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Insurance-focused climate lawsuit brought against US energy companies 

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.

EU unveils pathways to steer sectoral decarbonisation

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.

EU airline investigation results in ‘gold standard’ for communicating sustainability

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.

Forward 40: the next generation of ESG and sustainability lawyers 

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. 

EU refers Poland to CJEU for failing to submit climate strategy 

“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. 

Michelle Chikezie 

G Elias, Lagos

Emma Bichet 

Cooley, Brussels

Canadian regulator targets asset manager over ESG claims

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. 

Milieudefensie to reassess climate plans of major companies

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”.

Commissioner slams SEC status report on climate disclosures

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.

Extraterritorial reach of EU directives: compliance risks for African counsel

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.

EU Parliament votes for stop-the-clock Omnibus proposal

The European Parliament has given the go-ahead to delay CSRD reporting by two years to 2028 and to push back the application of CSDDD by one year to July 2028. The proposal passed by 531 to 69, with 17 abstentions.

Strengthening corporate accountability: lessons from my tenure as Canada’s first Ombudsperson for Responsible Enterprise

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.

Defence and ESG: weighing security against sustainability

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.

Global law firms in Trump crosshairs

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.

Georgetown dean rebuts DEI threat from DC US attorney

“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.   

COP 16 agreement reached on $200 billion biodiversity fund 

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.

Member states divided on scope of Omnibus revamp 

Germany joins France, Denmark and Spain in publishing position papers on the forthcoming Omnibus – but the scale of their recommendations varies significantly.

Jones Day boosts environmental practice in Sydney 

Elizabeth Wild joins the firm’s government regulation practice from Norton Rose Fulbright.

New EU regulations will temper growing maritime GHG emissions, EEA report finds

Seafaring GHG emissions have risen steadily since 2015, the European Environment Agency says, as the FuelEU Maritime Regulation comes into effect.

European Commission Responds to ClientEarth 

Olof Gill, Commission spokesperson for transparency, said on 3 January in response to ClientEarth’s complaint about amendments to its document transparency laws:  “Transparency is of...

SCOTUS rejects oil industry petition in Honolulu climate case 

Oil companies asked the Supreme Court to determine whether federal law trumps state-law claims relating to interstate and international GHG emissions. 

South African retirement funds prepare for growing ESG litigation

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.

US and EU push for sustainable aviation fuel

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.

Oxford University launches Climate Policy Monitor

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.

Swedish state gives SSAB €128 million to decarbonise steel production

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.

BlackRock targeted by NGO in greenwashing allegations

ClientEarth has petitioned the French markets authority, but BlackRock says its products meet all regulatory requirements.

Petroleum company not insured for climate claims

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.

CEOs call for urgent climate action

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.

Tyson Foods sued over “climate smart” beef claims

Non-profit group alleges greenwashing in US lawsuit filed against the world's second-largest meat producer.

Vanguard fined for misleading investors with ESG claims

Judge gives “25% discount”, but total fine of A$12.9 million for greenwashing investment portfolios remains record-breaking.

EY corporate governance survey advocates ambitious approach to sustainability 

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.

UK High Court confirms coalmine licence was granted unlawfully

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.

EU faces legal action over ‘sustainable’ label for aviation and shipping 

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.

Australian federal court approves $11.3m ESG greenwashing fine

A landmark greenwashing fine against investment company Mercer Superannuation heralds a tighter regulatory framework for ESG financial products in Australia.

UK government relinquishes battle to open first coalmine in decades

The battle to open the UK’s first coalmine in 30 years continues this week, despite the government dropping out of the legal fight. West...

EU gets lighter CSDDD over the line

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.