Aurora refiles its climate case as an association after Sweden’s Supreme Court said the earlier claim was not brought by an association and could not be equated with KlimaSeniorinnen.
Aurora refiles its climate case as an association after Sweden’s Supreme Court said the earlier claim was not brought by an association and could not be equated with KlimaSeniorinnen.
A federal judge held Missouri failed to identify even a single Starbucks employee or job applicant in the state who was harmed by the company’s diversity policies – leaving the attorney general without standing to sue.
Alan Roberts, partner at A&L Goodbody, who acted for Coolglass, told Forward Law Review the decision confirms that planning authorities are legally bound to align their decisions with national climate objectives.
Judge rules Senate Bill 13 violates the First and Fourteenth Amendments, and permanently blocks Texas from enforcing its fossil fuel divestment and procurement blacklist.
District judge finds Department of Energy taskforce provided policy advice in secret, weakening the rational basis of the EPA’s proposed repeal of the endangerment finding.
Even as ESG regulation is rolled back, transparency, supply-chain integrity and disciplined board decision-making remain central to resilience, trust and long-term profitability, writes Ingo Theusinger, partner and head of ESG at Noerr, Dusseldorf.
The Dutch court’s application of KlimaSeniorinnen marks a shift towards deeper judicial scrutiny of climate targets, implementation and unequal protection within states – with analysis from Harro van Asselt, professor of climate law, Cambridge University, Valérie van 't Lam, co-chair of ESG & Sustainability at Stibbe, Amsterdam, and Ali al Khatib, senior associate.
The scale of PFAS-related costs is sharpening debate over who should pay for Europe’s chemical legacy, as a new European Commission study lands amid renewed calls for producer liability from NGOs.
Governments and public sector bodies will, for the first time, have a dedicated global standard for reporting climate-related risks and opportunities, following the launch of IPSASB SRS 1 by the International Public Sector Accounting Standards Board.
The UK’s financial services regulator is proposing to replace its existing TCFD-aligned rules with a new framework based on UK Sustainability Reporting Standards, reflecting the global shift towards ISSB reporting and a phased, proportionate implementation for listed issuers.
The forthcoming EU Circular Economy Act is expected to play a central role in strengthening the bloc’s economic resilience and reducing its reliance on imported raw materials, according to a briefing published by the European Parliamentary Research Service.
The District Court of The Hague has ruled that the Netherlands is failing to adequately protect the Dutch citizens of the island of Bonaire from the impacts of climate change – with analysis from Marit Bosselaar, partner at Loyens & Loeff, Amsterdam, and Sjoerd Pennink, associate.
A legal complaint filed with the UK’s competition authority alleges that promotional claims made by Scotland Gas Networks about hydrogen home heating risk misleading consumers.
The NGO has said it will not pursue further legal action against the UK government over its revised climate strategy, arguing that earlier court challenges have already forced ministers to strengthen their approach to decarbonisation.
The state of Michigan has filed a federal antitrust lawsuit against BP, Chevron, Exxon Mobil, Shell and the American Petroleum Institute alleging that they unlawfully conspired for decades to suppress competition from renewable energy and maintain dominance in energy markets.
A federal judge has dismissed the US Department of Justice’s pre-emptive lawsuit seeking to stop the state of Michigan from bringing climate-related claims against fossil fuel companies – finding the dispute was too speculative to support federal jurisdiction.
The Hong Kong Monetary Authority has published ‘Phase 2A’ of the Hong Kong Taxonomy for Sustainable Finance, broadening sectoral coverage and adding transition and climate adaptation elements.
A UK parliamentary debate this week will examine concerns that environmental, social and governance requirements may be restricting access to finance for defence companies, amid growing government emphasis on private investment to support national security.
Rising geopolitical risk is forcing investors, companies and regulators to confront how security fits within ESG frameworks that were built for a very different global environment. Is it time to consider adding another S - security - to ESG?
The UK competition agency says that businesses may be deemed to be making an environmental claim not only through marketing or packaging, but also by repeating claims made by others in the supply chain – or by omitting information.
Former senior US officials – including John Podesta and Jennifer Granholm – and other interested parties have filed a series of amicus briefs urging the Ninth Circuit to revive a youth-led constitutional challenge to President Donald Trump’s fossil fuel executive orders.
The EU’s Sustainable Finance Disclosure Regulation has had little impact on redirecting investment flows or improving portfolio sustainability, according to a new study published by the National Bureau of Economic Research.
Environmental groups have filed an amicus brief in support of California’s clean car and truck standards, as the state and a coalition of others challenge the Trump administration’s attempt to revoke long-standing emissions waivers under the Clean Air Act.
EU law does not prevent member states from requiring individuals requesting access to environmental information to provide their name and postal address, says the ECJ – provided such requirements comply with core principles of EU law.
Climate litigation continued to grow worldwide in 2025, with more than 3,400 cases now tracked globally, according to a new report from the Sabin Center for Climate Change Law – even as the pace of new filings slowed compared with recent years.
A group of environmental law NGOs led by Opportunity Green has made a submission to the House of Commons Environmental Audit Committee, arguing that rapidly rising electricity demand from the sector risks undermining statutory climate targets.
The European Securities and Markets Authority has published a second thematic note on sustainability-related claims, extending its supervisory guidance beyond ESG credentials to the way ESG strategies are described and communicated to investors.
The landmark UN agreement creates the first binding global framework for protecting marine biodiversity in international waters – including powers to establish marine protected areas beyond national jurisdiction.
Alexander Ehrle advises on export controls, sanctions, foreign investment screening and supply chain-related sustainability regulation, with a focus on EU-regulated, cross-border compliance.
The paper, part of the ECB Working Paper Series, examines transaction-level data from the European repo market between 2019 and 2022 and finds that banks with higher exposure to carbon-intensive borrowers consistently pay more for short-term funding.
The challenge is no longer whether sustainability matters – it’s how to uncover it beneath the European Union’s multitude of requirements, writes Sebastian Gräler, partner at Hogan Lovells, Dusseldorf.
DC-based Lynd advises on the intersection of ESG and customs law, with a focus on supply chain due diligence, forced labour compliance and cross-border trade regulation.
Outlook 2026: Contributors examine how evolving EU and national energy frameworks, electrification strategies and security-of-supply priorities are shaping the next phase of renewables deployment and decarbonisation across Europe and Canada.
Forced labour and exploitation claims brought by former migrant workers against Dyson will proceed to a full trial in the UK, after the High Court ruled that the case should be heard on the merits and ordered extensive disclosure from the company.
The US District Court for the District of Columbia has ruled that the Trump administration violated the Fifth Amendment’s equal protection guarantee by cancelling millions of dollars in clean energy grants based largely on the political identity of the states in which recipients were located.
Outlook 2026: Contributors examine how grid constraints, rising electricity demand from AI and digitalisation, and divergent regulatory and market approaches are reshaping investment, infrastructure and policy priorities in the global energy transition.
Follow This and 23 institutional investors have filed shareholder resolutions at Shell and BP calling for disclosure on how the companies plan to create shareholder value under scenarios of falling oil and gas demand.
The California Air Resources Board has published preliminary draft regulations setting out how it intends to update and extend the state’s flagship market-based climate programme and its mandatory greenhouse gas reporting regime.
Outlook 2026: Contributors examine how litigation, regulatory divergence, NGO action and evolving trade dynamics are reshaping business and human rights obligations worldwide in 2026.
The US District Court for the District of Columbia has granted a preliminary injunction allowing construction on the Revolution Wind offshore wind project to restart, following a stop work order issued in December.
A group of 22 young Americans has asked the US Court of Appeals for the Ninth Circuit to revive a constitutional challenge to President Donald Trump’s 2025 fossil fuel executive orders, seeking to overturn a lower court ruling that dismissed their case on procedural grounds.
Outlook for 2026: contributors examine how recalibrated EU frameworks, product-based regulations and forced labour bans are reshaping corporate accountability, governance and investment decisions across global supply chains.
Counsel James Ford specialises in the ‘S’ in ESG, advising companies on human rights due diligence, modern slavery obligations and supply chain governance.
A rule that would repeal the US Environmental Protection Agency’s 2009 endangerment finding and end federal regulation of greenhouse gas emissions from vehicles has moved a step closer to finalisation, after being sent to the White House for review.
Outlook 2026: Silke Goldberg, partner and global head of ESG at Herbert Smith Freehills Kramer, argues that rising geopolitical risk is forcing a rethink of ESG frameworks, with defence and security increasingly integral to long-term sustainability and societal resilience.
Outlook 2026: from human rights accountability in Japan to fragmented disclosure regimes in Europe, public-interest ownership models and expanding board responsibilities in Canada, corporate governance expectations are diverging but intensifying worldwide.
The climate standard closely follows the structure of the ISSB’s IFRS S2, aligning China’s disclosure framework with international climate reporting practices without formally adopting international standards.
The Cantonal Court of Zug has ruled that a climate case brought by four Indonesian fishers against Holcim is admissible, clearing the way for a substantive hearing on the claims.
Outlook 2026: Leading practitioners explore how accountability for climate commitments, risk resilience, whistleblowing and nature-related issues will redefine board oversight and decision-making in the US and UK.
Forward 40 nominee Meaghan Colligan Hembree has joined DLA Piper as a partner in Washington, DC, and will serve as environmental lead for the firm’s environmental and natural disasters task force.
The United States has withdrawn from the Intergovernmental Panel on Climate Change, the United Nations Framework Convention on Climate Change and 64 further international organisations – an act the Union of Concerned Scientists has called “a new low”.
Outlook 2026: As regulators sharpen enforcement powers and NGOs deploy increasingly sophisticated strategies, companies face rising exposure across green claims, human rights, fraud and emerging technologies.
Environmental, social and governance issues are set to play a growing role in European activist investing, with campaigns expected to become more public and more prescriptive, according to a new report from Skadden.
Outlook 2026: In part two of our focus on regulation, leading practitioners assess how recalibration, rather than retreat, will shape ESG risk across Europe, the UK and beyond in 2026.
Over 450 plaintiffs have filed Japan’s first lawsuit seeking state compensation for alleged failures in climate policy, arguing the government’s inadequate measures violate human rights and international obligations.
The European Commission has revised its approach to vehicle emissions, allowing petrol and diesel cars to continue to be sold beyond 2035 under a new framework that replaces a full zero-emission requirement with a 90% emissions reduction target.
California attorney general Rob Bonta, a coalition of 17 attorneys general and the state of Pennsylvania have filed a lawsuit against the Trump administration for suspending funding for electric vehicle charging infrastructure programmes.
A coalition of civil society organisations has asked the European Parliament to investigate allegations that Jörgen Warborn breached its code of conduct by acting as both a lobby group president and a legislative rapporteur in the same policy area.
The European Parliament has approved a provisional political agreement with EU member states to significantly narrow the scope of the EU’s corporate sustainability reporting and due diligence regime, marking a key step in the bloc’s Omnibus I simplification agenda.
Florida’s attorney general James Uthmeier says “using DEI as an excuse to hire, promote, or humiliate an employee based on race violates Florida's civil rights law” – as he files a lawsuit against Starbucks with the Tenth Judicial Court.
A group of former federal employees has filed a class action lawsuit alleging they were unlawfully dismissed under executive orders targeting diversity, equity and inclusion and accessibility programmes across the US government.
This year marked a turning point for sustainability regulation, with bold legislative ambitions being recalibrated under economic and political pressure. But what does this mean for companies and what will they need to focus on going into 2026, asks Emma Bichet, partner-elect at Cooley, and Jack Eastwood, associate.
The executive order names the world’s two biggest proxy advisory firms – both involved in a dispute with the state of Texas and being investigated by the state of Florida – and accuses them of promoting “radical politically-motivated” DEI and ESG agendas.
The International Sustainability Standards Board has finalised targeted amendments to its climate-related disclosure standard to address feedback from in-scope companies.
More than 100 Filipinos hit by super typhoon Odette are seeking compensation from Shell in a UK case under Philippines law. Shell says the claim is baseless.
The European Commission has unveiled proposals to amend or roll back a range of environmental reporting and permitting requirements, framing the changes as a cost-saving exercise while seeking to preserve environmental outcomes across key sectors.
The European Court of Human Rights held that the claimants – who were suing the Austrian government for refusing to ban the sale of fossil fuels – did not have sufficient standing to bring the lawsuit.
Climate transition plans are a key tool in translating companies’ broad climate goals into tangible actions – and being transparent on your transition planning process can help your company to mitigate the risk of greenwashing claims, writes Jill Shaw, ESG and sustainability lead at A&L Goodbody, Dublin.
