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Welcome to Horizon, DLA Piper’s regular bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions....more
Pressure from consumers, investors, and regulators to provide climate, environmental, and sustainability disclosures is increasing, but it is important for companies to ensure such disclosures are accurate, verifiable, and...more
Stretching the Truth? Class Action Targeting Lululemon Claims Athleisure Brand "Greenwashing" Its Environmental Impact - Claims of greenwashing in the ESG space continue: A Florida class action lawsuit alleges that...more
In this week’s edition, our focus remains on carbon credits where the first ever set of “Core Carbon Principles”-labelled carbon credits were approved. The three European supervisory authorities publish their final reports on...more
The U.S. Department of the Treasury (Treasury) announced a new joint statement of policy and new principles (Joint Statement) for responsible participation in voluntary carbon markets (VCMs) with the U.S. Department of...more
California’s unprecedented AB 1305 law purports to target “greenwashing” by mandating public disclosures about virtually any claim of “significant” carbon reductions, but its broad wording and uncertain effective date raise...more
Much of the attention on California of late has focused on the passing of two climate-related disclosure laws; namely, the Climate Corporate Data Accountability Act (“CCDAA”) (SB 253) and the Climate-Related Financial Risk...more
While California’s Climate Accountability Package has received much recent attention, another California climate disclosure bill targeting corporate greenwashing was also signed into law on October 7, 2023, and its...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
The voluntary carbon market is rapidly growing to match the increasing focus by corporate leaders on ESG efforts and net-zero goals. In 2021, the voluntary carbon market reached $2 billion, and by some estimates may be worth...more
A group of Delta Air Lines’ customers filed a class action suit alleging that the airline’s marketing claims of carbon neutrality are false and misleading. While this may be the first greenwashing case filed against a major...more
On July 28, 2022, a group of environmental nonprofits filed a lawsuit in Washington D.C. Superior Court against a utility alleging that various marketing statements referring to natural gas as “clean,” “carbon...more
As part of its legislative arsenal to combat climate change, France adopted the Climate and Resilience Law on August 22, 2021 ("Climate Law"), providing for a large number of binding measures against greenhouse gas ("GHG")...more
A growing trend has emerged in the ongoing effort to hold greenhouse gas emitters accountable for their contributions to global climate change. The first wave of climate change lawsuits in the U.S. against carbon majors —...more
Climate Change Regulatory Issues & Updates - New NEPA Proposed Rule from CEQ Leaves Uncertain How U.S. Federal Agencies Must Assess Climate Change Impacts - On October 7, 2021, the Council on Environmental Quality...more
Just days out from the 26th United Nations Climate Change Conference of the Parties ("COP26"), the Australian government has pledged to reduce greenhouse gas ("GHG") emissions to net zero by 2050. While Australia has been...more
On August 22, 2021, the French Parliament adopted the Climate and Resilience Law ("2021 Climate Law"). In aiming to accelerate the transition to a carbon-neutral and more resilient society, the 2021 Climate Law imposes...more