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Energy & Sustainability Litigation Updates — June 2024

On April 22, 2024, the federal government issued a rule “amending the Federal Acquisition Regulation (FAR)” to “implement a requirement for agencies to procure sustainable products and services to the maximum extent...more

European Central Bank to Impose Fines on Banks for Failure to Address Climate Change

It has been reported that the European Central Bank will be imposing fines on as many as four lenders due to “not meeting deadlines set by the ECB for assessing their exposure to climate risks.” Specifically, ECB regulations...more

Republican AGs Seek Intervention of U.S. Supreme Court to Block Climate Change Lawsuits filed by Blue States Against Fossil Fuel...

A coalition of Republican state attorneys-general representing nineteen states (Alabama, Alaska, Florida, Georgia, Idaho, Iowa, Kansas, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South...more

Treasury Department and Other Federal Agencies Issue Statement of Principles Concerning Carbon Credits

Today, the Treasury Department and other federal agencies (including the Agriculture Department and Energy Department) issued a joint statement identifying seven principles that should be applied in the voluntary carbon...more

Federal Judge Certifies Class Objecting to ESG Investments by Retirement Fund

On May 22, 2024, Judge O'Connor (N.D. Tex.) ordered that the plaintiffs claiming that investment managers breached their fiduciary duty due to their ESG-focused investing be certified as a class for purposes of the...more

House Democrats Initiate Probe of Anti-ESG Investment Guidelines Issued by Conservative States

On Monday, May 21, 2024, Congressman Nadler (D-NY) and Congressman Correa (D-CA), the ranking Democratic members on the House Judiciary Committee and relevant subcommittee, sent a letter to the Attorney General and Chief...more

Michigan AG Announces Intent to Pursue Climate Change Tort Litigation Against the Fossil Fuel Industry

Last week, the Attorney General of Michigan announced that her office “will begin seeking proposals from attorneys and law firms . . . to pursue litigation related to the climate change impacts caused by the fossil fuel...more

UK Announces Delay to Mandatory Climate Disclosures (Until After Next General Election)

The UK government, having originally announced that it would decide whether to impose mandatory climate disclosures on companies by July 2024, has now postponed that decision until the first quarter of 2025....more

Understanding ESG Ratings: Legal Insights & Perspectives

With environmental, social, and governance (ESG) principles garnering increased attention in corporate circles in recent years, there has been an accompanying rise in demand for analytical products that evaluate companies’...more

Major European Bank Withdraws From Fossil Fuel Financing

This week, “BNP Paribas SA, the European Union's biggest bank” stated that it “is no longer participating in conventional bond issuance for” “oil and gas producers.”  In essence, BNP Paribas has announced that it will cease...more

Florida Adopts Laws Erecting Roadblocks to the Climate Transition

This week, Governor DeSantis of Florida signed into law certain legislation that expressly seeks to minimize ongoing efforts to combat climate change, and indeed erects various roadblocks to actions designed to promote...more

Fifth Circuit Upholds (For Now) SEC Rules Concerning ESG Proxy Votes

On May 10, 2024, the Fifth Circuit rejected an attempt by the States of Texas, Louisiana, West Virginia, and Utah to invalidate an SEC rule “requiring funds to disclose their votes on environmental, social, and governance...more

Democratic Lawmakers Urge SEC Action on Greenwashing

On May 13, 2024, a group of 21 Democratic Congressmen--4 Senators and 16 Representatives, as well as the D.C. Delegate--submitted a letter to SEC Chairman Gensler, urging him “to finalize an anti-greenwashing rule you...more

Federal Contractors Now Required to Use Sustainable Products & Services

On April 22, 2024, the federal government issued a rule “amending the Federal Acquisition Regulation (FAR)” to “implement a requirement for agencies to procure sustainable products and services to the maximum extent...more

Oklahoma Judge Temporarily Blocks Law Penalizing Companies Engaged in Fossil Fuel Boycott

Earlier this week, a state court judge in Oklahoma issued a temporary restraining order that blocks--for now--enforcement of an Oklahoma law that deprives companies deemed to boycott the fossil fuel industry of the ability to...more

Oklahoma Treasurer Bans Additional Bank From State Business Due to ESG Policy

The Oklahoma State Treasurer added yet another bank to its blacklist of companies that are barred from doing business with the State of Oklahoma due to a “boycott [of] the oil-and-gas industry.” According to a 2022 law,...more

Significant Rise in Global Climate Litigation

As recently reported by Columbia Law School's Sabin Center for Climate Change Law, “the number of climate-related cases filed globally each year has increased from a handful in the early 2000s to a few hundred annually since...more

Eighth Circuit Allows Democratic State Attorneys-General to Intervene in Support of the SEC's Climate Disclosure Rule

Earlier this week, the Eighth Circuit issued an order enabling 19 Democratic Attorneys-General--representing the District of Columbia and eighteen states (AZ, CO, CT, DE, HA, IL, MD, MA, MI, MN, NV, NM, NY, OR, RI, VT, WA,...more

Ninth Circuit Orders Dismissal of Constitutional Climate Litigation Case

Yesterday, the Ninth Circuit issued an order dismissing the Juliana litigation. In this case, the plaintiffs had asserted that the government had knowingly violated their due process rights by encouraging and permitting the...more

Second Circuit Upholds Summary Judgment for Defendants Against Allegations That "All Natural" Label Was Misleading

Yesterday, the Second Circuit upheld the district court's award of summary judgment in favor of the defendant concerning certain class actions claims that “the phrase ‘All Natural’ that appeared on the labels of [Defendant's]...more

EU Regulators Announce Greenwashing Investigation of 20 Airlines

The European Commission and EU consumer authorities have sent letters to 20 airlines “identifying several types of potentially misleading green claims,” focusing on “claims made by airlines that the CO2 emissions caused by a...more

Energy & Sustainability Litigation Updates — May 2024

On March 6, 2024, the SEC issued its long-awaited climate disclosure rule, which mandates the disclosure of climate-related risks and Scope 1 and Scope 2 greenhouse gas emissions, among other things. The rule was immediately...more

UK Financial Regulator Confirms Plan to Combat Greenwashing

Last week, the United Kingdom's Financial Conduct Authority issued guidance on its proposed anti-greenwashing rule, which will come into effect at the end of May 2024. (Greenwashing is when a product, service, or firm is...more

EU Imposes ESG Compliance Requirements for Companies' Supply Chains

The European Parliament has now approved the “Corporate Sustainability Due Diligence Directive,” which will apply to both EU companies and to non-EU companies doing business in the European Union. (There is a phased...more

NY AG Launches Greenwashing Lawsuit Against Beef Producer

Recently, the New York Attorney General filed a lawsuit against the American subsidiaries of JBS Group, the Brazilian-based beef producer, asserting that JBS had “violat[ed] New York's consumer protection statutes” through...more

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