6/10/2025 4:05:02 PM Ratings Agency Announces That It Will Analyze Physical Climate Risk When Evaluating Certain Assets By Jacob H. Hupart Recently, Fitch Ratings issued a discussion paper that outlined a “contemplated framework for the analysis of physical climate risk for...
6/3/2025 2:29:14 PM New York City's Climate-Focused Local Law 97 Upheld By New York Court of Appeals By Jacob H. Hupart On May 22, 2025, the New York Court of Appeals--the highest court in New York State--unanimously upheld New York City's Local Law 97...
6/2/2025 1:56:35 PM Federal Reserve Disbands Climate-Focused Internal Groups By Jacob H. Hupart It has been reported that the Federal Reserve has disbanded certain internal groups that were intended to develop “institutional capacity...
5/30/2025 2:28:27 PM Trump Administration Will Replace the Biden Administration's Department of Labor Rule Permitting ESG Investing By Jacob H. Hupart Under the Biden Administration, the Department of Labor ("DOL") had issued a rule that permitted ESG factors to be considered when making...
5/28/2025 2:38:35 PM Trump Administration Files Statement of Interest Supporting State AG Action Against Asset Managers Accused of ESG-related Antitrust Violations By Jacob H. Hupart Last week, the Trump Administration's FTC and DOJ (Antitrust Division) filed a statement of interest in support of a lawsuit filed last...
5/23/2025 5:07:48 PM Pennsylvania State Court Dismisses Climate Tort Litigation Against Major Fossil Fuel Companies By Jacob H. Hupart A local state court in Pennsylvania recently dismissed an array of climate tort claims brought against major fossil fuel companies by a...
5/14/2025 2:20:56 PM Colorado Supreme Court Allows Climate Tort Litigation to Proceed By Jacob H. Hupart On May 12, 2025, in a 5-2 decision, the Colorado Supreme Court held that the tort claims brought by local governments in Colorado against...
4/28/2025 2:22:17 PM Trump Issues Executive Order Targeting State Action on Climate Change By Jacob H. Hupart Earlier this month, President Trump issued an executive order that sought to target actions undertaken by individual U.S. states to...
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...
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...