A federal judge has struck down the Trump administration’s directive halting federal approvals for wind energy projects, ruling in favour of a multistate coalition led by New York Attorney General Letitia James.
A provisional political agreement reached between the European Parliament and EU member states commits the bloc to reduce net greenhouse gas emissions by 90% by 2040 compared with 1990 levels – with up to 5% supplied by carbon credits.
The ruling confirms the government’s approach to airport development policy, finding no legal error in its approval of plans to enlarge London Luton Airport – and dismissing the plaintiffs’ claims that GHG emissions were not properly considered in the decision.
The council and parliament have reached a provisional deal to narrow the scope of the CSRD and CSDDD, delay deadlines and simplify reporting and due diligence obligations.
The environmental NGO has filed a complaint against Europe’s largest steel producer, claiming it is in breach of OECD guidelines on responsible business by failing to adequately address its climate impact – while the company says its decarbonisation efforts have faced unexpected challenges.
A coalition of advocacy organisations has filed a lawsuit challenging a rule by the US Environmental Protection Agency that delays methane pollution controls for the oil and gas industry – giving operators more time to comply with standards that “have been in place for more than a year”.
The European Parliament and Council have reached a provisional political agreement to postpone the application of the EU Deforestation Regulation (EUDR) by one year and introduce targeted simplification measures intended to ease implementation for companies and national authorities.
A lawsuit by Notre Affaires à Tous is targeting the French state over its climate obligations – arguing it should reduce GHGs by 55% as part of an equitable approach to sharing the responsibility for climate change mitigation.
The Bank of England has published a policy update – Supervisory Statement SS4/25 – aimed at strengthening how banks and insurers assess and manage climate‑related risks.
The Advertising Standards Authority has upheld complaints against Lacoste, Nike and Superdry for making environmental claims in Google advertisements that could not be substantiated – saying that a high level of qualification is essential.
ESG specialist and Forward 40 nominee Emma Bichet will be promoted to partner at Cooley from 1 January 2026, as part of the firm’s latest global round of partner elections.
Ten young people – supported by Our Children’s Trust and including many of the same plaintiffs as Natalie R v State of Utah – have launched a lawsuit against the Utah Board of Oil, Gas and Mining.
The appeals court of England and Wales has dismissed a challenge to 28 offshore oil and gas exploration licences by ocean conservation NGO Oceana – but it said that environmental effects must be assessed at every stage of the permitting procedure.
The Amsterdam-based ESG disputes specialist – and Forward 40 nominee – spoke to Forward Law Review about her promotion and the growth of ESG litigation in the Dutch courts.
Recent reforms to fraud and corporate liability law in the UK mean environmental and other ESG failures now carry significantly higher criminal risk for companies. Analysis by Tom McNeill, partner at BCL Solicitors in London.
The European Ombudswoman has concluded that the European Commission committed maladministration when it rushed through its Omnibus I legislative package – saying a “better balance” needs to be found between agility and transparency.
The Canadian government and the Government of Alberta have signed a memorandum of understanding aimed at improving the energy sector’s efficiency – but the proposed plans to ‘make Canada an energy superpower’, including a new pipeline, have divided opinion.
Fifty-two European legal academics have sent a letter to EU institutions, warning that attempts to weaken or remove Climate Transition Plan requirements under Article 22 of CSDDD will undermine legal certainty, create policy incoherence and increase litigation risk.
The Pabai Pabai plaintiffs have filed an appeal with the Federal Court of Australia seeking to overturn a July decision that rejected their climate duty-of-care claim against the Commonwealth of Australia.
Homeowners in Washington have filed a class action lawsuit against several major oil and gas companies and their industry association, alleging that their actions led to extreme weather events and rising home insurance costs.
A new legal briefing from Opportunity Green outlines how the European Commission could extend the EU Emissions Trading System to cover departing international flights.
The European Parliament has voted in favour of a package of simplification measures for the EU Deforestation Regulation, giving companies a one-year postponement for compliance and reducing due-diligence obligations for certain operators.
As Canada’s Teck Resources eyes a US$53 billion tie-up with rival miner Anglo-American, Teck’s former general counsel and chief sustainability officer Charlene Ripley talks to Forward Law Review about her career so far – and the evolution of her understanding of corporate sustainability.
The government has responded to parliamentary calls for tougher action on forced labour, but its plans stop short of major legislative reform. Analysis from Richard Reichman, partner, and Christina Josephides, senior associate, at BCL Solicitors in London.
Delegates at COP30 in Belém, Brazil approved the Belém Package, a suite of 29 decisions on adaptation, finance, technology transfer and just transition. The package was adopted by 195 parties after delays caused by disagreements over aspects of the text.
The state of Florida has filed a lawsuit against ISS and Glass Lewis, alleging that they have used their influence and market share to impose an ideological agenda on American companies and Florida retirees – echoing claims made by Texas AG Ken Paxton in a separate investigation of the two proxy advisory firms.
The European Commission has published proposed amendments to the Sustainable Finance Disclosure Regulation – finally giving clarity to the financial industry on sustainable investing, says Heike Schmitz, partner and co-head of ESG EMEA at Herbert Smith Freehills Kramer in Germany.
Environmental groups have filed a lawsuit against the US administration over a planned offshore oil and gas lease sale arising from the One Big Beautiful Bill – claiming that its actions violate NEPA.
The US Court of Appeals for the Ninth Circuit has granted a temporary injunction on California’s SB 261, blocking enforcement of the state’s climate-risk disclosure law while the court considers the appeal.
Ukraine has published the first full estimate of climate and environmental costs from Russia’s invasion, setting out a compensation figure based on quantified war-related greenhouse gas emissions.
The multinational US food company has settled a lawsuit with the Environmental Working Group, agreeing to stop marketing its beef as “climate-smart” and to drop its net-zero emissions pledge for five years unless verified – following allegations that its claims lacked scientific support.
Borgarting Court of Appeal nullifies three North Sea oil approvals for failing to assess downstream emissions, following the EFTA Court’s advisory opinion, in a case brought by Greenpeace Nordic and Nature and Youth Norway.
A 25-state coalition led by Iowa attorney general Brenna Bird has filed an amicus brief in the US Supreme Court arguing that California's new climate laws impose extraterritorial compliance costs and violate first amendment protections.
As the electrotech revolution gathers pace, market forces, consumer choices and grid upgrades will shape whether the UK turns technological promise into real progress, writes Lewis McDonald, partner and co-head of the global energy practice at Herbert Smith Freehills Kramer.
BHP is found liable under Brazilian law for the Fundão dam collapse in a ruling that clarifies parent company responsibility, confirms the claims are in time until at least 2029, and sets out the next steps in the largest ESG-related group action ever brought in England.
The European Commission publishes transition pathways to guide company climate plans – just as parliament moves to delete CSDDD transition plan duties, putting greater weight on CSRD reporting.
The Danish Energy Appeals Board has upheld a Greenpeace complaint and revoked approval for Ineos’s Hejre oil field, ruling that the project’s environmental impact assessment failed to account for downstream emissions – echoing an EFTA Court advisory opinion on similar Norwegian oil projects.
The European Parliament has approved a centre-right-backed position on the EU’s Omnibus I simplification package, proposing sharper rollbacks to corporate sustainability reporting and due diligence duties than the commission initially tabled.
Canada’s 2025 Budget proposes easing greenwashing compliance by repealing key 2024 Competition Act provisions and restoring the Competition Bureau’s gatekeeper role for challenging environmental claims, writes Beth Riley, partner at McMillan in Calgary.
The EU Council has endorsed a further one-year postponement and simplification of the Deforestation Regulation, retaining most of the European Commission’s proposals but replacing staggered application dates with a single December 2026 start for all companies.
A legal study by the European Central Bank warns that recent climate-related human rights rulings – including KlimaSeniorinnen v Switzerland – may heighten litigation and transition risks for financial institutions, and urges EU policymakers to integrate stronger climate safeguards into law and supervision.
Shell argues that imposing a company-specific emissions reduction duty would breach EU law and overstep judicial powers, as the Dutch Supreme Court considers Milieudefensie’s appeal in the landmark climate case.
As ESG faces its toughest backlash in 15 years, all businesses in every jurisdiction are under pressure to prove that sustainability in fact delivers returns. Analysis by Ruth Knox, chair of the ESG & sustainable finance practice at Paul Hastings in London.
Twenty-one airlines have agreed to modify their terminology around sustainability claims following an investigation by the EU Consumer Protection Cooperation Network – but Constantin Eikel, partner at Bird & Bird, says this will provide the industry with much more certainty than other sectors.
The California Air Resources Board will hold a virtual public workshop on 18 November – presenting proposed updates to definitions and exemptions under SB 253 and SB 261.
A leaked version of the EU’s revised Sustainable Finance Disclosure Regulation introduces new sustainability product categories and eases reporting burdens – a move described by Heike Schmitz, partner and co-head of ESG EMEA at Herbert Smith Freehills Kramer in Germany, as a “turning point” for sustainable finance in Europe.
A new lawsuit against Ineos’s €4 billion plastics facility under construction in Antwerp claims a permit granted for the site was based on a flawed environmental impact assessment – but Ineos says the plaintiffs have chosen “legal obstruction rather than open dialogue”.
New York attorney general Letitia James has announced a US$1.1 million settlement with JBS USA over claims that the JBS Group would reach net zero by 2040 – “despite having no plan to actually achieve it.”
The European Council’s agreement includes the use of carbon credits and carbon removal to cut net greenhouse gas emissions by 90 per cent from 1990 levels.
Justice Humphreys of Ireland’s High Court has proposed ‘three essential steps’ for assessing projects that create emissions – whilst awaiting the Supreme Court judgment in Coolglass.
Danish renewable energy group Ørsted will sell a 50 per cent equity stake in its 2.9 GW Hornsea 3 offshore wind farm to asset management firm Apollo. Linklaters and Slaughter and May advised on the deal.
A series of recent legal, regulatory and financial reforms aim to enhance transparency and align Kenya with global climate frameworks, writes Christina Nduba-Banja, partner at Bowmans in Nairobi.
Amsterdam-based partners Ate van IJlzinga Veenstra and Quirine Eenhorst led the team that advised Climate Fund Managers on the fundraising for Climate Investor Two, which has become the largest climate adaptation infrastructure fund in emerging markets.
China’s Ecological Environmental Damage Compensation Regime is transforming the country’s response to ecological harm – and companies operating within the country must recognise environmental management as a fundamental business imperative, write partners Anthony Crockett and Weina Ye.
Environmental advocacy group Mighty Earth has announced it is suing JBS USA – the American subsidiary of JBS SA, a Brazilian multinational food company and the world’s largest meat processor – over net-zero claims it says the company has “neither the intention nor the capability of fulfilling.”
Farmers from Pakistan – supported by the European Center for Constitutional and Human Rights – have sent letters of claim to energy company RWE and cement manufacturer Heidelberg Materials, seeking compensation for climate-related damage.
A federal judge rejected claims of consumer deception made against food manufacturer Mondelēz, ruling that its ‘climate neutral certified’ label on Zbar energy bars accurately reflected certification by the Change Climate Project.
The European Court of Human Rights held unanimously that there was no violation of Article 8 of the ECHR when the Norwegian government granted new licences for oil and gas drilling – but affirmed that an EIA is essential to the decision-making procedure.
Canada’s largest pension fund manager is being sued by four young people – supported by Ecojustice and Goldblatt Partners – who allege that their benefits are at risk of mismanagement because CPP continues to invest in fossil fuel expansion “as the rest of the world pivots to climate solutions”.
As smart dams become more common in hydropower projects, the need for comprehensive contracts grows, given the complex and multi-jurisdictional nature of water and energy regulation. By partner Mark Macaulay and associate Alec Cameron at Dentons in London.
The oil and gas company has followed the US Chamber of Commerce in launching a lawsuit against the California Air Resources Board which leverages the First Amendment – arguing that California laws SB 253 and SB 261 will compel and regulate its speech.
Boutique litigation firm Hausfeld has sent the oil and gas company a letter before action notifying it of intended UK legal proceedings on behalf of almost 70 Filipino claimants – who allege that its actions contributed to Typhoon Odette in 2021.
The decision in Greenpeace Nordic v Norway will be handed down on 28 October by the ECtHR – the court will decide on whether a government’s decision to expand its oil and gas production violates human rights.
Environmental groups have brought a lawsuit against the US Environmental Protection Agency over President Trump’s proclamation exempting chemical manufacturing plants from monitoring and controlling emissions of hazardous air pollutants for two years.
