Arthur Souza Rodrigues

DROPLETS

AmLaw 100 Legal Intelligence — Distilled
Monday, October 12, 20262 featured5 also noted6 firms2 practice areasgrade 3–5
Quick Scan — Why It Matters
K&L GatesEnvironment / ESG / Climate+ Expand
High Court of Australia 3:2 ruling revives Scope 3 duty in NSW consents

In MACH Energy Australia v Denman Aberdeen Muswellbrook Scone Healthy Environment Group [2026] HCA 35, the High Court of Australia held 3:2 that NSW consent authorities cannot assess resource projects on Scope 1 and 2 emissions alone.

On 7 October 2026 the High Court of Australia dismissed MACH Energy's appeal 3:2 (Gordon J, Edelman and Beech-Jones JJ; Gageler CJ and Jagot J dissenting), holding the NSW Independent Planning Commission's 2022 consent for the Mount Pleasant coal mine extension invalid. Consent authorities cannot satisfy s 4.15 of the Environmental Planning and Assessment Act 1979 (NSW) by addressing only Scope 1 and Scope 2 emissions; they must at least consider whether conditions to minimise all greenhouse gas emissions, including Scope 3, to the greatest extent practicable should be imposed, as clause 2.20(1)(c) of the State Environmental Planning Policy (Resources and Energy) 2021 contemplates. The majority also read "in the locality" as qualifying the enumerated considerations rather than the likely-impacts inquiry, declining to create a separate mandatory climate consideration; that question was left undetermined. The matter remits to the Land and Environment Court of NSW. For energy and mining clients, the operational point is that downstream emissions analysis in environmental impact document

…

Read the full dispatch →
Foley & LardnerSanctions / Export Controls+ Expand
OFAC Tightens Iran and Cuba Rules, Assumes Denial of Iran Licenses

September: mass Iranian aviation designations, suspended general licenses, a presumption of denial for Iran specific licenses, a VTB Bank hit, a new Cuba regime, and penalties rules consolidated into Part 505.

OFAC's September 2026 activity, as summarized in this single-source firm roundup, was unusually broad. On September 8 the agency designated dozens of Iranian passenger and cargo carriers plus aviation-support companies in the UAE, UK, Turkey, Malaysia and Kazakhstan, and indefinitely suspended ITSR general licenses 522, 528 and 529 and GL J-1, leaving a September 23 wind-down under GL DD. On September 10 it announced a presumption of denial for Iran-related specific license applications — a break from prior case-by-case review — alongside a $1,427,230 civil settlement. VTB Bank was designated under EO 13902 on September 14, extending secondary-sanctions exposure to non-U.S. financial institutions, and an Iranian digital-asset platform was hit September 17.

…

Read the full dispatch →
DIG DEEPER
MOST CONSEQUENTIALHigh Court of Australia 3:2 ruling revives Scope 3 duty in NSW consents

In MACH Energy Australia v Denman Aberdeen Muswellbrook Scone Healthy Environment Group [2026] HCA 35, the High Court of Australia held 3:2 that NSW consent authorities cannot assess resource projects on Scope 1 and 2 emissions alone.

On 7 October 2026 the High Court of Australia dismissed MACH Energy's appeal 3:2 (Gordon J, Edelman and Beech-Jones JJ; Gageler CJ and Jagot J dissenting), holding the NSW Independent Planning Commission's 2022 consent for the Mount Pleasant coal mine extension invalid. Consent authorities cannot satisfy s 4.15 of the Environmental Planning and Assessment Act 1979 (NSW) by addressing only Scope 1 and Scope 2 emissions; they must at least consider whether conditions to minimise all greenhouse gas emissions, including Scope 3, to the greatest extent practicable should be imposed, as clause 2.20(1)(c) of the State Environmental Planning Policy (Resources and Energy) 2021 contemplates. The majority also read "in the locality" as qualifying the enumerated considerations rather than the likely-impacts inquiry, declining to create a separate mandatory climate consideration; that question was left undetermined. The matter remits to the Land and Environment Court of NSW. For energy and mining clients, the operational point is that downstream emissions analysis in environmental impact document

…

K&L GatesEnvironment / ESG / Climate
scope-3-emissionsenvironmental-planning-lawhigh-court-of-australianew-south-walesclimate-litigationmining-projects
AR
Today's Curator
Arthur Rodrigues. Corporate Counsel & Corporate Secretary at Teachable, Inc. Founder of Cicero Intelligent Minds. Former BigLaw (O'Melveny, Weil, Hughes Hubbard). JD/LLM Michigan Law. Droplets is a personal project; the views are his own, not Teachable's.
Full Analysis — The Details
01 — ENVIRONMENT / ESG / CLIMATE1
K&L Gates+ Expand
High Court of Australia 3:2 ruling revives Scope 3 duty in NSW consents

In MACH Energy Australia v Denman Aberdeen Muswellbrook Scone Healthy Environment Group [2026] HCA 35, the High Court of Australia held 3:2 that NSW consent authorities cannot assess resource projects on Scope 1 and 2 emissions alone.

On 7 October 2026 the High Court of Australia dismissed MACH Energy's appeal 3:2 (Gordon J, Edelman and Beech-Jones JJ; Gageler CJ and Jagot J dissenting), holding the NSW Independent Planning Commission's 2022 consent for the Mount Pleasant coal mine extension invalid. Consent authorities cannot satisfy s 4.15 of the Environmental Planning and Assessment Act 1979 (NSW) by addressing only Scope 1 and Scope 2 emissions; they must at least consider whether conditions to minimise all greenhouse gas emissions, including Scope 3, to the greatest extent practicable should be imposed, as clause 2.20(1)(c) of the State Environmental Planning Policy (Resources and Energy) 2021 contemplates. The majority also read "in the locality" as qualifying the enumerated considerations rather than the likely-impacts inquiry, declining to create a separate mandatory climate consideration; that question was left undetermined. The matter remits to the Land and Environment Court of NSW. For energy and mining clients, the operational point is that downstream emissions analysis in environmental impact document

…

scope-3-emissionsenvironmental-planning-lawhigh-court-of-australianew-south-walesclimate-litigationmining-projects
Read the full dispatch →
02 — SANCTIONS / EXPORT CONTROLS1
Foley & Lardner+ Expand
OFAC Tightens Iran and Cuba Rules, Assumes Denial of Iran Licenses

September: mass Iranian aviation designations, suspended general licenses, a presumption of denial for Iran specific licenses, a VTB Bank hit, a new Cuba regime, and penalties rules consolidated into Part 505.

OFAC's September 2026 activity, as summarized in this single-source firm roundup, was unusually broad. On September 8 the agency designated dozens of Iranian passenger and cargo carriers plus aviation-support companies in the UAE, UK, Turkey, Malaysia and Kazakhstan, and indefinitely suspended ITSR general licenses 522, 528 and 529 and GL J-1, leaving a September 23 wind-down under GL DD. On September 10 it announced a presumption of denial for Iran-related specific license applications — a break from prior case-by-case review — alongside a $1,427,230 civil settlement. VTB Bank was designated under EO 13902 on September 14, extending secondary-sanctions exposure to non-U.S. financial institutions, and an Iranian digital-asset platform was hit September 17.

…

ofaciran-sanctionscuba-sanctionsvtb-bankgeneral-licensessecondary-sanctionscompliance-screeningsanctions-penalties
Read the full dispatch →
Also noted

Grade 3 — worth a glance, not the full analysis.

Stay ahead

Join the digest.

Each weekday's issue by email, through Substack. Or follow the RSS feed.