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Voluntary Carbon Markets: A New Area of Enforcement
Wednesday, October 23, 2024
Go-To Guide:
  • Despite their potential to serve a game-changing role in the future of carbon finance, voluntary carbon markets have operated largely under the government’s radar until recently.
     
  • Mounting supply- and demand-side criticism has invited increased scrutiny of the voluntary carbon markets.
     
  • Utilizing familiar tools, government agencies have tightened their grip on the voluntary carbon markets, signaling interest in sustained action and oversight to promote transparency, integrity, and standardization.
     
  • In addition to articulating its jurisdiction over the voluntary carbon markets, the CFTC recently issued its “Final Guidance Regarding the Listing of Voluntary Carbon Credit Derivative Contracts.”
     
  • Recent first-of-their-kind DOJ/CFTC/SEC enforcement actions against CQC Impact Investors LLC (C-Quest), and several former C-Quest executives, signal increased regulatory scrutiny of carbon markets.
     
  • Industry participants should review their own compliance practices, and where necessary, consider the potential benefits of self-disclosure, cooperation, and remediation.

The voluntary carbon markets have expanded rapidly recently, capturing the attention of entrepreneurs, corporate entities, and investors. Today, however, like many burgeoning markets, the voluntary carbon markets are susceptible to instability – and crime – in the absence of sufficient infrastructure, transparency, and standardized operating procedures.

As the voluntary carbon markets develop, government agencies have recognized these issues and have taken steps to hold the industry accountable. This GT Alert reviews those steps, including recent enforcement actions, and provides considerations for industry participants who may be concerned about future enforcement in this developing market.
 

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