In a secret vote, Members of the European Parliament voted to reject the mandate for simplified sustainability and due diligence rules supplied by the Committee on Legal Affairs.
The International Maritime Organisation failed to approve its plans to curb shipping emissions – as “delay tactics, confusion-spreading and intimidation” in negotiations led to a deadlock. Featuring insights from Blánaid Sheeran, policy officer at Opportunity Green.
The European Commission says that a simplified IT reporting procedure will ensure the Regulation on Deforestation-free Products enters into application on schedule for medium and large businesses – with small enterprises following in December 2026 and further reductions in reporting for companies downstream of value chains.
The EU has published an amended regulation simplifying the Carbon Border Adjustment Mechanism – including an exemption threshold of 50 tonnes for certain CBAM goods.
The UK’s Advertising Standards Authority says that a Red Tractor television advert misled the public over environmental claims – but the farm food certifier says it made no environmental claims and that the decision is ‘fundamentally flawed’.
The Federal Reserve Board, the Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation have announced that they are withdrawing the ‘Principles for Climate-Related Financial Risk Management’.
SEC chair Paul Atkins says he wants to “de-politicize shareholder meetings and return their focus to voting on director elections and significant corporate matters” – by focusing on whether Rule 14a-8 gives shareholder proposals the right to be heard.
“Energy supplies are being weaponised while our climate rapidly changes,” says the European Commission as it lays out a global climate and energy vision to boost EU clean tech businesses and inject political momentum into the green transition.
As CARB publishes its GHG emissions reporting template, Abbey Raish, partner at Kirkland & Ellis in Los Angeles, talks to Forward Law Review about California’s forthcoming disclosure requirements.
The court applied the reasoning in Juliana v United States, arguing that although the plaintiffs’ case was ‘compelling’, the case for redress must be made politically, not through the courts – but left the door open for an appeal.
Separate lawsuits launched in Texas and Rhode Island argue that US$7 billion in cancelled EPA funding for solar energy must be disbursed – because the One Big Beautiful Bill only terminated ‘unobligated balances’ rather than funds which had already been committed.
Spanning 15 countries and five continents, the Forward 40 highlights outstanding lawyers working at partner and counsel level who are shaping the future of legal practice in this fast-changing field.
Over 100 members of Congress have filed an amicus brief in the Boulder County climate case in a bid to block what they call “the courtroom war against the American energy industry.”
“Poland's failure to submit its national strategy highlights the urgent necessity for all Member States to ensure coordinated and ambitious action and avoid any delay in the collective progress towards 2030 objectives,” the European Commission says.
The European Parliament is set to confirm its Omnibus negotiating position, with reductions in compliance burden and scope expected. Large global companies will still have work to do, however, particularly when it comes to vetting their supply chains, Lucy Blake at Jenner & Block tells Forward Law Review.
A recent dispute between two US-based makers of competing earplugs demonstrates that companies may be open to greenwashing actions from their competitors. Gonzalo Mon, partner at Kelley Drye, and Katie Rogers, special counsel, take a deep dive into Moldex-Metric v Protective Industrial Products.
Eight residents from the Caribbean island of Bonaire – a Dutch special municipality – claim the Netherlands is legally obliged to take tougher actions to protect its inhabitants from climate change, citing Urgenda and the first Torres Strait Islanders case.
Pabai Pabai was the first Australian case to consider whether the state owes the Torres Strait Islanders a duty of care – but Australian courts have not been receptive to applicants using the law of negligence to try to influence climate policy, writes Amy Carseldine, special counsel at Clayton Utz in Brisbane.
A group of companies that includes Mars, Nestlé and Ferrero has written to Commissioner Jessika Roswall over the proposed delay to the EU’s Deforestation Regulation, arguing that environmental and human rights responsibilities are important for the bloc’s long-term competitiveness.
The Competition and Consumer Commission of Singapore has published a guide to help businesses make green claims relating to their products in the wake of recent enforcement actions.
The Australian financial services regulator has brought its fourth greenwashing civil penalty action, alleging that Fiducian Investment Management Services engaged in misleading conduct regarding its ESG fund.
Judge finds no evidence of pecuniary loss in Spence v American Airlines – a class action dispute over ESG proxy voting in US pension funds – but enjoins the airline from any future ESG-related shareholder proposals.
Citing the judgment in Held v Montana, two conservation groups have filed a lawsuit against the state’s environmental assessment in ongoing litigation concerning the Yellowstone County Generating Station methane plant.
Under Spain’s new rules, more entities will be required to report on climate change financial risks, calculate their carbon footprint and publish an emissions reduction plan, write Elisabeth de Nadal, head of sustainability, business and human rights at Cuatrecasas in Barcelona, and associate Joaquín Lozano.
Fifteen former plaintiffs from the historic Juliana case have petitioned the Inter-American Commission on Human Rights, alleging that the US government’s policy on fossil fuels has perpetuated climate destruction and blocked their access to judicial remedy.
The California Air Resources Board has published a preliminary list of 4,160 companies that are in-scope of either SB253 or SB261 – its emissions and climate-related financial risk disclosure rules.
Parliament is considering a bill that would make UK company directors legally accountable for the environmental impact of their decisions. The direction of travel is clear, writes Robert Allen, head of ESG at Simmons & Simmons in London.
Forty-seven US senators have written to the US Environmental Protection Agency to challenge its proposal to rescind the 2009 finding that greenhouse gases endanger public health.
The country unveiled its NDC of 7-10% at the UN’s 2025 climate summit in New York, prompting disappointment in some quarters – but Greenpeace says Beijing tends to set targets that it can confidently deliver or exceed.
The European Commission is considering a further one-year delay to the Deforestation Regulation – blaming IT systems and disruption to businesses whilst denying a link to recent criticism from the US.
The US District Court for the District of Columbia has granted Revolution Wind a preliminary injunction against the US government’s stop work order – which halted construction of an offshore wind farm in federal waters and cited national security and environmental protection concerns.
Attorney General Ken Paxton claims the two proxy advisory companies have misled institutional investors and public companies over voting recommendations – after a court handed down a preliminary injunction temporarily blocking Texas’s anti-ESG law.
Switzerland downplays the report from the European human rights body – whilst Greenpeace argues the country has yet to credibly implement the central requirement of the landmark ruling requiring a CO2 budget compatible with a 1.5°C limit.
In response to escalating climate risks, Spain has introduced binding emissions reporting obligations and outlined a €32 billion Climate Emergency Pact. Together, these measures signal a decisive shift from policy to enforceable regulation, say Herbert Smith Freehills Kramer partner and EMEA co-head of ESG, Iria Calviño, and senior associate Leonie Timmers.
ClientEarth has announced it is suing the commission for “illegally changing its transparency rules to prevent the public from accessing crucial documents for their health and the environment.”
The activist NGO says it has filed a lawsuit against the food conglomerate over alleged misleading claims made by its Polish bottled water brand Nałęczowianka.
Youth plaintiffs argue in Lighthiser v Trump that the president’s executive orders actively expanding fossil fuel production violate their constitutional right to life and liberty – in a two-day hearing in the Montana district court.
The Ontario Securities Commission has filed an application for enforcement proceedings against asset manager Purpose Investments and its CEO Som Seif for allegedly misleading ESG-related sales communications.
Lee Zeldin, EPA administrator, says the move will save American businesses up to US$2.4 billion in regulatory costs while maintaining the agency’s statutory obligations under the Clean Air Act.
In response to an inquiry carried out by the European Ombudsman into the procedures behind the Omnibus Simplification Package, the European Commission says that the Better Regulation Guidelines are an “internal toolkit” and not a set of legally binding requirements.
“It is the agency’s responsibility to determine whether its Final Rules will be rescinded, repealed, modified, or defended in litigation,” says the US Court of Appeals for the Eighth Circuit regarding the fate of the controversial ESG investing rules.
The government's first National Climate Risk Assessment finds that no Australian community will be immune from climate risks that will be ‘cascading, compounding and concurrent’ - as it releases its National Adaptation Plan.
The EU’s 2030 targets include reductions in food waste of 10% from processing and 30% from retail – as well as measures for textile producers to cover the costs of collection, sorting and recycling waste clothing.
The US District Court for the District of Puerto Rico has dismissed a lawsuit accusing energy companies of racketeering – owing to the claims being barred by the statute of limitations.
The Court of Justice of the European Union has dismissed Austria's lawsuit seeking to annul the inclusion of nuclear power and gas in the EU's sustainable investment scheme.
At an OECD event Paul Atkins took aim at double materiality in EU sustainability reporting and called on the IASB to remain focused on financial accounting and avoid using standards “as a backdoor to achieve political or social agendas.”
Coinciding with increased consumer sustainability literacy and awareness, Australian regulators and advocacy groups alike have become more eager to institute proceedings for alleged misleading marketing and greenwashing claims, write partner Samantha Daly and associate Heather Pym at Johnson Winter Slattery in Sydney.
Theresa Mockel of ECCHR talks to Forward Law Review about the arguments that were put forward in the first hearing of climate change dispute Asmania et al. v Holcim in Switzerland last week – which focused on whether climate cases are admissible in civil courts.
Revolution Wind and the states of Rhode Island and Connecticut are suing the administration after it issued an order to halt construction of an offshore wind farm located in federal waters owing to concerns over national security and environmental protection.
Four organisations from the US tourism industry – led by Cruise Lines International Association – are challenging the state of Hawaii over a new passenger tax, arguing that it violates the US Constitution and federal law, and burdens passengers and the cruise industry.
The Climate Working Group report – used to justify rescinding the 2009 endangerment finding that enabled the federal regulation of GHG emissions – has been rejected by a coalition of climate experts as ‘misleading or fundamentally incorrect’.
The grantees’ constitutional claim is meritless and contractual claims can only be heard in the Court of Federal Claims, says the Washington, DC appeals court – as it vacates the injunction preventing the US Environmental Protection Agency from terminating grants awarded under the Greenhouse Gas Reduction Fund.
The UK’s Advertising Standards Authority has slammed three cruise ticket sellers for making misleading sustainability claims regarding the use of liquefied natural gas to fuel cruise ships.
A draft bill has been proposed to amend the LkSG, rescinding reporting requirements to ‘relieve the burden’ on companies – whilst due diligence obligations remain in force.
A court in Texas handed down a preliminary injunction on Friday, temporarily blocking the state’s anti-ESG law – which comes into force on 1 September – from applying to the two proxy advisory services while the case proceeds.
A German commercial court found that the tech giant’s sustainability claims for its watches were misleading after activist NGO Deutsche Umwelthilfe challenged the longevity of its offsetting forestry project in Paraguay.
The California Air Resources Board’s public workshop proposed definitions for determining in-scope entities and implementation fees for SB 253 and SB 261.
Tech companies should think carefully about what the opinion may mean for them – particularly regarding AI, data centres and cryptocurrency, write partner Sarah Ries-Coward and of counsel Louise Barber at Herbert Smith Freehills Kramer in London.
In a joint statement on a US-EU trade framework, the European Union pledged to address US concerns over the CSDDD and CSRD – together with the EUDR and CBAM.
Shareholder advocacy organisation Investors for Paris Compliance alleges “systematic greenwashing” by Cenovus and Enbridge relating to net zero targets – and takes the unusual step of filing its complaint with the Alberta Securities Commission.
A legal challenge backed by Our Children’s Trust argues that state regulations unlawfully prohibit the consideration of climate and air pollution when considering whether to approve new power plants.
“Federal law does not permit agencies to create or rely on such secret, unaccountable groups when engaged in policymaking,” argue NGOs in a lawsuit challenging the group behind the report used to condemn the Clean Air Act endangerment finding.
Aircraft operators need to take care in marketing the use of sustainable aviation fuel, writes Michael Buffham, partner at HFW in London – as he outlines the regulatory frameworks and analyses a recent report which warns of the potential legal risks of making SAF sustainability claims.
The Dutch arm of Friends of the Earth has written to 28 large corporations asking them to submit their climate transition plans for assessment. Milieudefensie says it aims to “recognise frontrunners, encourage those in the middle tier to strengthen their climate policies, and hold laggards accountable”.
European Central Bank president Christine Lagarde has cautioned that proposed changes to EU corporate sustainability reporting rules could restrict the institution’s ability to assess climate-related risks to the Eurosystem.
Two landmark advisory opinions directed at states – one from the ICJ and another from the IACtHR – reinforce the relevance of climate-related due diligence focused on human rights, disclosure and risk management for companies, write partner Juliana Gomes Ramalho Monteiro and associates Marilia Lofrano and Gabriela Trovões Cabral of Mattos Filho in São Paulo.
