News & Analysis as of

Environmental Social & Governance (ESG) Environmental Litigation

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

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

Morrison & Foerster LLP

MoForecast: Navigating State AG Environmental Enforcement Trends for 2025

As we continue into 2025, state attorneys general (AGs) will play a pivotal role in shaping environmental policy and enforcement. With anticipated resistance to environmental regulation rollbacks and a continued focus on...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

Cozen O'Connor

The State AG Report – 01.09.2025

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Maryland’s Lawsuit Adds to Growing Wave of PFAS Litigation...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

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates – August 2024

Regulatory Updates - Governor Newsom (D-CA) recently proposed a two-year delay to California’s sweeping new mandatory climate disclosures, which apply to all large companies—public or private—doing business in California....more

ArentFox Schiff

ESG Update: Hawaii State Agency Settles Youth Climate Case

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Governments are increasingly discussing climate change, including resilience to climate impacts and how to promote the energy transition. Less common are governmental commitments to take concrete steps to address climate...more

Jones Day

Biodiversity Net Gain: A New Requirement for Developments in England to Positively Impact the Environment

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The Situation: On January 17, 2024, mandatory biodiversity net gain ("BNG") regulations took effect, impacting most new developments in England. ...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates — February 2024

Recently, a pair of bills were proposed in the New Hampshire state legislature that would make it a felony to knowingly invest state or taxpayer funds based upon ESG criteria in violation of fiduciary duty. Specifically, the...more

(ACOEL) | American College of Environmental...

What’s All the Chatter About? Does the Supreme Court’s Harvard Opinion Really Endanger Environmental Justice Priorities?

As so many of my professional circles eagerly awaited the Supreme Court’s decision in Students for Fair Admissions v. Harvard (the Harvard Decision), they wondered what it might mean for the Biden administration’s...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

ArentFox Schiff

ESG Litigation Update: Climate- and Carbon-Focused Litigation

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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

K&L Gates LLP

Litigation Minute: New Year's (Dispute) Resolutions - A Look Ahead at Litigation Trends in 2023

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WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - As we enter into 2023, our team is focused on our own list of resolutions. Like traditional goals for the new year, our priorities revolve around well-being, productivity, and...more

A&O Shearman

U.K. Court Gives the Green Light to Mass Environmental Claim

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In a significant development for environmental litigation in the U.K., the English Court of Appeal has allowed a £5 billion damages claim brought by around 200,000 Brazilian individuals and other persons to proceed against...more

Foley Hoag LLP - State AG Insights

Losses Continue to Mount For ExxonMobil in its Fight to Prevent State Attorney General Climate Investigations

On March 15, 2020, the Second Circuit rejected an appeal brought by ExxonMobil attempting to block investigations by the New York and Massachusetts Attorneys General into historical claims made by Exxon regarding climate...more

Hogan Lovells

German Constitutional Court rejects complaints against federal states' climate protection laws

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In its decision of 18 January 2022, the German Federal Constitutional Court rejected several constitutional complaints against climate protection laws on the federal state level. Further to its seminal 2021 Climate...more

BCLP

Claims for overseas environmental harm and human rights infringements proceed in England against UK parent companies

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Last month, the UK Supreme Court overturned the judgment of the Court of Appeal and allowed a claim for damages from claimants in the Niger Delta to proceed against Royal Dutch Shell plc and its local subsidiary Shell...more

Foley Hoag LLP - Global Business and Human...

New E.U. Measure on Environmental and Human Rights Due Diligence Has Far-Reaching Implications for Companies Operating in Europe...

On March 10, 2021, the European Parliament approved a legislative measure by an overwhelming 504-79 majority that paves the way for a landmark set of regulations setting a corporate duty of care regarding environmental...more

White & Case LLP

Delivering value and managing risks: how human rights are relevant for business

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Mounting pressure on businesses to gain clarity on their social and environmental footprint will challenge corporate operations in 2019. New risks are present but there are also opportunities for companies willing actively to...more

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