News & Analysis as of

Environmental Social & Governance (ESG) NGOs

ArentFox Schiff

Two Reasons Why Environmental Citizen Suits Pose Increasing Risk to Businesses

ArentFox Schiff on

Back in the 1970s, US Congress passed laws that allow private parties to bring citizen suits to enforce federal environmental laws. While those statutes have not significantly been amended, changes in both administrative law...more

BCLP

ESG Continues to Face Courts in France

BCLP on

The CSDD Directive thus adopted goes well beyond the obligations under the French corporate law on duty of care: it widens the scope of the companies concerned and imposes heavy penalties. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Seven Myths About the US Law Banning Imports Made With Forced Labor | Insights

Key Points - - In light of the vigorous enforcement of the Uyghur Forced Labor Prevention Act, boards in their oversight role should ensure that their companies conduct heightened diligence on their supply chains, including...more

A&O Shearman

How ESG, deferred prosecution and tax enforcement shape the French corporate crime landscape

A&O Shearman on

Environmental, Social and Governance (ESG) litigation continues to be a hot topic, before both the French commercial and criminal courts. The number of French-style deferred prosecution agreements (Convention Judiciaire...more

ArentFox Schiff

ESG Litigation Update: Hawaii Supreme Court Allows Petroleum Industry Climate Case to Proceed

ArentFox Schiff on

A recent Supreme Court of the State of Hawaii decision permitted climate-related claims against major petroleum and gas companies to proceed toward trial. The decision in City and County of Honolulu v. Sunoco LP allows...more

Jones Day

High Court Dismisses ClientEarth's Application to Initiate Proceedings Against Shell's Directors

Jones Day on

Introduction - On July 24, 2023, the High Court dismissed ClientEarth's application for permission to bring a shareholder derivative claim against Shell's directors (the "Board") for breach of directors' duties under the...more

ArentFox Schiff

ESG Update: NGOs Push Substantive Policy Agendas in Comments to FTC’s “Green Guides”

ArentFox Schiff on

In recent years, “sustainability” has gone from being a niche product approaching, in some quarters, a religion. Few would argue with the proposition that issues like climate- and carbon-neutrality and recyclability have...more

ArentFox Schiff

ESG Litigation Update: Circular Economy-Focused Litigation

ArentFox Schiff on

Americans have been “recycling” since colonial times. However, it wasn’t until the 1960s that Americans began viewing recycling ― often provided alongside rubbish removal ― a more formal solution to problems posed by consumer...more

Dechert LLP

Directors Beware: The Climate is Changing with ESG Claims on the Rise

Dechert LLP on

There is a growing trend of shareholders and other stakeholders using litigation to hold companies and their directors accountable regarding ESG issues. Shareholder activists and other stakeholders are using the courts in...more

ArentFox Schiff

Ten Environmental and Energy Issues to Watch in 2023

ArentFox Schiff on

What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a...more

ArentFox Schiff

ESG and Sustainability Litigation as Vehicles to Compel Environmental Policy Change

ArentFox Schiff on

US environmental policy changes tend to occur at a glacial pace, particularly at the federal level. Frustrated with the pace of change, environmental non-governmental organizations (NGOs) and state regulators are increasingly...more

J.S. Held

Crosscurrents: J.S. Held’s Environmental, Social & Governance Observations (Impacts of ESG Enforcement)

J.S. Held on

Former Securities and Exchange Commission (SEC) Commissioner Allison Herren Lee gave an incredibly insightful keynote address at the 2021 Society for Corporate Governance National Conference and spoke to the expanding...more

Jones Day

ClientEarth Threatens Legal Action Against Shell's Directors in England and Wales

Jones Day on

On 15 March 2022, ClientEarth announced that it had written to Shell's board of directors informing them of its intent to bring a claim on behalf of the company for the board's failure to implement a Paris Agreement compliant...more

Jones Day

ESG Risks for Financial Institutions Operating in the United States: What to Expect in 2022

Jones Day on

ESG considerations will continue to play an ever-increasing role in financial markets in 2022. ESG-related transactions will continue to present significant opportunities for financial institutions as they respond to and...more

Perkins Coie

Child Labor and COVID-19—It’s Time to Make Meaningful New Year’s Supply Chain Resolutions

Perkins Coie on

The holiday season is a time for contemplation, reflection, and planning for the future. Having spent nearly two years in a pandemic, moreover, has no doubt caused many of us to reassess our values and priorities. With the...more

Kilpatrick

7 Key Takeaways - ESG, Climate Change Science, and Uncertainty: What Should Your Strategy Be?

Kilpatrick on

Kilpatrick Townsend Partner Todd Roessler recently spoke with other industry leaders David Golden, Former Senior Vice President, Chief Legal & Sustainability Officer, and Corporate Secretary of Eastman Chemical Company and...more

Seyfarth Shaw LLP

ESG Disclosures: Lessons Learned and Best Practices [Part 3 of 4]

Seyfarth Shaw LLP on

In our previous alert, we described the sustainability reporting ecosystem shaping the disclosure parameters and approaches to voluntary disclosure given the lack of regulatory mandates on disclosure. ...more

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