The Brazilian president has attempted to remove many of the more contentious elements of the law – which campaigners have called “the biggest legislative environmental setback since the dictatorship” – but the fate of the legislation remains in the hands of the opposition-dominated congress.
With ambitious UK and EU targets driving up demand for sustainable aviation fuel, attention is turning to the infrastructure, investment and innovation needed to bring supply in line. Dentons partner Colm Ó hUiginn and counsel Claire Hunter examine the outlook for decarbonising the airline industry.
In the country’s first-ever ICSID arbitration claim, the Singaporean investment company behind British coal company West Cumbria Mining is suing the United Kingdom after the government abandoned its support for a new coalmine in northern England.
As the EU sharpens its focus on circular economy initiatives, legal professionals must adapt to a rapidly developing policy and regulatory framework. But the shift towards circularity brings both legal complexity and commercial opportunity, says Jill Shaw, ESG & sustainability lead at A&L Goodbody in Dublin.
The One Big Beautiful Bill Act ushers in a dramatic overhaul of energy tax incentives, repealing key credits for wind and solar while bolstering fossil fuel interests and introducing stringent ‘foreign entity of concern’ rules, write Sidley Austin partners Greg Lavigne, John Schaff and Hagai Zaifman.
The online fast-fashion seller has been fined €1 million by Italy’s Competition Authority for what the watchdog described as “misleading” and “omissive” environmental claims across the company’s marketing and website.
The International Court of Justice’s landmark advisory opinion affirms states’ binding legal obligations to address climate change – with likely downstream consequences for corporate regulation and litigation, say Freshfields partners Cat Greenwood-Smith and Mijke Sinninghe Damsté, and associates Boudewijn Renshof and Iris Hammerschmid.
EFRAG has launched a two-month public consultation on a major overhaul of the European Sustainability Reporting Standards, aimed at significantly reducing the complexity of sustainability disclosures required under the Corporate Sustainability Reporting Directive.
The European Commission says small and medium-sized businesses not in scope of CSRD will be able to make voluntary disclosures – which, it argues, will aid in responding to requests for information from large financial institutions and companies.
The US Environmental Protection Agency says abandoning the Obama-era regulation is “expected to save Americans $54 billion in costs annually through the repeal of all greenhouse gas standards, including the Biden EPA’s electric vehicle mandate.”
In contrast to the anti-ESG sentiment taking hold in some parts of the world, Kenya is steadily building a comprehensive ESG framework – with new policies on climate risk, sustainability reporting and green finance taking shape. Dominic Indokhomi, partner at Bowmans in Nairobi, takes a look at the country's progress.
A report by a UK parliament joint committee recommends import bans for goods found to be made with forced labour – as it warns the UK’s voluntary approach to due diligence in supply chains is not working.
The European Commission says it has decided to refer France to the Court of Justice of the European Union over its labelling requirements for waste sorting – as it warns Germany and Estonia over their failure to correctly transpose the Single-Use Plastic Directive.
The US proxy advisory services company says Senate Bill 2337 is “unconstitutionally vague, chilling Glass Lewis’ speech by defining the Act’s requirements with intensely politicized terms that have no agreed meanings.”
The SEC “has no intention of allowing the Climate-Related Disclosure Rules to go into effect,” says commissioner Caroline Crenshaw, after the US regulator tells the Eighth Circuit it will not clarify its position on the rules.
China and the European Union have reaffirmed their joint commitment to climate action, using this week’s high-level summit in Beijing to mark both the 50th anniversary of diplomatic ties and the 10th anniversary of the Paris Agreement – with a renewed pledge to accelerate their green partnership.
The International Court of Justice says in its landmark advisory opinion that fossil fuel exploration licences, subsidies and production could constitute “internationally wrongful act[s]” which are attributable to states.
Italy’s Supreme Court of Cassation has ruled that Greenpeace’s climate litigation against Eni can continue – despite the energy company’s compliance with government policy – because the lawsuit seeks damages which, it says, is a justiciable action.
“Human rights and environmental protection are interdependent,” says the High Court of Justice of Galicia, as it rules that Spanish authorities have a legal duty to act when public health and the environment are at risk.
Four orders issued by the White House allow named chemical manufacturers, coal-fired power plants, oil refineries, medical sterilisation facilities and more to bypass for two years the “severe burdens” placed on them by US Clean Air Act national emissions standards.
New Zealand’s early adoption of mandatory climate disclosures, evolving stance on methane emissions and increasing ESG litigation provide important lessons for other jurisdictions, says Hannah Bain, special counsel and head of Russell McVeagh's climate change practice.
The European Commission has proposed a major revamp of how the EU funds climate and environmental action – combining biodiversity with broader environmental priorities in its latest budget plan.
“Lula will have to veto it,” says NGO Observatório do Clima, echoing many other groups which view Congress's passing of the Environmental Licensing Bill as a major setback to environmental protections.
The phrase ‘sustainable aviation fuel’ could leave airlines and investment management companies open to lawsuits from consumers and shareholders, says Olivia Moyle at Opportunity Green. She spoke with Forward Law Review about the NGO’s new report on SAF.
European Ombudswoman Teresa Anjinho has asked the European Commission to explain in detail why it failed to carry out a series of procedural steps - required under internal rules - in preparation for the Omnibus simplification package amending the CSRD and CSDDD.
The government says the long-trailed taxonomy “would not be the most effective tool to deliver a green transition” and that other policies are better suited to accelerate net zero investment and to limit greenwashing.
The court agreed that the Torres Strait Islands have been ravaged by the impacts of climate change – but it said that current tort law places “insurmountable legal hurdles” in the plaintiffs' way and cannot compel the government to act.
Friends of the Earth has filed an appeal with the European Court of Human Rights over the UK’s National Adaptation Programme, after the High Court declared the government's climate adaptation strategy to be lawful.
At a Simmons & Simmons panel, Holland & Knight partner Meaghan Hembree said that Trump’s ESG rollback is fuelling state-level divergence, regulatory uncertainty and rising litigation – demanding sharper compliance strategies from companies operating in the US.
In a recent informal ministerial meeting, Danish ministers met with EU commissioners to discuss a joint effort to secure a legally binding instrument on plastics pollution ahead of UN negotiations in August.
The commission tells Forward Law Review that the chemicals omnibus was “carefully designed” through an “inclusive and transparent” consultation – after ClientEarth accused it of maladministration over its proposals.
Montana, together with 18 other states and Guam, has requested permission to intervene as defendants on behalf of the Trump administration, which is being sued by a coalition of young people over three energy-focused executive orders the president made at the beginning of his second term.
The environmental NGO is arguing that US lawsuits brought by Energy Transfer qualify as an abuse of rights under Dutch civil law – after it lost a US$660 million dispute with the oil and gas company.
The US president pledges to end taxpayer support for “unaffordable and unreliable” green energy sources – and restrict supply chains controlled by “foreign adversaries”.
The new law creates a legally binding framework to implement the Paris Agreement in line with the country’s 2053 net zero target – although observers say it is a “missed opportunity”.
Will UK transition proposals raise compliance stakes for in-house counsel? Doug Bryden, partner at Freshfields, talks to Forward Law Review about the UK’s consultation on sustainability reporting and transition planning.
The European Commission scheme is designed to unlock private finance for biodiversity and reward corporate action by de-risking supply chains, reducing insurance premiums and helping companies meet their biodiversity goals
The Inter-American Court of Human Rights says states have legal obligations to mitigate GHGs, make reparations for damage caused by climate change – and regulate companies with high emissions.
The European Commission has launched a public consultation to extend its Carbon Border Adjustment Mechanism to cover products downstream from goods currently in scope – with a particular focus on steel and electricity.
The UK government is weighing ‘comply or explain’ against more stringent transition plans – aiming for investor confidence without stifling competitiveness. With analysis from Becky Clissman, counsel at Ashurst, and James Hay, principal sustainable finance advisor at Pinsent Masons.
The European Commission’s proposal for the 2040 climate target includes the potential use of “high-quality international carbon credits” from partner countries aligned with Paris Agreement objectives.
While the UK government’s consultation on its Sustainability Reporting Standards reflects a direction of travel, there remains uncertainty for in-house counsel over the scope and timing of the standards. Samantha Brady at Slaughter and May talks to Forward Law Review about the government’s proposed amendments.
A report by law professor Elisa Morgera, the UN special rapporteur on human rights and climate change, urges governments to take wide-ranging measures to safeguard human rights from the effects of climate change – from criminalising greenwashing to prioritising the phaseout of fossil use and production.
A coalition of NGOs, led by Earthjustice, is suing the US Environmental Protection Agency to reinstate cancelled grants that they say should have been disbursed under the Biden administration’s Environmental and Climate Justice Block Grant programme.
The Australian Competition and Consumer Commission alleges in a major court action that Australian Gas Networks made false and misleading representations in its ‘Love Gas’ TV and digital advertising campaign.
Attribution science is now a credible, widely accepted field. Dr Rupert Stuart-Smith, Senior Research Fellow at Oxford University, explains its methods and the role it has played in recent landmark climate cases – including Lliuya v RWE – in an interview with Forward Law Review.
The London School of Economics’ annual report – Global Trends in Climate Change Litigation – finds that more than 80% of climate cases reaching apex courts involve government defendants, but cases against corporate defendants are more likely to succeed.
Sixteen state attorneys general have written to Pam Bondi, US attorney general, asking for a liability shield to protect federally permitted activities that create GHG emissions – and confirmation that existing federal laws preempt state attempts to impose liability on energy companies.
The environmental NGO says that the EU’s Omnibus Simplification Package potentially violates numerous legal principles – and warns that breaches of essential procedural requirements could invalidate the legislation.
The court found that the producers do have standing – and so reversed a lower court’s order dismissing their challenge to California’s 2013 Clean Air Act waiver that governs the adoption of emission standards for new vehicles.
Amendments to Canada’s Competition Act recently introduced environmental certificates to encourage business collaboration on climate and environmental goals, write McMillan partners Neil Campbell, Radha Curpen, Sharon Singh and Beth Riley and associate Claire Lingley.
Hogan Lovells partner Valerie Kenyon and senior associate Olivier Swain in London examine the ESG-focused regulatory challenges faced by data centres operators in the EU and UK.
The guidance comes in the wake of the 2024 Finch Supreme Court ruling that downstream GHG emissions must be considered in environmental impact assessments.
The European Commission has referred Poland to the Court of Justice of the European Union for failing to guarantee proper access to justice in matters concerning air quality.
Three environmental groups have filed a complaint against the European Commission for granting ‘strategic’ status to the proposed Mina do Barroso lithium mine in northern Portugal.
Chloe Edworthy at Macfarlanes and Louise Barber at Herbert Smith Freehills Kramer examine the Council of Europe’s new treaty that, for the first time, sets out binding international standards for the criminal prosecution of serious environmental harm.
Greenwashing and ESG disputes are no longer a risk on the horizon – they’re here, and businesses must be prepared, write Heike Schmitz, partner and co-head of ESG (EMEA), and Sousan Gorji, senior associate in the disputes team, at Herbert Smith Freehills Kramer.
Susman Godfrey is representing the American Bar Association in a lawsuit that claims President Trump’s executive orders targeting law firms are a “deliberate policy designed to intimidate and coerce law firms and lawyers to refrain from challenging the President or his Administration in court”.
In this Q&A, Sebastian Gräler and Julius Fabian Stehl at Hogan Lovells in Dusseldorf analyse the recent court decision that "laid a conceptual foundation for civil climate liability under German private law".
The Corporate Human Rights and Environmental Due Diligence Bill is the first legislative initiative focusing on human rights and the environment under the new government – which has stated its intention to focus on corporate sustainability.
California and 10 other states have filed a lawsuit challenging the Trump administration’s recent decision to revoke the state’s authority to set its own vehicle emissions standards.
The US Environmental Protection Agency aims to abandon rules issued during the Biden administration for new and existing fossil fuel-fired power plants that were founded on the US Clear Air Act ‘endangerment finding’.
The government says that it will introduce a bill by the end of the year to ratify the BBNJ Agreement, which introduces marine protected areas and environmental impact assessments for international waters.
Two environmental groups argue that the government’s emissions reduction plan fails to fulfil basic requirements of the law – and say their lawsuit is the world’s first “to challenge a government’s heavy reliance on tree planting to achieve climate targets”.
The DC district court upheld the Securities and Exchange Commission's amendments to Rule 14a-8, which govern shareholder proposals – dismissing the plaintiffs’ claims that they were introduced to inhibit ESG proxy voting.
