSRD and CSDDD obligations, and the EU Deforestation Regulation. In contrast, the US discussion highlighted the rise of the anti-ESG movement at the federal level, set against California’s continued push for climate disclosure laws impacting both public and private companies.

The panel then explored how companies are responding, including the prioritisation of strategic ESG workstreams, leveraging implementation delays to align global reporting, and adapting to developments around the Carbon Border Adjustment Mechanism (CBAM). Market sentiment was also considered, with a focus on US companies’ ESG shareholder proposals, public company data, and the shifting influence at board level. The session concluded with a discussion on litigation risks, particularly in the US where regulatory enforcement remains a concern.

You can access a recording of the webinar here.

Author

Graham Stuart is a partner in Baker McKenzie's London office specialising in product regulation and environmental, health and safety law.

Author

Eva-Maria is a partner in our Austrian corporate / M&A group and a member of our global sustainability practice. She acts as global lead sustainability partner for our financial institutions industry group, heads Baker McKenzie's capital markets practice in Austria and is a member of our EMEA steering committee for capital markets. Eva-Maria is a dual-qualified lawyer, admitted to practice in Austria and New York. Prior to joining Baker McKenzie's Vienna office in 2008, Eva-Maria worked in the New York, Paris and Frankfurt offices of a well-known US law firm.

Author

Agnieszka Skorupińska is a lawyer and partner at the Warsaw office of Baker McKenzie, where she heads up the Sustainability and Energy Transition team. She has many years of practice as a lawyer and partner in the energy and projects departments of international law firms. Agnieszka brings a wealth of knowledge in advising clients on energy, industrial, and infrastructure projects. Her expertise covers the legal aspects of energy, the environment, natural resources, and ESG. Businesses rely on her support to prepare and implement decarbonization plans, achieve sustainable development goals, and ensure compliance with the European Green Deal, including circular economy requirements.
Agnieszka advises on the regulatory aspects of M&A/PE transactions and greenfield direct investments, focusing on environmentally demanding sectors such as energy, chemicals, construction, food, packaging and waste. Agnieszka also represents clients in administrative and judicial proceedings in these areas. She helps with the comprehensive implementation of regulations related to sustainability reporting.
As vice-chair of the ESG Committee at the National Chamber of Commerce and until recently chair of the Taxonomy Working Group at the Polish Ministry of Development and Technology, Agnieszka Skorupińska is an active participant in shaping sustainable development policy in Poland. She is also a member of a group supporting work on European Sustainability Reporting Standards (ESRS) project for listed and non-listed small and medium-sized enterprises at the EFRAG.
Agnieszka Skorupińska receives regular recognition in international and Polish legal rankings, such as Chambers and Partners (Band 1), The Legal 500 (Rising Star), and Rzeczpospolita (Leader), which attests to her exceptional skills and commitment to supporting her clients.

Author

Jessica Wicha is a member of Baker McKenzie’s Global Environmental Practice Group and is based in Chicago. Jessica advises US and multinational companies on managing the risks and liabilities arising under federal and state environmental, health and safety laws.
Jessica is a past co-chair of Baker McKenzie’s Chicago Associates Committee and currently serves on Baker McKenzie’s Chicago BGreen Committee.

Author

Peter Tomczak serves as Baker McKenzie's Co-Chair, Global Investigations, Compliance and Ethics. He is a member of the Steering Committee of the Firm's Global Dispute Resolution practice, and also serves on the Firm's Global Professional Responsibility and Practice Committee and Cross-Alliance Pricing Committee. Peter previously served as Chair of the Firm's North America Litigation and Government Enforcement Practice Group, and on the Steering Committee of the Firm's Global Industrials, Manufacturing and Transportation Industry Practice Group. Peter joined Baker McKenzie in 2003 after having served as a law clerk for the Delaware Court of Chancery.