News & Analysis as of

Environmental Social & Governance (ESG) Environmental Litigation

ArentFox Schiff

Resilience Planning Is Key to Corporate Sustainability

ArentFox Schiff on

This year, the environmental agenda has focused on “deregulation” to promote industrial competitiveness, as well as a sharpened focus on energy generation and transmission to support economic growth. While deregulation may...more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — September 2025

On August 1, 2025, a federal district court judge rejected the attempt by three major asset managers to dismiss an antitrust complaint filed by a coalition of 11 Republican state attorneys general (and subsequently receiving...more

Procopio, Cory, Hargreaves & Savitch LLP

California’s Unique Greenhouse Gas Emissions Laws Remain in Effect—For Now

Relief is not immediately in sight for companies subject to key California greenhouse gas emission laws. A federal court in California recently denied a motion for a preliminary injunction to pause compliance with SB-253,...more

Hogan Lovells

International Court of Justice Advisory Opinion on the Obligations of States in respect of Climate Change: what it may mean for...

Hogan Lovells on

In a landmark advisory opinion dated 23 July 2025, the International Court of Justice (“ICJ”) has unanimously found that States are legally bound to protect the environment from greenhouse gas emissions (“Opinion”). We...more

Fenwick & West LLP

SEC Climate Rule Saga Continues

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The Securities and Exchange Commission’s (SEC) controversial climate disclosure rules have been essentially dead since last March, when the SEC voted to end its defense of the rules. ...more

Clark Hill PLC

Clark Hill 2025 Commercial Real Estate Outlook: ESG & Sustainability

Clark Hill PLC on

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

Morgan Lewis on

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

Ropes & Gray LLP on

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

ArentFox Schiff on

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

Jones Day on

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

A&O Shearman on

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?

Greenberg Glusker LLP on

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

ArentFox Schiff on

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

K&L Gates LLP on

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

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