The MPF last week filed a lawsuit challenging a US$180 million carbon credit deal between the state of Pará and the LEAF Coalition. With analysis from Manuela Demarche and Clara Amoroso de Andrade at Trench Rossi Watanabe, and Gedham Gomes and Luiz Gustavo Bezerra at at Tauil & Chequer Mayer Brown.
The Canadian Competition Bureau has issued its final guidance on environmental marketing claims to help businesses comply with new anti-greenwashing provisions of the Competition Act.
Regulators in France, the UK and the US are increasing efforts to tackle misleading environmental claims – making robust, verifiable sustainability practices a legal and reputational imperative, write White & Case partners Sonja Hoffmann and Yann Utzschneider and associates Spencer Beall and Janina Moutia-Bloom.
Often the culture of pro bono only extends as far as lawyers, writes Jeremy Ford, ex-European Head of Marketing at Skadden and advocate of professional pro bono at Fifth Day – a charity that aims to get professionals from other areas of the legal profession involved in pro bono work.
Forward Law Review is seeking outstanding nominations for the 2025 edition of Forward 40, our global spotlight on the next generation of ESG and sustainability lawyers.
The United Arab Emirates’ new legislation introduces mandatory emissions reporting, climate risk disclosure and third-party verification requirements, together with fines for non-compliance. Greenpeace calls the new regime “transformative”.
The number of cases before the ICJ is high, say panellists at Herbert Smith Freehills Kramer LIDW event – reflecting frustration with the UN Security Council and an increasing move beyond bilateralism.
African businesses are likely to be widely affected by new EU corporate disclosure rules on human rights and sustainability, write partner Kate Paterson and associate Sibongile Sibeko at Bowmans in Johannesburg – and may face serious consequences if they fail to act.
The new rule says that proxy advisors can only make recommendations concerning Texas-based companies based on purely financial interests – but Glass Lewis has called it “rushed” and far removed from industry best practice.
Texas comptroller Glenn Hegar said removal from the list – which will lift certain restrictions over BlackRock’s ability to do business with the state – was enabled because the investment management firm “dramatically reduced the number of fund offerings that prohibit investment in oil and gas”.
Plaintiffs have pledged to appeal the New Mexico Court of Appeals’ dismissal of a lawsuit alleging the state has failed to uphold its constitutional duty to protect public health and the environment from the harms of oil and gas pollution.
The rule – which allowed ESG considerations in 401(k) investment plan decisions – will be rescinded in the US Department of Labor’s spring regulatory agenda.
Recent developments in civil litigation and changing government regulations concerning per- and poly-fluoroalkyl substances have created new considerations for companies, write Alexis Dyschkant, Ben Lenhart and Abigail Barnes of Covington & Burling.
Major US oil producers are facing a first-of-its-kind climate lawsuit which alleges that they should be held responsible for the death of a woman during an “unprecedented” heatwave – under wrongful death, product liability and public nuisance claims.
The court said that judges must show deference to government agency decisions – and that emissions from separate projects do not constitute indirect effects for the purposes of environmental impact statements.
Twenty-two young plaintiffs claim that actions by the US president and federal agencies “knowingly increase greenhouse gas pollution, violate their constitutional rights, and unlawfully override laws passed by Congress to protect public health and the environment”.
Thames Water has been fined by the national regulator for breaches of rules pertaining to its wastewater operations and dividend payments – and served with an enforcement order to bring its infrastructure up to standard.
With 29 ratifications of the Biodiversity Beyond National Jurisdiction Treaty so far, the United Nations has almost half the countries needed for the treaty to enter into force at the United Nations Ocean Conference in June.
German regional court dismisses plaintiff’s appeal – which sought to hold RWE accountable for the effects of its domestic emissions on Peru – but finds that under German law a plaintiff could have a calculable claim against a polluting company if it refuses to take preventative measures.
The European Commission has adopted a regulation to identify 44 oil and gas companies and task them with providing CO2 storage solutions – as it announces that the EU is on course to reduce GHG emissions by around 54% by 2030.
“The Order shouts through a bullhorn: If you take on causes disfavored by President Trump, you will be punished,” says District Judge Richard Leon as he dismisses the president’s executive order – days after a similar order against Jenner & Block was overturned.
The investment management firm says the latest intervention from the DOJ and FTC in the ESG antitrust case rests on an “absurd theory” that coal companies conspired with their shareholders to reduce coal production.
The investigation was announced after the Ombudsman received a complaint from eight NGOs detailing the European Commission’s alleged failure to comply with its own ‘Better Regulation Guidelines’ in preparing the Omnibus package to amend the CSRD and CSDDD.
District judge calls the executive order against the firm “doubly violative of the constitution” – and grants summary judgment enjoining the government action.
The European Commission says that it has carried out a “coordinated investigation” and has notified the Chinese online fast-fashion retailer that several of its practices are in breach of EU law.
The US Senate voted 51–44 on 22 May to revoke California’s authority to set its own vehicle emissions standards, effectively sinking the state’s plan to ban new petrol-powered car sales by 2035. California governor Gavin Newsom says the state will fight the repeal in court.
“The main challenge to arriving at a shared UK-EU emissions trading system and dispute resolution mechanism is the ever-changing legal framework for UK-EU trade itself.” Roger Matthews and Rupert Ekblom at Dentons talk to Forward Law Review about the linked carbon border adjustment mechanism.
The General Court of the European Union has affirmed 2022 rules restricting bottom trawling in marine protected areas in the German North Sea after a challenge from a German fishing group.
The European Free Trade Association Court issued an advisory opinion on environmental impact assessments as part of Greenpeace’s litigation against the Norwegian state’s North Sea fossil fuel permitting.
Rescinding the rule would be “a diversionary tactic to avoid answering the key questions of statutory authority and compliance with the APA,” said SEC chair Marc Uyeda in comments at the SEC Speaks conference.
Environmental Defense Fund, represented by Covington, says it is backing Apple’s motion to dismiss because it believes the tech company’s approach “represents credible climate action”.
Companies with under 750 employees and up to €150 million in turnover or €129 million in assets would access certain SME benefits, the European Commission says - as it also plans to push back battery due diligence rules by two years.
Equinor says construction of its offshore wind project off the coast of New York will resume despite the Trump administration’s April moratorium on all offshore wind development.
“Pennsylvania cannot apply its own law to claims dealing with air in its ambient or interstate aspects,” says judge as he dismisses Bucks County’s climate lawsuit against six major energy companies with prejudice.
The United Kingdom and the European Commission have agreed to work towards establishing a link between the two jurisdictions’ emission trading systems – six months before the UK becomes subject to the EU’s Carbon Border Adjustment Mechanism.
The company said it could have been clearer that emissions are not prevented by carbon offsets, as it settles out of court with NGO Parents for Climate in Australia’s first case targeting the marketing of consumer products as ‘carbon neutral’.
Ten NGOs have submitted an amici curiae in support of a lawsuit that challenges the Trump executive order halting the development of wind power – calling the president's views “scientifically baseless”.
The convention provides “the basis for a more coherent criminal justice response by states to environmental crime, including across borders” the council says – calling it a “game-changer”.
The US Environmental Protection Agency has announced that it will ‘rescind’ some PFAS regulations and push back compliance on others – as the EU prepares a ban and 3M settles a lawsuit with New Jersey at a cost of US$450 million.
Federal law does not pre-empt the plaintiffs’ state law claims, says the state of Colorado’s highest court in an opinion which diverges from recent judicial decisions on climate action.
The Dutch NGO says it intends to seek an immediate end to Shell’s investments in new oil and gas fields and an order compelling the company to set 1.5°C-aligned emissions reduction targets from 2035 to 2050.
Facing a lawsuit, the US Department of Agriculture says it will return content to its website that was removed in the wake of the Trump administration taking office.
The European Commission has amended state aid rules to allow NGOs an eight-week window to request reviews of decisions to establish whether they contravene EU environmental law.
The House Energy and Commerce Committee’s proposed text for the forthcoming budget reconciliation bill slashes scores of environmental and clean energy measures.
The European Central Bank says that its policies may be adversely affected by the proposed Omnibus Simplification Package – which, it argues, could significantly limit stakeholders’ access to important information.
The Scared Climate Optimist: Beyond the difficult headlines, there are examples everywhere of the biggest asset managers in the world still taking action on climate issues, writes Joshua Domb at Gen-R Law.
Changes to the EU CSDDD should not jeopardise alignment with international standards on responsible business conduct or create blind spots where human rights abuses go undetected and unaddressed, says the Office of the UN High Commissioner for Human Rights.
The states are challenging the termination of funds disbursed through the Infrastructure Investment and Jobs Act for electric vehicle charging stations – an action which California governor Gavin Newsom has called “yet another Trump gift to China”.
“From an employer's perspective, the main issues are going to be toilets, changing facilities, pronouns and data collection,” says Andrew Taggart, partner at Herbert Smith Freehills. He spoke with Forward Law Review about the implications of the controversial decision on gender definition.
The European Commission says the drinks-maker has agreed to replace recycling claims including “I am a bottle made from 100% recycled plastic” after European consumer organisation BEUC lodged a complaint.
The state is one of 18 suing the government over President Trump’s 20 January memorandum that indefinitely halted federal approval for the development of windfarms.
DC judge says the order stigmatises and penalises the firm for representing clients that have pursued claims and taken positions with which the US president disagrees – as well as the firm’s own speech.
The US Department of Justice has announced lawsuits against New York, Vermont, Hawaii and Michigan in a bid to shut down “unconstitutional” climate superfunds and state actions against energy companies.
The failure of the Ontario government’s appeal means the landmark Mathur case will return to the Superior Court, which will determine whether the rights of young people were infringed by the province’s alleged failure to adequately tackle climate change.
The EU’s decision to simplify its Deforestation Regulation is good news, says Lucy Blake at Jenner & Block – the due diligence requirements were stringent and onerous, particularly for businesses with complex global supply chains.
The court disagreed with Chevron that Rhode Island had made inaccurate claims about the company’s operations in the state – and allowed the climate change complaint to proceed unaltered.
The UK’s Climate Change Committee has warned the government that one in four properties will be at risk of flooding by 2050 – and advises that over half of England’s agricultural land is already at risk.
“Threatening law firms and lawyers because they have represented or employed political opponents of the Trump administration or have expressed viewpoints disfavored by the administration is a textbook violation of the first amendment,” say 20 US attorneys general in an open letter.
A district court has rejected arguments by members of the travel industry that The Hague’s advertising ban conflicts with their rights under the Dutch constitution and EU law.
“A higher ambition proposal was really on the table until the last minutes of the negotiation.” NGO Opportunity Green takes Forward Law Review behind the scenes of the “intense and tumultuous” talks that led to the historic IMO Net-Zero Framework for shipping.
The Trump administration issued an executive order in April focused on eliminating state laws that regulate emissions or impose liabilities on energy companies. Kenneth Markowitz at Akin explains to Forward Law Review the potential issues the attorney general will face.
An Eighth Circuit appeals court judge has granted an abeyance after intervenors in State of Iowa v SEC filed a motion to suspend the ‘unnecessary’ case.
The US Chamber of Commerce complains that the EU Corporate Sustainability Due Diligence Directive will require large US companies to “meet overly prescriptive human rights and environmental due diligence requirements that conflict with US federal and state laws.”
The US Department of Labor has requested the suspension of appeal court proceedings while it considers rescinding the Biden-era rule which allows fiduciaries to consider ESG factors in retirement funds.
A US circuit judge has ordered an administrative stay to block the release of frozen funds held by Citibank to NGOs that were awarded billions for clean energy projects by the Biden administration – one day after a circuit judge ordered the money to be disbursed.
The ACCC says Clorox made misleading representations to consumers that some of its Glad kitchen and garbage bags were partly made of recycled ocean plastic – in a judgment which considered marketing copy in tandem with packaging colour and imagery.
Anton Foley and others v Sweden was rejected by Sweden’s Supreme Court in February – in part because it found the class of individual plaintiffs lacked standing – but non-profit organisation Aurora is looking to refile the case, drawing on the 2024 Klimaseniorinnen ECtHR ruling.
The International Maritime Organisation will impose limits on emissions from shipping from 2027, introducing a levy for vessels that exceed the limits – after the US walked out of talks and threatened “reciprocal measures”.
“In the absence of an integrated and transformative vision, there is a fear that PNACC 3 will not improve France's adaptation to climate change in the long term,” say a group of organisations that have written to the French prime minister in advance of legal action.
The US litigation boutique, which represented Dominion Voting Systems in its successful US$787.5 million defamation suit against Fox News, says it will fight the order.
