Major European Bank Withdraws From Fossil Fuel Financing

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Mintz
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Mintz is a general practice, full-service Am Law 100 law firm with more than 600 attorneys. We are headquartered in Boston and have additional US offices in Los Angeles, Miami, New York City, San Diego, San Francisco, and Washington, DC, as well as an office in Toronto, Canada.
This week, "BNP Paribas SA, the European Union's biggest bank" stated that it "is no longer participating in conventional bond issuance for" "oil and gas producers."
United States Energy and Natural Resources
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This week, "BNP Paribas SA, the European Union's biggest bank" stated that it "is no longer participating in conventional bond issuance for" "oil and gas producers." In essence, BNP Paribas has announced that it will cease financing the fossil fuel industry. This development has been attributed to "stricter ESG regulations in Europe as well as a lawsuit brought by climate activists." Notably, even though BNP Paribas is withdrawing from the fossil fuel industry, it has become "the biggest underwriter of green bonds globally" and a major player in sustainable finance, indicating a shift in accordance with the energy transition from fossil fuels to sustainable energy.

This action by BNP Paribas serves as an illustration of one of the greatest fears of the fossil fuel industry (and of the state governments supporting them)--that climate regulations could be designed and implemented in such a fashion so as to effectively starve the fossil fuel industry of access to capital, even when those enacting such regulations disclaim any such intent. While BNP Paribas is hardly a major player in this sector, its decision here may amplify those fears and cause additional pushback from fossil fuel interests, and sympathetic governments.

Still, it should also be noted that this development further demonstrates the ongoing divergence between the European Union and the United States with respect to climate regulation, as the EU has been imposing significantly more stringent requirements than the United States. Indeed, as reported by Bloomberg, "US banks are actively stepping in to take over contracts abandoned by European banks." So the immediate impact of BNP Paribas' decision will likely be quite limited, as the fossil fuel industry currently has a plethora of other financing options.

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BNP Paribas SA, the European Union's biggest bank, has effectively ceased underwriting bonds for oil and gas producers, representing one of the most dramatic crackdowns on fossil fuels among the world's major financial firms. BNP is no longer participating in conventional bond issuance for the sector, according to clarifications provided by the bank in connection with its annual general meeting []. The lender, which hasn't formulated an official policy on the matter, told Bloomberg separately that the practice currently applies to all upstream activities. BNP has gradually been limiting oil and gas clients' access to financing as the bank contends with ever stricter ESG regulations in Europe as well as a lawsuit brought by climate activists last year.... BNP has continued to step up its presence in sustainable finance, and is now the biggest underwriter of green bonds globally....

https://news.bloomberglaw.com/product/blaw/bloomberglawnews/exp/eyJpZCI6IjA

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Major European Bank Withdraws From Fossil Fuel Financing

United States Energy and Natural Resources
Contributor
Mintz is a general practice, full-service Am Law 100 law firm with more than 600 attorneys. We are headquartered in Boston and have additional US offices in Los Angeles, Miami, New York City, San Diego, San Francisco, and Washington, DC, as well as an office in Toronto, Canada.
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