22 Oct, 2024 SEC Fines Investment Adviser $4 Million for Improper Labeling of ESG Funds By Jacob H. Hupart On October 21, 2024, the SEC imposed a fine of $4 million on investment adviser WisdomTree Asset Management Inc. for improperly labeling...
11 Oct, 2024 State Court Rules California Has Jurisdiction Over Fossil Fuel Companies In Connection With Climate Change Lawsuits By Jacob H. Hupart Over the past several years, there have been more than three dozen lawsuits launched against the major fossil fuel companies seeking...
10 Oct, 2024 Hawaii Supreme Court Rules That Insurance Policies Do Not Cover Fossil Fuel Companies' Climate Change Damages Caused by Greenhouse Gas Emissions By Jacob H. Hupart This week, the Hawaii Supreme Court--in response to certified questions of law from the federal district court in Hawaii--held that the...
01 Oct, 2024 Missouri Abandons Appeal of Court Decision Striking Down State Anti-ESG Rules By Jacob H. Hupart Last month, a federal district court struck down Missouri's anti-ESG rules that would prohibit investment advisors from utilizing ESG...
19 Sep, 2024 Recent Greenwashing Litigation Focuses on Consumer Products By Jacob H. Hupart Over the past couple of weeks, there have been a pair of greenwashing lawsuits filed--by both private plaintiffs and government...
19 Sep, 2024 Texas Sued By Environmental Group For Anti-ESG Law By Jacob H. Hupart On September 1, 2021, the State of Texas enacted a law (SB 13) that constitutes one of the most far-reaching anti-ESG laws among the...
17 Sep, 2024 California Legislature Refuses to Extend Deadline for Compliance with Climate Disclosure Laws By Jacob H. Hupart Recently, Governor Newsom proposed that California delay the implementation of its recently-enacted climate disclosure laws for two...
13 Sep, 2024 SEC Disbands ESG Task Force By Jacob H. Hupart It has been reported that the Securities & Exchange Commission has disbanded its Climate & ESG Task Force. This same task force had been...
19 Aug, 2024 Canada Increases Enforcement Focus on Greenwashing By Jacob H. Hupart As of June 2024, Canada added certain provisions to its Competition Act that explicitly target the practice of greenwashing. In...
19 Aug, 2024 Australia Introduces Climate Disclosure Laws By Jacob H. Hupart Companies in Australia will soon have to abide by a set of significant climate disclosures aligned with the International Sustainability...
15 Aug, 2024 Federal Court Bars Missouri's Anti-ESG Investment Rules By Jacob H. Hupart Yesterday, Judge Bough (W.D. Mo.) issued a decision barring the recent anti-ESG rules Missouri had promulgated that prohibited investment...
15 Aug, 2024 It Costs to Emit Carbon: Interest Rates on European Corporate Debt Increase Based on Carbon Emissions By Jacob H. Hupart Last week, the Dutch central bank released a study that concluded that “[s]ince 2020, a clear price difference has emerged between the...
14 Aug, 2024 Congressional Democrats Press For Integration of Climate-Related Financial Risks in Insurance Regulation By Jacob H. Hupart On August 12, 2024, three Congressional Democrats (Casten (D-IL); Waters (D-CA); and Senator Whitehouse (D-RI)) sent a letter to the...
14 Aug, 2024 State of Hawaii Enters into Climate Change Settlement With Youth Plaintiffs By Jacob H. Hupart On June 24, the State of Hawaii entered into a settlement agreement with a group of thirteen plaintiffs, all minor children, concerning...
13 Aug, 2024 Connecticut Lawsuit Against Major Fossil Fuel Company Survives Motion to Dismiss By Jacob H. Hupart A couple of weeks ago, a lawsuit brought by the State of Connecticut against a major fossil fuel company, alleging various violations of...
13 Aug, 2024 SEC Argues That Climate Disclosure Regulation Survives Demise of the Chevron Doctrine By Jacob H. Hupart Earlier this year, the SEC issued its long-awaited regulation concerning mandatory climate disclosures. As expected, this climate...