“Preliminary injunctive relief is necessary to restore the status quo until a final judgment in this case,” say the plaintiffs, attempting to prevent the transfer of state LNG assets after a district judge dismissed their climate lawsuit.
A newly formed coalition between the Christian Democrats and the Social Democrats says it supports the European Commission’s Omnibus and will implement the CSDDD in a way that is minimally bureaucratic and easy to enforce.
“This is a long-term game and if you fail to understand the risks and the regulations and the policies now – then, when the world changes, you'll be really caught out.” The team behind the Oxford Climate Policy Monitor reflect on their symposium.
With the Trump administration continuing its crackdown on corporate and government DEI policies, Jenner & Block partner Lucy Blake explains to Forward Law Review what this means for companies operating in the UK and Europe.
In a letter addressed to prominent Republicans, business groups ask the Trump administration to maintain Biden-era federal tax credits and grants which, they say, “help manufacturers develop and deploy breakthrough technologies”.
The two governments have launched a joint consultation on the planned reforms, which they say will slash red tape, make permitting more “agile and responsive” and introduce more stringent safeguards.
King’s Counsel Caspar Glyn argues that the law in Great Britain prohibits positive discrimination which leads to equality of outcome – but it does allow for different treatment based upon achieving equality of opportunity.
More than 500 law firms – including Freshfields, Arnold & Porter and Fenwick & West – joined a brief in support of Perkins Coie, claiming that President Trump’s executive order against the firm violates “core First, Fifth, and Sixth Amendment guarantees, as well as bedrock separation-of-powers principles”.
Everything in society relies on natural capital so it must be protected, writes Henry Vane at environment-focused firm Lux Nova. This will require a combination of government intervention and market forces – and the help of lawyers.
Bart Van Vooren says he intends to act as a bridge between the private sector and the Cali Fund’s governance, as he takes up a role on its steering committee.
“At bottom, this is just a run-of-the-mill (albeit large) contract dispute,” says the US Environmental Protection Agency’s court filing in the US$7 billion dispute with Climate United – represented by Jenner & Block – over frozen grant money.
The court said the Biden-era sale of the offshore drilling lease, which covered over 70 million acres in the Gulf of Mexico, failed to sufficiently consider the environmental impact of potential developments – but deferred a decision on the remedy.
Fifteen major car manufacturers were fined around €458 million for jointly misleading consumers over vehicle recycling by the EU – with a further £77 million levied against 10 of them by the UK.
A group of NGOs is suing the New York State Department of Environmental Conservation for failing to issue regulations that ensure the state achieves its statutory greenhouse gas reductions.
Amid volatility, uncertainty, complexity and ambiguity, law firms worldwide must prepare to navigate a complex web of strategic risks, writes Robert F van Beemen, partner at DRB in the Hague and chair of the IBA’s Law Firm Management ESG Subcommittee.
The Dutch Friends of the Earth says it has delivered a summons with almost 10,000 pages of evidence to force a hearing over the Amsterdam-based bank’s oil and gas clients and emissions – which the NGO claims will build on the KlimaSeniorinnen decision.
“The Constitution, top to bottom, protects against such attempts by the government to target citizens and lawyers based on the opinions they voice, the people with whom they associate, and the clients they represent,” the complaint says – whilst the US president issues an executive order aimed at WilmerHale.
The Scared Climate Optimist: Joshua Domb at Gen-R Law looks at the strategic use of litigation to drive systemic interventions and board-level focus on climate change.
The US Environmental Protection Agency says President Trump may provide exemptions for polluters if they email by the end of March – as the SEC announces it will no longer enforce climate disclosure rules.
The NGO is supporting nine Spanish plaintiffs challenging pollution from industrial pig farming – in an attempt to build on the ECtHR decision in Cannavacciuolo, which held that environmental pollution can threaten the right to life.
A bipartisan coalition of state AGs led by California attorney general Rob Bonta has published an open letter in support of judicial independence. “President Trump’s recent executive orders seek to break apart the very foundation of the law we practice,” they say.
The European Commission has announced delays of two years for CSRD application and one year for CSDDD transposition and application for large companies – so the EU can compete, it says, in an “unstable and sometimes hostile geopolitical context”.
Maritime NGO Oceana appeared in court today to dispute the UK government’s decision to award 31 exploration licences in UK waters, citing a severe threat to marine life – and to argue for the application of the landmark Finch decision.
The White House launches another attack on ‘Big Law’, this time citing the Chicago-based firm’s pro bono work for “destructive causes” as it withdraws security clearance and government contracts.
The European Commission has instructed Spain not to comply with a 2018 arbitral award ordering the country to compensate European private equity group Antin over changes made to a renewable electricity support scheme. With comment from Louise Barber, of counsel at Herbert Smith Freehills.
The Cologne Regional Court upheld an environmental NGO’s claims that the airline’s ‘CO2 offset’ advertisements were misleading and set out the penalties for any further violations of Germany’s Unfair Competition Act.
A coalition of cities and NGOs have brought a lawsuit to challenge the US government’s freeze on federal funding for environmental and social programmes. “These executive orders cite no legal authority for the president or his agencies to unilaterally freeze, let alone terminate, congressionally appropriated funds,” say the plaintiffs.
A presidential memorandum to the US attorney general warns US law firms over “unethical” litigation against the federal government and in immigration claims – as an email from the chair of Paul Weiss outlines the “existential threat” faced by the firm.
Youth plaintiffs in Natalie R. v State of Utah were asked to amend their claim after the state Supreme Court affirmed a lower court decision that ruling on fossil fuel policy would amount to little more than symbolic action.
‘What To Do If You Experience Discrimination Related to DEI at Work’ identifies four main discriminatory actions to aid companies in identifying illegal practices – and invites employees to report any DEI-related discrimination in the workplace.
Companies that integrated ESG teams into complaint responses often engaged more constructively – emphasising long-term reputational and operational benefits over short-term legal risk mitigation, writes Sheri Meyerhoffer, Canada’s former Ombudsperson for Responsible Enterprise.
A US jury decided in favour of Energy Transfer on multiple counts over the 2016 demonstrations. Both organisations will meet later this year in a Dutch court as Greenpeace attempts to block enforcement against its international subsidiary.
As defence budgets expand, financial institutions and fund managers will need to clarify their approach to defence alongside their ESG commitments, writes Rachel Lowe, special regulatory counsel at Proskauer in London.
The climate action charity has called for feedback on its draft revised Corporate Net-Zero Standard, which introduces tailored requirements based on company size and geography and greater emphasis on procurement and other non-emission metrics.
A letter signed by bar associations around the world says they are “dismayed by the recent actions by the US government targeting legal professionals at both the international and domestic levels, which violate international human rights law and undermine the rule of law.”
The Federal Court of Australia found the retirement fund manager had falsely claimed it did not invest in funds that posed a risk to the environment and the community.
The US Equal Employment Opportunity Commission has written to 20 of the world’s biggest law firms demanding information about their DEI employment practices, saying: “No one is above the law – and certainly not the private bar.”
The government has implemented the act – originally given assent in July 2024 – to create “a just transition to a low-carbon economy, ensuring that climate action goes hand-in-hand with economic empowerment and job creation”. But the implementation of some provisions has been delayed and questions remain regarding its enforcement.
In a landmark case that will examine whether the German energy company can be held liable for the effects of its emissions in a different jurisdiction, a Peruvian plaintiff is seeking damages from RWE to cover the cost of protecting his home from glacial meltwater.
Paul Weiss is the third law firm to be targeted by President Trump, who accuses it of hiring an “unethical attorney” and discriminating against its own employees through its DEI policies. Trump’s executive order implied more firms may be sanctioned.
The US Department of Education is looking into potential violations of the 1964 Civil Rights Act caused by colleges offering race-based scholarships and networking opportunities.
“The very goal is to chill future lawyers from representing particular clients,” says Perkins Coie, arguing that the order is retaliation for representing the president’s perceived opponents.
In a letter to Congress, almost 200 NGOs say they have “reason to believe that the fossil fuel industry and its allies will use the chaos and overreach of the new Trump administration” to shield itself from liability.
The California air pollution regulator hits back at a Calibrate media campaign, calling it "the auto industry’s latest attempt to undermine California’s public health goals by creating an artificial crisis and misleading consumers.”
Amidst a barrage of environmental rollbacks, Lee Zeldin announces the EPA will revisit the rule which designates CO2 and methane as dangerous pollutants – calling it “an agenda that throttles our industries, our mobility, and our consumer choice while benefiting adversaries overseas.”
Bill Hagerty calls the EU’s Corporate Sustainability Due Diligence Directive an “affront to US sovereignty” – and proposes legislation that would ban swathes of American companies from complying with it. With comment from Michael Littenberg at Ropes & Gray.
Proposals aimed at boosting diversity and inclusion in UK financial services have been shelved amidst concerns over reporting burdens – although the regulator says “an appropriate focus on diversity and inclusion in the culture of the firms we regulate can deliver improved internal governance, decision-making and risk management.”
Baker McKenzie's Global Disputes Forecast reports that 40% of companies consider ESG disputes a significant risk – a notable decrease from last year, when it was over 70%. Partners Peter Tomczak and David Gadsden analyse this decline and how companies are attempting to mitigate the continuing risk.
“Switzerland has to return to the drawing board,” says climate group KlimaSeniorinnen Schweiz, as the Council of Europe tells Switzerland that it must present more evidence by September that it is complying with the landmark ECtHR decision.
The complaint, brought by nineteen Republican states, sought a ruling to prevent state-law tort and nuisance lawsuits. Justice Thomas dissented, saying the court should hear a complaint which involves nearly half of US states and alleges “serious constitutional violations.”
“We must rethink ESG mechanisms that often wrongly exclude all defence investment as ‘unethical’” say UK MPs, who argue that ethical labels may be hampering the country’s ability to ramp up defence spending – whilst France also considers restoring its defence industries to ethical investment status.
The US president issued an executive order on 6 March revoking Perkins Coie’s security clearance over claims its representation of Hillary Clinton and DEI policies constitute “egregious activity”.
California and four other states have proposed legislation that would sidestep any federal attempts to reduce drinking water standards – with specific reference to PFAS.
The Environmental Protection Agency head was given 30 days to report on the Clean Air Act’s endangerment finding – which enables federal regulation of six major greenhouse gases – with the possibility of disapplying it. Kenneth Markowitz at Akin explains why abandoning the finding may lead to a slew of state-level climate disputes.
“Given the First Amendment’s protection of a university’s freedom to determine its own curriculum, and how to deliver it, the constitutional violation behind this threat is clear,” says the dean of Georgetown Law in response to a letter demanding the elimination of all DEI from the school and its curriculum.
What does the European Commission’s Simplification Omnibus mean for the EU Sustainable Finance Framework? By Heike Schmitz, partner and co-head of ESG (EMEA) at Herbert Smith Freehills.
Biden's neutralisation of a Trump-era rule that forbade ERISA fiduciaries from considering nonpecuniary factors when making investment decisions is upheld in State of Utah v Vince Micone. “It permits, in full accord with the fiduciary’s duties, a fiduciary to look to collateral factors to break a tie,” a federal judge said.
The US Environmental Protection Agency under Lee Zeldin alleges “financial mismanagement, conflicts of interest and oversight failures” by the previous leadership and demands an investigation of Biden-era NGO funding – amid reports of pushback from a US attorney and a DC judge.
The US Chamber of Commerce is joined by the American Petroleum Institute, the National Mining Association and the Business Council of New York in filing a lawsuit against the state of New York’s Climate Change Superfund Act – targeting the "massive retroactive penalties” it imposes on energy companies.
The American Bar Association has issued a press statement criticising US government efforts to undermine the courts and the legal profession - after the White House suspended security clearances for two Covington lawyers and FTC commissioners were barred from attending events hosted by the “left-wing and radical” ABA.
Switzerland has failed to remedy the Article 8 breach identified by the ECtHR, say climate groups – but the Swiss government insists that it meets the climate policy requirements of the historic ruling.
An 11th hour accord was reached in the United Nations-led COP 16 meeting in Rome to set up a fund to protect biodiversity, after negotiations failed to reach a conclusion in Cali, Colombia, in October 2024. But more needs to be done, say NGOs.
Following last week's Omnibus announcement, the European Union has published its draft proposals to simplify the taxonomy – claiming a 66% reduction in reporting data points.
“Widespread adoption of mandatory rules suggests that even if regulatory requirements fluctuate in certain jurisdictions, companies remain likely to face increasing global compliance obligations,” it says.
