3/27/2025 9:03:15 PM SEC Abandons Climate Disclosure Rule By Jacob H. Hupart As expected, the SEC under the Trump Administration has abandoned the climate disclosure rule promulgated by the Biden Administration. ...
2/24/2025 5:20:56 PM Red State AGs Sue New York State in Challenge to Climate Change Superfund Act By Jacob H. Hupart In December 2024, the State of New York enacted the “Climate Change Superfund Act,” which would impose retroactive fines on fossil fuel...
2/24/2025 5:19:19 PM Greenwashing Lawsuit Against Lululemon Dismissed by Federal Court By Jacob H. Hupart On February 18, 2025, Judge Bloom (S.D. Fla.) dismissed a lawsuit against Lululemon, the athleisure company, that centered upon...
2/20/2025 2:55:16 PM Biden Administration's DOL Rule Permitting ESG Investments Survives Legal Challenge By Jacob H. Hupart Last week, a federal district judge in the Northern District of Texas upheld a rule promulgated by the Biden Administration's Department...
2/14/2025 2:38:43 PM Increasing Divergence Between US and EU Banks in Approach to Climate Change By Jacob H. Hupart Over the past several weeks, each of the major US banks have announced their withdrawal from the Net Zero Banking Alliance (presumably in...
2/13/2025 3:08:26 PM SEC Begins Process of Eliminating Climate Disclosure Rule By Jacob H. Hupart In a development that could hardly be termed unexpected, the Trump Administration SEC has begun the process of unraveling the climate...
2/6/2025 2:36:33 PM California Climate Disclosure Laws Survive Significant Challenge By Jacob H. Hupart Judge Wright (C.D. Cal.) has significantly narrowed the Chamber of Commerce's lawsuit challenging California's climate disclosure laws. ...
1/11/2025 2:37:32 PM Federal Court Rules ESG-Guided Investing of 401(k) Plan Is a Breach of Fiduciary Duty By Jacob H. Hupart Following a bench trial, Judge O'Connor (N.D. Tex.) held that “that Defendants breached their fiduciary duty by failing to loyally act...
12/20/2024 2:52:04 PM Montana Supreme Court Upholds Climate Ruling Enshrining Right to a "Stable Climate" By Jacob H. Hupart On December 18, 2024, the Montana Supreme Court issued a ruling upholding a lower state court's decision that, under Montana's...
12/19/2024 4:52:37 PM EU Seeks to Improve ESG Ratings By Jacob H. Hupart On November 19, 2024, the EU Council adopted a new regulation on ESG ratings, which “aim[s] at making rating activities in the EU more...
12/18/2024 2:32:55 PM California Regulator Solicits Public Input Into Development of Mandatory Climate Disclosure Regulation By Jacob H. Hupart On December 16, 2024, the California Air Resources Board--the regulatory agency responsible for implementing California's mandatory...
12/13/2024 7:23:41 PM California States It Will Exercise "Enforcement Discretion" for First Year of Climate Disclosures If Companies Act in Good Faith By Jacob H. Hupart On December 5, 2024, the California Air Resources Board--the agency responsible for implementing California's climate disclosure...
12/4/2024 4:11:20 PM Eleven States Sue Asset Managers for Alleged ESG Antitrust Violations By Jacob H. Hupart The day before Thanksgiving, eleven Republican state attorneys-general (representing Texas, Alabama, Arkansas, Indiana, Iowa, Kansas,...
12/3/2024 2:49:04 PM EU Rules Will Impose Mandatory Climate Disclosures on U.S. Companies By Jacob H. Hupart According to a recent report, the climate disclosure rules recently promulgated by the European Union will compel more than 3,000 U.S....
12/2/2024 10:52:47 PM Maine Sues Major Fossil Fuel Companies By Jacob H. Hupart Last week, the State of Maine became the latest state or local government to sue the major fossil fuel companies for damages related to...
11/26/2024 4:20:11 PM Dutch Appeals Court Rules That Shell Does Not Need to Reduce Its CO2 Emissions by Specific Amount By Jacob H. Hupart Three years ago, a court in the Netherlands had ruled that Shell--a multinational fossil fuel company based in the Netherlands--had the...