Authors
Brianne Paulin
Building on the rapid growth of the carbon markets in 2022, expansion is expected to continue this year—not only in transaction volume, but also in the types of available carbon products in both the voluntary and compliance markets. Amid this growth, concerns persist regarding the integrity of certain carbon products, and as products proliferate and the market matures, participants in the carbon markets have a host of risks and considerations to keep in mind.
The voluntary and compliance carbon markets continue their fast ascent. In 2021, the voluntary carbon market (VCM) reached a value of US$2 billion, which was about four times its value in 20201. Although global geopolitical and economic events slowed the pace of growth somewhat in 2022, the VCM will continue to grow in value, with one estimate suggesting a US$17 billion market by 20272.
In the compliance markets, the average price of carbon jumped much higher in 2022 compared to 2021 due to increasing carbon prices in the EU Emissions Trading System, Western Climate Initiative and other regulatory programs around the world. One estimate pegged the total value of the compliance markets at US$933 billion in 2022 compared to US$821 billion in 2021—a 14% increase3.
Along with rising value of these markets, we are seeing more compliance markets and VCMs enter the ecosystem. In the last 12 months in North America alone, a number of new compliance markets have been implemented, expanded or proposed (see notable examples below).
The growth of the carbon markets has kept the spotlight on the quality of the credits traded. In some cases, this has led to the invalidation of credits in compliance markets. For example, the California Air Resources Board recently invalidated 13,040 offset credits originally issued under its Compliance Offset Protocol for Livestock Projects4. The Climate Action Reserve also cancelled 1,027 offset credits in March 2022 from the 2021 vintage due to an error in the emission reduction calculations that was identified during a regulatory review by the California Air Resources Board5.
More generally, criticisms continue to be levied against the quality of credits. A recent study published in the journal Ecological Applications suggested that California’s improved forest management protocol overestimated the amount of sequestered carbon, leading to significant over-crediting at several project sites6. Allegations of system over-crediting have persisted in the market for several years7.
These criticisms are frequently levied against voluntary carbon market standards, especially given the pace at which the VCM has grown. Organizations, like the Integrity Council for the Voluntary Carbon Market (which was borne of the Taskforce on Scaling Voluntary Carbon Markets), are attempting to address these quality concerns as a prerequisite to mass scaling and standardization of quality markets8. On March 30, the Integrity Council published its core carbon principles (which outline the key attributes for high quality credits) and an assessment framework for determining which VCM programs will receive the Integrity Council’s approval9. Although these efforts have received some pushback10, Verra and the Gold Standard have welcomed the core carbon principles as establishing an important baseline for credit integrity.
More broadly, critics of the use of carbon credits are increasingly lodging greenwashing allegations against the companies that retire them, even where those credits have been validly issued and verified under well-recognized offset standards. Some of this criticism has focused on the additionality of carbon offsets, calling into question companies’ ability to support emissions reduction or net-zero claims based on their retirement of carbon offsets. For example, Greenpeace Canada submitted a formal complaint to the Competition Bureau in November 2021 alleging that Shell Canada’s Drive Carbon Neutral program violates the Competition Act by making materially false advertisements. In particular, Greenpeace Canada called into question the quality of the offset credits used by Shell Canada to offset the climate impacts of the fossil fuel products purchased by Shell Canada customers. Greenpeace Canada alleged that the underlying forest-based projects generating the offsets had shortcomings including issues of impermanence due to increased forest fires, pests and logging and a lack of additionality given that the lands in question were protected prior to implementation of the project11.
Other greenwashing allegations focus on potentially adverse impacts associated with offset projects. For example, an analysis published by The Guardian not only questioned the legitimacy of the emission reductions associated with the credits issued by Verra but also highlighted human rights concerns with the Alto Mayo flagship project registered with Verra (as well as with an underlying project)12. According to the analysis, the project has allegedly caused forced evictions of local residents and tension between residents and park authorities in the region13 14.
These criticisms create risk for purchasers of carbon credits that use or plan to use these credits to help them achieve voluntary net zero or other emission reduction commitments. They put those achievements into question even if the retired credits were validly issued.
In response to these concerns, organizations, such as the Oxford Principles for Net Zero Aligned Carbon Offsetting, have recommended a shift to long-term carbon removal offsetting to meet net-zero goals, and even then, only after the organization has prioritized its own emissions reductions15. The Oxford Principles also recommend organizations transparently disclose the types of offsets they employ.
The International Sustainability Standards Board (ISSB) proposal for climate-related disclosures picks up on this recommendation16. Released in March 2022, the ISSB proposal aims to create a global baseline for climate-related disclosure standards. As drafted, it recommends extensive disclosure on a reporting entity’s use of carbon offsets, including information on how they are used in achieving emission reduction targets and the nature of the offsets (e.g., whether offsets are achieved through carbon removal or avoidance, whether any removal is nature- or technology-based), whether the offsets are subject to third-party verification and, if so, under what scheme or program.
The ISSB is working toward issuing final standards at the end of Q2 2023, with the first sustainability-related disclosures to be reported in 2025 in respect of annual reporting periods beginning on or after January 1, 2024. Although the UK government has confirmed its intention to adopt climate-related reporting standards in alignment with the final ISSB standards, Canadian and U.S. securities regulators have not made similar announcements to date, although the CSA and SEC’s proposals for climate-related disclosures are still under development (see our article “Climate change reporting: are you ready?” for more). And in Canada, OSFI has said it will consider updates to its final Climate Risk Management Guideline B-15 following the publication of the final ISSB standards17.
The EU has also issued a Proposal for a Directive of Green Claims that would require companies making carbon neutrality claims to disclose, as applicable, certain information about where they purchased carbon credits, whether those credits are removal or abatement credits and what methodologies were used to verify the integrity of those credits.
Given these trends, participants in the carbon markets—whether credit developers, compliance entities or market participants—should consider the following:
To discuss these issues, please contact the author(s).
This publication is a general discussion of certain legal and related developments and should not be relied upon as legal advice. If you require legal advice, we would be pleased to discuss the issues in this publication with you, in the context of your particular circumstances.
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