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Energy & Sustainability Litigation Updates — August 2022

In June 2022, the Supreme Court issued its decision in West Virginia v. EPA, which held that, under the “major questions doctrine,” the EPA lacked the authority under the Clean Air Act to devise emissions caps based on the...more

As Part of Global Crackdown on Greenwashing, German Prosecutors Raid Asset Manager

The international news media have publicly reported that German law enforcement has raided an asset manager concerning a "whistleblower's allegations that [the asset manager] sold investments as 'greener' or 'more...more

SEC Announces Disclosures and Rules Changes Intended to Combat "Greenwashing"

Today, the SEC issued two complementary press releases announcing certain proposed rules. First, the SEC announced "proposed amendments to enhance and modernize the Investment Company Act 'Names Rule'" that would "extend the...more

Red States Move to Penalize Companies That Consider Climate Change When Making Investments

A number of conservative-leaning states, particularly those with a significant fossil fuel industry (e.g., Texas, West Virginia), have begun implementing polices and enacting laws that penalize companies which "pull away from...more

Vanguard, Inc. Announces Climate Disclosure Expectations for Companies With Significant Coal Exposure

John Galloway, the global head of investment stewardship at Vanguard, Inc.--one of the preeminent index fund managers in the United States--recently announced a set of expected climate-focused disclosures that Vanguard...more

UK Publishes New Climate Disclosure Requirements

The United Kingdom recently published "Greening Finance: A Roadmap to Sustainable Investing." This document reflects and incorporates a number of environmental initiatives, including the principle that "[t]he financial...more

Government Investigation Into Possible Misrepresentations by Deutschebank in Green Investing

The Wall Street Journal has reported on a government investigation into DWS, an entity that is majority-owned by Deutschebank, in connection with potential misrepresentations concerning the ESG investing strategy disclosed by...more

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