13 Dec, 2024 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...
04 Dec, 2024 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,...
03 Dec, 2024 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....
02 Dec, 2024 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...
26 Nov, 2024 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...
26 Nov, 2024 SEC Issues Risk Alert About Greenwashing and ESG Disclosures By Jacob H. Hupart On November 4, the SEC's Division of Examinations issued a risk alert that identified systematic problems with funds' ESG disclosures. ...
25 Nov, 2024 SEC Imposes $17.5 Million Fine Against Investment Adviser for Greenwashing By Jacob H. Hupart On November 8, the SEC and an investment advisor entered into a settlement to resolve an administrative proceeding featuring allegations...
25 Nov, 2024 California Climate Disclosure Rules Survive Significant Early Challenge By Jacob H. Hupart On November 5, a federal district court judge in California denied plaintiffs' motion for summary judgment in a facial challenge to...
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...