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How the ICJ Climate Change Advisory Opinion Raises Global Legal and Compliance Risks for Multinational Corporations

The climate debate has whipsawed in recent years. Businesses frequently have been caught in the middle, with stakeholders including government regulators, activist investors, consumers, non-governmental organizations, and...more

Heated Efforts to Decarbonize Cities Continue After Berkeley Settlement

Regulators at all levels are seeking to advance climate-change related policies. Of late, municipalities have increasingly sought to “decarbonize” buildings and related infrastructure through changes to building codes and...more

ESG Update: Greenwashing Litigation Filed over Airline’s Carbon Neutrality Claims

A group of Delta Air Lines’ customers filed a class action suit alleging that the airline’s marketing claims of carbon neutrality are false and misleading. While this may be the first greenwashing case filed against a major...more

ESG Litigation Update: Climate- and Carbon-Focused Litigation

The past few years have seen “ESG” — referring to environmental, social, and governance factors that influence decision making — move from being a fringe shareholder proxy issue to a front-of-mind C-suite issue....more

Fifth Circuit Permits Biden Administration to Resume Use of Social Cost of Carbon Measure

The Fifth Circuit has permitted the Biden Administration to resume using its preferred metric for calculating the “social cost of carbon.” This metric is a key part of the Biden Administration’s efforts to address climate...more

Court Cites “Major Questions” Doctrine when Striking Down Biden “Social Cost of Carbon” Efforts

The “major questions" doctrine provides that for “major policy question[s] of great economic or political importance, Congress must either: (i) expressly and specifically decide the major policy question itself and delegate...more

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