On the same day the EU published its Omnibus package, senior members of congress wrote a letter urging the Trump administration to “support European calls to indefinitely pause CSDDD” – while an earlier letter from 26 state officials demanded a US investigation of EU sustainability directives.
The US$300 million trial has begun in North Dakota, although Greenpeace has already brought an action in a Dutch court to prevent the enforcement of any US decisions in favour of pipeline company Energy Transfer.
Introduced on the same day as the Omnibus Simplification Package, the plan will invest €100 billion in accelerating decarbonisation and promoting industrial competitiveness.
A coalition of activist groups and non-profit organisations claims the US Department of Agriculture’s removal of climate policies and data from its website is unlawful.
The controversial Omnibus Simplification Package introduces a raft of substantial changes to reporting requirements, including a focus on direct business partners only for CSDDD and a two-year reporting postponement for companies currently in the scope of CSRD. With comment from Silke Goldberg, Sarah Ries-Coward and Heike Schmitz at Herbert Smith Freehills.
“Lots of companies want to contribute to biodiversity,” says Bart Van Vooren at Covington, “but the stacking of one benefit-sharing obligation after another has created a complex regime that is difficult to navigate.” First proposed at COP 16, the fund launched this week – but questions remain over how it will work.
Sharon Singh is co-head of McMillan’s environment and indigenous practice. The Vancouver-based partner talks to Forward Law Review about her practice, her experience at Rio Tinto and what a potential change in the Canadian government might mean for the country’s environmental and human rights policies.
The NGO announces its intention to serve ING with a summons on 28 March to force a hearing over the Dutch bank’s oil and gas clients and emissions – but the bank argues Milieudefensie’s demands are “unrealistic and unreasonable”.
Environmental groups are suing the US president and two members of his White House team in an attempt to prevent the reversal of Biden’s January memoranda which protected large amounts of the US coastline from oil and gas drilling.
The EU Council presidency and the European Parliament have agreed to revise the Waste Framework Directive to reduce food waste and develop a more sustainable textile sector – with potential increased levies for fast-fashion brands.
Forward Law Review asked the commission six key questions on its forthcoming Omnibus Simplification Package – covering its announcement date, reporting timelines, the potential inclusion of CBAM, the impact of politics, and potential wider legislative changes. Here we present the commission’s lengthy response in full.
“Political bodies decide independently on which specific climate measures Sweden should take,” says the Supreme Court of Sweden – as a Californian court dismisses the notion that children are a discrete class who experience the effects of climate change to a greater degree.
Germany joins France, Denmark and Spain in publishing position papers on the forthcoming Omnibus – but the scale of their recommendations varies significantly.
With Omnibus Simplification Package scheduled to be revealed next week amidst a turbulent political environment, Forward Law Review canvassed practitioners on their concerns and predictions for the EU’s plans for streamlined corporate sustainability reporting. Comment from Rebecca Perlman at Kirkland & Ellis, Rachel Lowe at Proskauer, Jill Shaw at A&L Goodbody and Jacquelyn MacLennan at Edinburgh University Law School.
Under Lee Zeldin’s stewardship, the US agency is looking to review the Clean Air Act, California’s low emissions vehicles rules and funding for NGOs amounting to $20 billion.
“Racism has no place in Missouri,” says state AG as he claims customers pay higher prices and wait longer because of “race-and-sex-based hiring practices” that violate the state’s Human Rights Act.
“It's a question of separating the noise from the signal,” said Alan Andrews, interim CEO of the NZLA, on the topic of recent political pushbacks against sustainability. “I think we will see a temporary blip.”
Claiming the “first use of an EU anti-SLAPP directive,” the NGO is bringing a claim in a Dutch court against the pipeline company. Both parties have been embroiled in a US-based legal dispute since 2016 over attempts to halt the Dakota Access Pipeline project.
“The judge ruled that Shell should curb its emissions, but they did not determine at what rate,” says the Friends of the Earth group - as Shell tells Forward Law Review that it “currently has no obligations” to Milieudefensie under the Court of Appeal judgment.
“The rule is deeply flawed and could inflict significant harm on the capital markets and our economy,” says SEC chair Mark Uyeda – a view rejected by fellow commissioner Caroline Crenshaw who argues that this position was arrived at “unilaterally”.
US federal law pre-empts state law in claims against energy companies for GHG emissions, says district judge – whilst a hearing continues at the Supreme Court in Colorado, in a case which turns on a similar argument.
Senate bills 3697 and 3456 mandate disclosures of climate-related financial risks and carbon footprints for large companies that operate in New York state. Versions of both bills were tabled in the 2023-2024 legislative session.
“The Climate Change Superfund Act is an ugly example of the chaos that can result when states overreach,” say Republican AGs, who argue that federal government policy must overrule state law.
Alan Andrews, interim CEO of the Net Zero Lawyers Alliance, explains why – despite an ESG backlash, economic headwinds and political opposition – every lawyer will need to develop their practice to meet the challenges and opportunities of climate change.
“The vast majority of countries have indicated they will submit new plans this year,” says the UN climate change executive secretary – as over 90% of countries miss the deadline for setting out their GHG emissions reductions.
The American Chamber of Commerce to the EU calls for “immediate, bold action” on Omnibus simplification, while the US Commerce Secretary says he will use “all available trade tools” to respond to reporting burdens placed on US companies.
The ECtHR judgment in the Italian waste dumping case is likely to open up new avenues for claimants seeking to put pressure on governments and the private sector. With insight from Cat Greenwood-Smith at Freshfields in London.
The European Commission is asking for feedback on a mechanism which allows the public to request a commission review of certain state aid decisions to establish whether they contravene EU environmental law.
Ahead of the forthcoming Omnibus Simplification Package, a report by the EU’s Platform on Sustainable Finance says reduced reporting obligations, a review of the ‘do no significant harm’ criteria and the use of estimates will reduce companies’ reporting burdens by over a third.
Citing the recent Spence v American Airlines judgment, a group of state finance officials has written to the SEC and DOL, urging them to introduce rules and enforcement “to monitor the ESG and DEI activities of fiduciaries and asset managers, including heightened scrutiny of proxy voting activities.”
The delivery and logistics services group was found to be in breach of consumer rules over sustainability claims made on its website and in communications with customers.
The City of Riviera Beach Police Pension Fund is suing the retailer for allegedly misleading investors with policies that led to widespread customer boycotts following its 2023 Pride campaign.
Three European investor membership bodies voice concerns about the forthcoming Omnibus and call on the European Commission to “preserve the integrity and ambition of the EU’s sustainable finance framework”.
“It's very surprising to us that in a system that is guarded by rule of law that this kind of amendment is possible,” the NGO tells Forward Law Review as it challenges a December 2024 European Commission decision to restrict public access to documents.
Although the narrative of Argentina’s current administration is aligned with the ESG backlash movement, the country’s ESG regulatory landscape has not significantly changed since President Milei took office, writes María Victoria Tuculet, a financial services and ESG partner at Bomchil in Buenos Aires.
Government inaction on widespread waste dumping in the Campania region of Italy was held to be a breach of Article 2 of the European human rights law in a “seismic” judgment – as Judge Krenc challenges the distinction between climate and environment-related harm.
Downstream emissions must be taken into consideration when granting drilling licences, Scottish court rules as the UK government is forced to reconsider its decision to allow development in the North Sea.
Rather than request feedback on the specifics of a taxonomy, the government asked whether a taxonomy should exist at all. With commentary from Rachel Richardson at Macfarlanes.
“Other omnibuses for different sectors will follow,” says Ursula von der Leyen as the EU publishes the official version of the Competitiveness Compass.
“It is no secret that our water system needs fixing,” says UK environment secretary Steve Reed as the Environment Agency announces 24,000 actions water companies must take over the next five years to meet their legal requirements.
The South American trade bloc’s agreement with the EU, reached in December, places significant emphasis on the Paris Agreement and sustainable development. With comment from Maria Victoria Tuculet, partner at Bomchil in Buenos Aires.
Ten state attorneys general, led by Ken Paxton in Texas, have threatened six of the biggest US financial institutions with legal action, suggesting that “race- and sex-based quotas” may violate federal and state laws.
The European Commission is adding four supplementary acts to legislation responsible for scaling up the manufacturing capacity of net zero technologies and boosting the competitiveness of EU industry crucial for decarbonisation.
In a “remarkable” ruling, the Hague District Court has ordered the Dutch state to significantly reduce nitrogen emissions in 50% of vulnerable natural habitats by 2030 - and to pay Greenpeace €10 million if it fails. With analysis from CMS and Loyens & Loeff in Amsterdam.
The European Commission pledges “proportionate regulation adapted to companies’ size” in forthcoming Simplification Omnibus, as a leaked document reveals planned changes to sustainable finance reporting, sustainability due diligence and the taxonomy.
Amid allegations that companies with well-documented links to Uyghur slave labour are “dumping” their goods in the UK, the government says that it is taking steps to revisit the country’s decade-old Modern Slavery law - and has launched a new inquiry.
But PFAS are still needed in some industrial sectors where no alternative exists, says the European Commission as it prepares to ban 'forever chemicals’ from consumer products.
“An immediate end to business as usual is a precondition for planetary survival”: Ireland’s High Court quashes a planning authority decision to refuse the development of a windfarm. With comment from Alan Roberts at A&L Goodbody.
“Each agency shall take immediate steps to end Federal implementation of unlawful and radical DEI ideology,” says the White House, as it revokes Biden-era diversity programmes.
Trump’s executive order pledges to quit “international agreements and initiatives that do not reflect our country’s values or our contributions to the pursuit of economic and environmental objectives.”
“It is creating further confusion and false incentives within the business community,” say practitioners, arguing that concerns over sustainability reporting burdens can be met without reopening legal texts.
The Platform on Sustainable Finance has called for feedback on its draft proposals, stating that the EU taxonomy “should eventually encompass a much larger share of economic activities”. Rachel Richardson at Macfarlanes explains why this review will be welcome to many market participants.
As the European Council meets to discuss the ‘Omnibus Regulation’, the president of the European Commission told the World Economic Forum in Davos that the EU is being held back by “unnecessary red tape” – including its sustainable finance and due diligence rules – and that the commission intends to deliver a ‘28th Regime’.
Hino Motors Ltd has reached criminal and civil resolutions with multiple US agencies over the submission of false and fraudulent engine emission testing and fuel consumption data. It includes the EPA’s second-largest criminal fine for vehicle air pollution.
As law firms worldwide rush to bolster their ESG practices there is a risk that valuable pro bono work will fall by the wayside. By Jacquelyn MacLennan, a member of the Brussels Bar and a Scottish solicitor, a CEDR-accredited mediator and Hon. Professor at Edinburgh University Law School.
Forty-seven governments and the shipping industry have jointly proposed text for a GHG emissions pricing mechanism to the UN’s International Maritime Organization, although several major shipping nations were not signatories. With comment from Luiz Gustavo Bezerra and Gedham Gomes at Tauil & Chequer Mayer Brown.
Arturo de la Para, Preslava Dilkova, Amanda Dollinger, Fabio Mario Guidi, Alexander Maugeri and Bijan Tavakoli have been elected to the partnership at Jones Day.
The departure of the six largest US banks from the net zero initiative reveals a major split between US and EU approaches to antitrust law and sustainable finance. With commentary from Charles Crowne and Aqeel Kadri at Osborne Clarke.
“Even though this is a lower court decision, it's probably going to be a wake-up call to plan managers.” Joshua Lichtenstein at Ropes & Gray explains why Spence v American Airlines has been called an ESG case – even though no ESG funds were involved.
Over the last five years, the incidence of environmental, social and governance (ESG)-related litigation involving retirement funds globally has grown about 100% per year, writes David Geral, partner at Bowmans in Johannesburg. In South Africa, it is no longer a question of if, but when, the first retirement fund will face litigation.
Apple follows Costco in rejecting the National Center for Public Policy Research’s anti-DEI shareholder proposal – as Meta and Amazon announce plans to cut back on their initiatives.
The US government has released regulatory guidance on its clean fuels production credit – as the EU’s rules on sustainable aviation fuel come into effect.
With climate superfunds in New York and Vermont making the headlines, Forward Law Review talks to Amanda Halter and Ashleigh Myers at Pillsbury about the origins of the funds and the legal questions they pose.
The European Banking Authority says its new guidelines, effective 11 January 2026, will “contribute to ensuring the safety and soundness of institutions as ESG risks intensify and the EU transitions towards a more sustainable economy”.
