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Environmental Policies Environmental Claims

Davies Ward Phillips & Vineberg LLP

Canadian Competition Bureau Releases Final Guidance on Environmental Claims

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 The Guidelines follow draft guidance, released in December 2024,...more

Wenning Environmental

Applying the US Natural Resource Damage Assessment Framework to Post-Conflict Damage Assessment

Wenning Environmental on

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

Jones Day

German Energy Company Succeeds in Landmark Climate Change Litigation Case

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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

Troutman Pepper Locke

D.C. Circuit Denies Healthy Gulf’s and Sierra Club’s Petition for Review of FERC Order Authorizing Construction and Operation of...

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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

Jones Day

Montana Supreme Court Holds State Constitution Includes Protections Against Climate Change

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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

Kilpatrick

Beef Between Meat Stick Manufacturers Leads to Withdrawn Environmental Benefit Claims, Substantiated Sourcing Claims

Kilpatrick on

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

ArentFox Schiff

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

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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

Davies Ward Phillips & Vineberg LLP

Consultation on Proposed Guidelines on Environmental Claims and the Competition Act

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

Integral Consulting Inc.

Rethinking Discount Rates in Natural Resource Damage Assessment: A Framework for More Accurate Valuation

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

Katten Muchin Rosenman LLP

What Will the New FTC Do With the Green Guides?

The incoming administration will change the Federal Trade Commission leadership. Chair Lina Khan, whose term has expired, is leaving, making way for a new majority of three Republican Commissioners. Andrew Ferguson will...more

Stikeman Elliott LLP

Competition Bureau Releases Proposed Guidelines on Environmental Claims: Key Updates for Businesses

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The Competition Bureau has released proposed guidelines for environmental claims following the recent greenwashing amendments to the Competition Act. The draft guidelines outline the Bureau's interpretation and enforcement...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

Jones Day

Australian Corporate Regulators Continue to Target Environmental Claims and Greenwashing in Enforcement Activities

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ESG-related enforcement remains a top priority and focus for Australia's corporate regulators. Since our last update, there has been a steady stream of enforcement activity aimed at climate-related representations and...more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - September 2024

In this week’s edition, we discuss the UK’s advertising regulator’s continued focus on greenwashing enforcement – this time, in relation to Virgin Atlantic and its use of sustainable aviation fuel. We also discuss the latest...more

(ACOEL) | American College of Environmental...

Should Environmentalists Welcome Declining Birthrates?

The annual release of projections for how long the Social Security trust funds will be able to pay the amounts earned by beneficiaries shows that the gap has grown between what retirees are scheduled to receive and what...more

White & Case LLP

Proposed Australian Environmental Law Reforms

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The Australian Federal Minister for the Environment and Water has tabled proposed laws before the Australian Parliament to establish new national environmental agencies, enhance their enforcement powers and establish the...more

Jones Day

The UK Competition and Markets Authority Takes Action Against Allegedly Misleading Environmental Claims

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The Situation: The UK Competition and Markets Authority ("CMA") recently secured undertakings from fashion brands ASOS, Boohoo, and George at Asda to address allegedly misleading environmental claims. The CMA has also...more

Jones Day

Climate Litigation in Australia Remains Active

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Australia continues to be a highly active jurisdiction for climate-related lawsuits. Since our last update in August 2023, we have seen a steady stream of suits commenced against corporations and government bodies in relation...more

Cadwalader, Wickersham & Taft LLP

Italian citizens Sue Oil Supermajor To Compel Accelerated Emissions Reductions

On May 9, 2023, Greenpeace, fellow climate change activist group ReCommon and 12 Italian citizens from regions affected by impacts of climate change announced their intention to file a first-of-its-kind lawsuit in Italy...more

Cadwalader, Wickersham & Taft LLP

UK’s Advertising Regulator Publishes Rules on Making Carbon Neutral and Net-Zero Claims

On February 10, the UK’s advertising regulator, the Advertising Standards Authority (ASA), announced the publication of updated guidance for advertisers making environmental sustainability-related claims to consumers,...more

Stikeman Elliott LLP

Limitation Periods and the Environmental Protection and Enhancement Act

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The Alberta Court of Queen’s Bench (the “Court”) has added to the relatively sparse case law on whether an extension to a limitation period will be granted under section 218 of the Environmental Protection and Enhancement...more

Integral Consulting Inc.

Considering Environmental Justice in Natural Resource Damage Assessment - Injury to Recreation Resources

Abstract - Determining the amount of restoration needed to compensate the public for injury to natural resources is central to estimating natural resource damages (NRDs). Formal restoration scaling methods have not...more

Pillsbury Winthrop Shaw Pittman LLP

An Updated Look at Civil Liability and Litigation Risks Associated with Climate Change

Climate change litigation has become a global phenomenon, as scientists, agencies, and the general public increasingly associate wildfires, droughts, flooding, hurricanes, heat waves and other events with changing climate. ...more

Troutman Pepper Locke

State Laws Provide New Pathways for Environmental Justice Claims

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Environmental justice moved to the forefront of sociopolitical discussions in the country in 2020, receiving increased attention from politicians, community groups, and environmental agencies. Although this concept is not...more

Jones Day

Australian Court Rules Environmental Regulator is Duty Bound to Develop Climate Change Policies

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The Facts  In April 2020, a climate action group called Bushfire Survivors for Climate Action Incorporated ("BSCA") filed civil enforcement proceedings against the EPA in the NSW Land and Environment Court....more

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