DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
The Canadian Competition Bureau (Bureau) recently released the final version of its guidance titled Environmental claims and the Competition Act (Guidelines). The Guidelines follow draft guidance, released in December 2024,...more
In natural resource damage assessment (NRDA) cases, the discount rate used to convert effects across different time periods to present value equivalents is a critical parameter. This rate directly influences both the scale of...more
The Administrative Board of the Courts is seeking public comment on a proposal by the Commercial Division Advisory Council to amend the Commercial Division rules (22 NYCRR § 202.70) to clarify what types of insurance cases...more
Nearly one year after Canada amended the Competition Act to establish standards for assessing environmental claims (see B&D’s Client Alert), Competition Bureau Canada published final guidelines that outline its general...more
On June 5, 2025, the Competition Bureau (the Bureau) published its final Guidelines for environmental claims under the Competition Act (the Act). The Guidelines were created to help businesses and the public understand the...more
In a decision underscoring the complexity and risks of making environmental marketing claims, the National Advertising Division (NAD) issued a decision in a challenge brought by the International Bottled Water Association...more
Recently, the Canadian Competition Bureau published updated guidelines concerning its approach to environmental claims following last year's amendments to Canadian law that specifically targeted greenwashing. These...more
The International Bottled Water Association (or “IBWA”) challenged over 50 express and implied claims by Boxed Water is Better (or “BWIB”), suggesting that boxed water is better for the environment. Yesterday, we looked at...more
Often, climate change lawsuits allege claims under constitutional provisions, human rights laws, or environmental statutes and regulations. Lawsuits filed in separate countries by Energy Transfer ("ET") and Greenpeace...more
On June 5, 2025, the Competition Bureau (Bureau) released its highly anticipated final guidance on the new environmental claims provisions, also known as greenwashing, under the Competition Act (Act) (Guidelines)....more
The United States and the European Union have legal tools to remedy damages to the environment. However, neither the U.S. nor the EU approaches explicitly address injuries and damages caused by armed conflict....more
On May 28, 2025, the Higher Regional Court in Hamm, Germany, sided with the defendant energy company in a landmark climate change litigation case brought by a Peruvian farmer. The farmer wanted the energy company to pay (in...more
Eco-friendly labels, such as “green”, “eco-friendly, and “sustainable,” can be a powerful marketing tools, especially as the demand for environmentally friendly products continues to rise. While these labels are a great way...more
Singapore shows leadership in a diverse APAC market where the race is on to strengthen transparency in environmental claims and combat greenwashing....more
As advertising and marketing strategies in the automotive sector continue to evolve in response to advancing technology and changing consumer expectations, advertisers are encountering new questions—accompanied by...more
On March 28, 2025, the D.C. Circuit denied a joint petition for review brought by Healthy Gulf and Sierra Club (together, “Petitioners”) challenging FERC’s grant of a certificate of public convenience and necessity (CPCN) to...more
A Peruvian farmer's climate action lawsuit against a German energy company was continued recently before the Higher Regional Court in Hamm, Germany....more
On January 7, 2025, the U.S. Court of Appeals for the D.C. Circuit issued a decision—Citizens Action Coalition of Indiana, Inc. v. Federal Energy Regulatory Commission, 125 F.4th 229 (2025) ("Citizens Action")—affirming...more
Throughout 2024, young Americans from states like Oregon, California, and Hawaii turned to litigation, arguing that court intervention is necessary to protect them from climate change. The young plaintiffs spearheading these...more
The National Advertising Division (“NAD”) resolved a beef between makers of competing meat stick products, Link Snacks Inc. and We Are The Chompions, LLC (“Chomps”). Link Snacks challenged Chomps’ non-specific carbon neutral...more
For the last several years, consumer class actions targeting “greenwashing” have become increasingly common. In 2024, Lululemon Athletica Inc. and Lululemon USA Inc. were on the receiving end of such a lawsuit, but they...more
While ensuring accurate environmental claims is a laudable goal, unclear standards risk deterring businesses from informing the public of their efforts to achieve environmental goals. Ultimately, if businesses are deterred...more
Earlier this month, a group of eight consumers filed a class action against Procter & Gamble (“P&G”), alleging that the company is engaging in greenwashing by misleading consumers into thinking that its Charmin toilet paper...more
Environmental claims are a powerful tool for companies to demonstrate their commitment to sustainability and connect with values-driven consumers. However, these claims are facing increased legal scrutiny, as governments and...more
A recent article by Integral economists Ted Tomasi, Will Cooper, and Dave Anning, published in the December 2024 issue of The Environmental Claims Journal, undertakes a comprehensive examination of the process of discounting...more