Timothy Stutt and Suzannah Hewson of Herbert Smith Freehills in Sydney talk to Forward Law Review about the challenges created by the amendments to the Corporation Act and the importance of good data management.
The deadline for EU member states to transpose the Gender Balance on Corporate Boards Directive fell at the end of 2024 – but 12 jurisdictions failed to meet it.
The UK’s parliamentary Business and Trade Committee were “horrified” by Shein representative’s refusal to engage with questions about whether the fast-fashion retailer sells products containing cotton from the Xinjiang province in China.
The US Chamber of Commerce and the American Petroleum Institute blast the state’s “attempt to impose strict liability on companies based in other States for their purported shares of global greenhouse gas emissions”.
During a parliamentary inquiry the retailers called for better legislation and warned that the UK could become a “dumping ground” for goods resulting from modern slavery.
“A diverse group of employees helps bring originality and creativity,” the US retailer says as it pushes back against a proposal from the National Center for Public Policy Research.
The government has released its draft environmental claims guidelines six months after the new provisions came into force and businesses became liable for substantial fines.
Morgan Stanley, Citigroup and Bank of America are the latest banks to exit the Net Zero Banking Alliance – on the heels of Wells Fargo and Goldman Sachs.
The Australian government intends to introduce penalties for non-compliance as it pledges to act on 25 of the recommendations made by a report on the 2018 Modern Slavery Act – but has declined to lower the revenue threshold to A$50 million. With commentary by Amanda Lyras at Clayton Utz.
President Biden has set new and more ambitious emissions targets for the United States – just weeks before the return of Donald Trump, who is likely to withdraw from the Paris Agreement.
Held v State of Montana succeeded at appeal in a landmark climate ruling for youth activists. The Supreme Court affirmed a 2023 lower court decision that a state law prohibiting government agencies from considering the impact on the climate when deciding whether to approve fossil fuel projects was unconstitutional.
First reporting under the CCDAA is due in 2026 but CARB says it will not take enforcement action for incomplete reporting in the first year – and launches a public consultation while the act’s authors threaten legal action. With commentary from Michael Littenberg at Ropes & Gray and Paul Barker and Julia Waterhous at Kirkland & Ellis.
The UK’s Advertising Standards Authority has banned a Lloyds Bank advertisement that it said made misleading claims about its financing of clean and renewable energy. It also announced a second informal ruling against MSC Cruises for suggesting that liquid natural gas is a green technology.
The Canadian government has announced a GHG emissions reduction target of 45-50% by 2035, although its own advisory board has said this is the minimum it should aim for.
Attorney general Ken Paxton is bringing a lawsuit against the companies for alleged misrepresentations regarding the safety of products such as Teflon, Stainmaster and Scotchgard.
The stock exchange must abandon its board diversity disclosure rules after the US Court of Appeals for the Fifth Circuit held that the SEC was going beyond its remit in approving the decision to force companies to diversify.
The regulation, which aims to combat forced labour in supply chains both in the EU and externally, has been published in the EU’s Official Journal and will apply from 14 December 2027.
In a “significant milestone for Brazil”, President Lula institutes the country’s landmark first cap-and-trade system for GHGs. With commentary from Manuela Demarche and Renata Amaral of Trench Rossi.
“The Paris Agreement contains binding and meaningful mitigation obligations to ensure the protection of the climate system from anthropogenic greenhouse gas emissions,” says the UK attorney general in response to calls for more oversight for states – as some commentators label this a missed opportunity.
The government failed to fully assess the impact of its energy plans upon the rights of current and future generations of children – and therefore acted unlawfully, a court has ruled. With analysis from Chandni Gopal, partner at Webber Wentzel in Johannesburg.
Against a backdrop of compromise and limited global progress at COP29 on mitigation and adaptation, a CCC report finds renewed engagement from the UK government and positive developments in carbon trading.
The Swiss government has opened a consultation on amending the Ordinance on Climate Disclosures – after the European Court of Human Rights found in April that the country had “critical gaps” it its domestic regulatory framework.
Greenpeace accepts no liability over its 2023 occupation of a Shell-contracted ship but agrees to donate £300,000 to the UK’s Royal National Lifeboat Institution and to avoid protesting at four Shell sites in the North Sea.
Listed companies – and others that “have a significant weight in the jurisdiction” – will be required to fully adopt Hong Kong’s ISSB-aligned standards by 2028.
Case management begins on 10 December at the Admiralty court in London, in which Shell is seeking £1.09 million in costs and a ban on all future Greenpeace protests – while the environmental activists say it is an “intimidation lawsuit”.
The investment bank says it is focused on the “increasingly elevated sustainability standards and reporting requirements imposed by regulators around the world” – as US Republican lawmakers and enforcers continue to rail against the role of the financial services industry in the drive to achieve net zero.
At the International Court of Justice climate change hearings this week, China said it believes the groundbreaking ITLOS opinion “goes against UNCLOS’s intent”. With commentary from Sophie Lamb KC at Latham & Watkins and Louise Barber at Herbert Smith Freehills.
The project assesses the climate policies of 30 jurisdictions with the help of pro bono contributions from 48 law firms and aims to address the “implementation gap” between climate targets and results. The team behind the initiative and lawyers on its advisory board talk to Forward Law Review.
“The outcome of these proceedings will reverberate across generations,” say island states who argue that “a profound sense of urgency” is needed to tackle climate change - while the US argues that current international agreements are sufficient.
The EUDR is now expected to apply from 30 December 2025 – along with an ‘emergency break’ – after the European People’s Party abandoned its controversial no-risk amendment.
A KPMG survey on sustainability reporting found that while 80% of all corporations use materiality assessments, larger companies are more likely to use double materiality processes that assess their impact on society and the environment – and how this affects their financial performance.
After two years of negotiations, efforts to create a globally binding treaty to tackle plastic production and waste reached an impasse – despite support from major companies such as Unilever and Kraft-Heinz to introduce global regulation of the plastics industry.
Following our focus on Eni v Greenpeace Italy, Forward Law Review considers the current state of anti-SLAPP legislation in the UK and asks: are more laws to protect free speech needed?
The new rules ensure oversight by the European Securities and Markets Authority and aim for greater consistency and transparency in rating ESG products across the European Union.
A global biodiversity fund seeks payment from sectors benefitting from digital sequencing information – potentially covering agriculture, biotech, cosmetics, pharma and AI. Bart Van Vooren at Covington & Burling tells Forward Law Review why the UN-backed plan, as it stands, will fail.
Ursula von der Leyen announced that the European Commission is looking at reducing the corporate sustainability reporting burden by folding the taxonomy, CSRD and CSDDD into a single piece of legislation.
The Paris Agreement Crediting Mechanism was finally given the go-ahead in Baku, Azerbaijan, bringing a carbon crediting mechanism and country-to-country trading a step closer – although reactions were mixed.
Manuela Demarche Mello of Trench Rossi in São Paulo talks to Forward Law Review about how the Brazil-US energy partnership will align with Brazil’s sustainability-focused Nova Indústria policy.
From client demand to climate risks: Linklaters’ sustainability director Matt Sparkes explains why the firm wants to prove it’s a responsible business.
The last minute announcement of a new finance goal of US$300 billion triples the previous figure to help countries affected by climate disasters but falls far short of the US$1.3 trillion target.
The 2024 EY Global Climate Action Barometer reveals that fewer than half of large companies worldwide have published a transition plan for climate change mitigation.
The government has launched a public consultation after 21% of National Health Service suppliers were found to be at ‘high risk’ of supply chain modern slavery.
The European Parliament voted last week to delay the Deforestation Regulation and introduce a controversial ‘no-risk’ category, but the Council today said it will maintain its original position.
Palm oil sourced from illegally cleared land has infiltrated the global supply chain of major brands – casting doubt on the readiness of producers to comply with the EUDR, according to a report by an environmental organisation.
The New York Supreme Court found the Department of Environmental Conservation had the authority to deny a Clean Air Act Title V permit to the Greenidge power plant, but that the agency’s final decision in the matter was arbitrary and capricious.
Sarah Court, deputy chair of the Australian Securities & Investments Commission, said that the regulator will continue to focus on greenwashing and “misleading claims relating to ESG credentials” in 2025.
Maurits Dolmans and Andreas Wildner at Cleary Gottlieb analyse the Hague Court of Appeals judgment, finding that it is likely to have important implications for future litigation against oil and gas companies.
Oil company Shell has won a significant victory after a Dutch appeals court found the company could not be compelled to make a 45% cut to its carbon emissions by 2030.
Greenpeace and Uplift are challenging UK government consent for oil and gas extraction, although the government has already said it will not contest it.
The Australian Securities and Investment Commission is asking for feedback on its sustainability reporting guidelines ahead of the new reporting regime beginning in January 2025.
The goal of the bill, which prohibits vertical integration, introduces offences for non-compliance and underpins job creation, is to drive up oil production.
Forward Law Review asked lawyers in the United States, Canada and Europe what they consider to be the greatest challenges – and opportunities – when Donald Trump enters the White House in January.
The proposed targets and cap-and-trade scheme face significant opposition, though lawyers say the federal government is unlikely to make major changes to its draft regulations.
An Ontario Securities Commission study found that ESG ratings were “second only to a fund’s past performance” in influencing investors when choosing funds.
The Taskforce on Nature-related Financial Disclosures says KPMG, Qantas, Manulife and EDP are among the organisations that will now produce voluntary reports.
Companies and government bodies escape fines despite late submissions and variable progress in the milestone report mandated by Canada’s modern slavery law.
Sharon Singh becomes co-head of McMillan’s indigenous and environment practice and is the second Bennett Jones partner to join the firm’s Vancouver office in recent months.
Downward trends in security and the rule of law are blamed for stagnation in governance and rights advances, according to a report – although there have been positive developments in some areas.
The European Commission has approved the plan and says competition will not be distorted in supporting the steel producer’s transition from coal-based production to a low emission system.
The Court of Appeal for Ontario found that a Superior Court justice had “erred in her analytical approach” in determining that Mathur is a positive rights case.
The Hawaii Supreme Court ruled that Aloha Petroleum’s insurance policy does not cover for damage caused by greenhouse gas emissions as they are pollutants under the policy wording.
The government intends to create “Made-in-Canada sustainable investment guidelines” with the goal of reaching net zero by 2050 – although deadlines remain vague.
The government announced the funding, together with several other net zero investment schemes, ahead of its International Investment Summit on 14 October.
The World Economic Forum has published an open letter signed by over 100 corporate leaders from companies such as AstraZeneca, BBVA, Deloitte, Enel and Siemens AG.
ClientEarth is pursuing two lawsuits that it claims will bring an end to “hugely unsustainable” fishing in the EU, with one aimed specifically at French trawling.
State Attorney General Rob Bonta alleges ExxonMobil engaged in a “campaign of deception” over decades that “caused and exacerbated the global plastics pollution crisis”.
Consultancy urges boards to take a more proactive role in making net zero central to the way their businesses operate – before policymakers and resource scarcity force them to do so.
Court criticises “absurd” legal arguments made by West Cumbria Mining and applies Supreme Court ruling that long term or ‘downstream’ contributions to fossil fuel emissions must be taken into account in environmental impact assessments.
A group of five NGOs has initiated legal proceedings against the European Commission after it rejected their request to review its decision to classify some types of aviation and shipping as eligible for inclusion in the EU sustainable finance taxonomy.
A lack of specific targets beyond 2030 in South Korea’s Carbon Neutrality Act means the state is failing to protect its citizens’ rights, the Constitutional Court says.
Highlighting a recent UK Supreme Court decision on the assessment of new oil field development consents, the government says it will not fight judicial reviews brought against the development of two offshore oil and gas fields operated separately by Shell and Equinor.
A landmark greenwashing fine against investment company Mercer Superannuation heralds a tighter regulatory framework for ESG financial products in Australia.
Great British Energy will combine public and private investment, but questions remain over how the company will interact with the UK’s existing energy sector
The Climate Change Act establishes carbon targets, adaptations and mitigations – as well as fines and imprisonment for non-compliance – but key regulations are missed and a question remains over its start date.
Friends of the Earth forces the UK government into a legal battle in the High Court, arguing that it is in breach of its own laws on climate change adaptation.
Under pressure from companies struggling to comply with the country’s Supply Chain Due Diligence Act, the German government has announced plans to reduce the burden on two-thirds of companies affected by it.
Australia’s competition agency has issued a draft guide on how ‘sustainability collaborations’ between competitors can avoid breaching the country’s criminal cartel laws.
A second round of negotiations with member states has succeeded where the first failed: the Corporate Sustainability Due Diligence Directive will finally come into force on 26 July 2024.
