News & Analysis as of

Enforcement Actions Environmental Claims

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

Venable LLP

New York Attorney General Says JBS Net Zero Claims Are Greenwashing

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Last week, New York Attorney General Letitia James filed a lawsuit against the world’s largest beef producer JBS USA Food Company and JBS USA Food Company Holdings (JBS Group). The lawsuit challenges the company’s claim that...more

Venable LLP

[Webinar] Going Green? An Update on the Legal and Regulatory Environment Surrounding Environmental Advertising Claims - December...

Venable LLP on

Environmental advertising claims remain a hot area of regulator action, with the Federal Trade Commission in the process of updating the FTC Green Guides. State legislatures like California’s also remain active in the area,...more

Foley & Lardner LLP

FTC Requests Public Comment on Potential Updates to “Green Guides” for the Use of Environmental Marketing Claims

Foley & Lardner LLP on

On December 14, 2022, the Federal Trade Commission (FTC) announced that it is seeking public comment on a variety of potential updates to its “Green Guides." First issued in 1992, the FTC’s Green Guides provide direction and...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

Vinson & Elkins LLP

Is Your Green Marketing Deceptive? Look To The FTC Green Guides To Limit The Risk Of An FTC Enforcement Action

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In the mid-2000s, businesses unleashed “a virtual tsunami of environmental marketing,” responding to increased consumer demand for products and services perceived to be environmentally friendly, or “green.”1 This consumer...more

McGlinchey Stafford

DOJ to Stop “Piling On” and “Overfiling” Under Clean Water Act

McGlinchey Stafford on

Is federalism alive and well? Has the federal government decided to give up “piling on” and “overfiling” in environmental enforcement actions? It seems so. On July 27, 2020, in an effort to promote federalism, U.S. Department...more

Foley Hoag LLP - Environmental Law

Coming Soon To a Massachusetts Facility Near You: More Citizen Enforcement?

Earlier this week, the Massachusetts Executive Office of Environmental Affairs went live with two new web sites intended to increase the public availability of information concerning regulated entities in Massachusetts. The...more

WilmerHale

FTC Workshop Examines Competition and Consumer Protection Issues in Rooftop Solar Industry

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On June 21, 2016, the Federal Trade Commission (FTC) held a workshop to examine competition and consumer protection issues in the rooftop solar industry—also known as solar “distributed generation.” Beyond exploring a wide...more

Beveridge & Diamond PC

FTC Backs Off Green Guides Biodegradability Standard

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On October 20, 2015, the U.S. Federal Trade Commission (FTC) issued an opinion and order holding that ECM BioFilms, Inc., a manufacturer of plastic additives, had made false or misleading claims about the biodegradability of...more

Bergeson & Campbell, P.C.

FTC’s Recent Enforcement Cases for Misleading Recycled Content Claims

The Federal Trade Commission (FTC) has stepped-up its enforcement initiatives and recently settled two cases with companies that market plastic lumber and related products. FTC alleged that these companies misled consumers in...more

Foley Hoag LLP - Environmental Law

The States Lose Another NSR (and NSPS) Enforcement Case: I Think I Detect A Trend

As I have previously noted, the government’s record in NSR enforcement cases has been going downhill, particularly with important defeats before the 3rd and 7th Circuits’ Courts of Appeals. The latest governmental defeat...more

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