News & Analysis as of

Environmental Litigation Greenwashing

Morgan Lewis

Litigation Risks Under the DC Consumer Protection Procedures Act: Defense Strategies and Mitigation

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In recent years, public interest organizations have increasingly turned to the District of Columbia’s Consumer Protection Procedures Act (CPPA) to bring legal challenges against companies over their public environmental and...more

Morrison & Foerster LLP

Climate and Carbon Litigation Trends

Litigation involving climate-related claims and initiatives remains a source of exposure for companies across all sectors. As the Trump administration reshuffles federal priorities, we expect that consumer litigation and...more

Latham & Watkins LLP

Latest Developments in Fight Over California’s Climate Disclosure Laws

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A preliminary injunction motion is set for May, the judge issued a scheduling order, and CARB announced a public workshop to kick off a rulemaking to implement the laws....more

Beveridge & Diamond PC

Litigation Targeting Plastics Manufacturers

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As we continue to see a rise in litigation related to plastic pollution, plastic manufacturers must remain prepared and should carefully follow the different kinds of claims to see which ones are ultimately more successful....more

Pillsbury - Gravel2Gavel Construction & Real...

States and Municipalities Advance Climate Change Lawsuits as Trump Administration Seeks to Block Them

Even as the Trump administration moves to block state and local climate liability efforts, states and municipalities continue to advance lawsuits seeking to hold fossil fuel companies liable for harms associated with climate...more

ArentFox Schiff

ESG Litigation Update: Environmental NGOs and Local Governments Target ‘Climate Deception’

ArentFox Schiff on

In recent years, environmental nongovernmental organizations (NGOs) and local governments have increasingly sued gas, oil, and energy companies, challenging their historic messaging on climate change, plastic recycling, and...more

ArentFox Schiff

Three Takeaways From $745 Million Louisiana Verdict Against Chevron for Coastal Wetland Damage

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Public companies can face significant liability based on past operations. While most industrial companies have long-term experience evaluating potential remediation obligations imposed by laws such as the federal...more

Clark Hill PLC

Clark Hill 2025 Commercial Real Estate Outlook: ESG & Sustainability

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In 2025, the commercial real estate (CRE) industry will continue to navigate a new landscape influenced by ever-evolving ESG (Environmental, Social, and Governance) and sustainability trends. In particular, with regulatory...more

Jones Day

New York Courts Shut Down Consumer Protection Claims Regarding Greenwashing

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The amount of climate-related litigation has tripled in the past decade and includes greenwashing claims against some of the largest fossil fuel companies in the world. New York state and its localities have brought some of...more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — March 2025

The Trump administration’s SEC has begun the process of undoing the mandatory climate disclosure rule promulgated by the SEC under the Biden administration. Specifically, the SEC has now asked the Eighth Circuit — where the...more

ArentFox Schiff

Going Green? Lessons From Lululemon’s Defense of a ‘Greenwashing’ Class Action

ArentFox Schiff on

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

Shipman & Goodwin LLP

A Legal Look at 2025 and Beyond for Food and Beverage

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The food and beverage industry is in the midst of a dynamic and challenging time, marked by more regulatory scrutiny, evolving consumer awareness, and unrelenting litigation. Three key trends could potentially drive...more

Mintz

Greenwashing Lawsuit Against Lululemon Dismissed by Federal Court

Mintz on

On February 18, 2025, Judge Bloom (S.D. Fla.) dismissed a lawsuit against Lululemon, the athleisure company, that centered upon allegations of greenwashing. Specifically, the plaintiffs here had contended “that Lululemon...more

Cozen O'Connor

Minnesota’s Win Turns Up the Heat in Climate Change Litigation

Cozen O'Connor on

Minnesota AG Keith Ellison has obtained an order denying in large part motions to dismiss filed by defendants ExxonMobil Corp., the American Petroleum Institute, Koch Industries, Inc., Flint Hills Resources LP, and Flint...more

Morgan Lewis

PFAS and Microplastics Litigation: The Latest Front of ESG Lawsuits

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A growing awareness of perfluoroalkyl and polyfluoroalkyl substances (PFAS) and the pervasiveness of microplastics have led to an uptick in litigation by private plaintiffs, nongovernmental organizations, and state attorneys...more

Venable LLP

Lawsuit Alleging Greenwashing Filed against Procter & Gamble for Charmin Toilet Paper

Venable LLP on

Last month, a putative class action was filed against Procter & Gamble challenging various green advertising claims for its Charmin toilet paper. The complaint brought a variety of state law claims targeting P&G’s...more

Fenwick & West LLP

U.S. Supreme Court Allows Honolulu's Lawsuit Against Oil and Gas Companies to Proceed in State Court

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On Monday, the U.S. Supreme Court announced that it will not hear an appeal from certain major oil and gas companies to dismiss a lawsuit by the city of Honolulu seeking to hold the companies responsible for the impacts of...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates — December 2024

The SEC continues its focus on greenwashing, despite the recent disbandment of the SEC’s Climate & ESG Task Force.Notably, in the past month, the SEC Department of Examinations has issued a risk alert focused on greenwashing,...more

Ropes & Gray LLP

[Webinar] Navigating ESG: The Impact of the 2024 Election - November 7th, 11:30 am - 12:30 pm ET

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Please join us for a first look at the potential implications for ESG in the aftermath of next week’s federal and state elections. Our panel of senior Ropes & Gray ESG partners will provide their take on a range of...more

Jenner & Block

Client Alert: The Proliferation of Plastics Litigation and Insurance Coverage

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Concerns surrounding plastic, particularly microplastics and synthetic microfiber, pollution are growing. As federal and state governments continue to focus on this issue, lawsuits seeking to hold companies accountable for...more

Jenner & Block

Can You Go Green Without Being Accused Of Greenwashing?

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On Earth Day and every day, companies face increasing pressure to “go green” or be more “sustainable.” When companies heed this call—whether it’s by reducing GHG emissions, investing in renewable energy, or making their...more

A&O Shearman

Decarbonisation disputes: the evolving frontier of climate-related risk

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The Net Zero transition will not be smooth. The scale of the investment required and the appetite and ability of countries to implement new policy – both now and in the years to come – will cause unprecedented disruption and...more

Greenberg Glusker LLP

What is Greenwashing?

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In a recent webinar, "Greenwashing and its Dirty Consequences," I spoke about what greenwashing is, some examples, types of claims, and referencing the Federal Trade Commission's Green Guides for guidance....more

Mintz - Energy & Sustainability Viewpoints

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

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