The Rise in Greenwashing Claims - Energy Law Insights
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Australian Update - Climate-Related Disclosures Legislation Passed - The Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Bill 2024 (Cth) passed Parliament on 9 September 2024 and received Royal...more
ESG-related enforcement remains a top priority and focus for Australia's corporate regulators. Since our last update, there has been a steady stream of enforcement activity aimed at climate-related representations and...more
Australian Update - Proposed Code of Practice to Reduce Modern Slavery Through Lending, Investment and Asset Management - The New South Wales (NSW) Anti-Slavery Commissioner (Commissioner) recently released its discussion...more
Australian Update - Australia and EU Enter Into Critical and Strategic Minerals Partnership - On 28 May 2024, Australia and the European Union (EU) signed a Memorandum of Understanding (MOU) for a bilateral partnership to...more
AUSTRALIAN UPDATE - Updated Bill to Introduce Climate-Related Financial Reporting Regime - Background - The Australian Government released the first reading draft of the Treasury Laws Amendment (Financial Market...more
Australian Update - Australian Competition and Consumer Commission Enforcement Priorities for 2024-2025 - The Australian Competition and Consumer Commission (ACCC) has announced its enforcement and compliance priorities for...more
Australian Update - Australian Securities and Investments Commission Continues Greenwashing Enforcement Efforts - On 28 February 2024, the Australian Securities and Investments Commission (ASIC) reported that an outsourced...more
Australia continues to be a highly active jurisdiction for climate-related lawsuits. Since our last update in August 2023, we have seen a steady stream of suits commenced against corporations and government bodies in relation...more
Faced with increased scrutiny by consumers, regulators, shareholders and boards, Environmental, Social and Governance (ESG) considerations have been at the forefront for multinational companies globally. Multinational...more
Australian Update - ASIC to Focus on Net Zero Statements and Targets - On 21-22 November 2023, the Australian Securities & Investments Commission (ASIC) hosted the ASIC Annual Forum, outlining: The progress and outcomes ASIC...more
Australian Update - Warnings Issued About Active Investment Greenwashing As reported by the Australian Financial Review, Australian Securities and Investments Commission (ASIC) has warned that superannuation funds who justify...more
In Australia, heightened enforcement activity, proposed regulatory regimes focused on ESG matters and other market developments are influencing the ESG risks and priorities for organisations operating here....more
On August 10, 2023, the Australian Securities and Investments Commission (ASIC) announced its third civil penalty proceeding this year for greenwashing against LGSS Pty Limited, which is trustee for superannuation fund Local...more
The ACCC sets out best marketing practices and companies’ obligations under the Australian Consumer Law, including strict penalties that may follow. In July 2023, the Australian Competition and Consumer Commission (ACCC)...more
In July 2023, the Australian Competition and Consumer Commission (ACCC) released draft guidance for businesses making environmental and sustainability claims (the Draft Greenwashing Guidance). The Draft Greenwashing Guidance...more
IN BRIEF - The Australian Competition and Consumer Commission (ACCC) has just issued its long anticipated guidance on the making of environmental and sustainability claims. The ACCC has set out eight principles which, in its...more
As we shift towards a carbon neutral economy, businesses are increasingly using environmental claims as a point of differentiation. Any representations made, including to consumers, other businesses or investors, must be...more
In a speech delivered at the Australian Finance Review’s ESG summit on June 5, 2023, the Australian Securities and Investments Commission’s (ASIC) Chair, Joe Longo, warned companies that greenwashing is an ongoing concern for...more
The Australian Competition and Consumer Commission (ACCC) Chair, Gina Cass-Gottlieb, has outlined the Commission's ambitious compliance and enforcement priorities for 2023-24....more
On February 28, 2023, Australia’s securities regulator, the Australian Securities and Investments Commission (ASIC), announced that it had commenced “civil penalty proceedings” in federal court against Mercer Superannuation...more
The Australian Securities and Investments Commission (ASIC) appears to be making up for lost time as it imposed another greenwashing-related penalty, this time against Black Mountain Energy, an upstream oil and gas company,...more
[co-author:Leila Fleming] Good evening! This is Akin Gump’s weekly policy newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from this past week and...more
The Australian Securities and Investment Commission (ASIC) has released its new Corporate Plan, outlining its plans for the next year, and strategic priorities for the next four....more
In Short - The Situation: The Australian Securities and Investments Commission ("ASIC") has released guidance to superannuation and managed funds as to how to avoid the risk of greenwashing when promoting...more
In June 2022, the Australian Securities and Investment Commission (ASIC) released guidance (INFO 271) for entities offering sustainability-related financial products to avoid making misrepresentations in promotional material,...more