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PFAS Regulation Debrief: A Strategic Guide for Stakeholders
2025-09-09 | Morningstar
The evolving PFAS regulatory landscape presents significant ESG risks. New EPA regulations, including stricter drinking water standards and hazardous substance designations, amplify the "polluter pays" framework. From an expert witness standpoint, this escalates corporate liability and necessitates greater transparency. We foresee increased litigation over historical contamination and deficient risk management. Proactive PFAS footprint management is now crucial for companies to avoid severe financial and reputational repercussions, making this a key concern for investors and stakeholders.
Alberta government creating standards for releasing oil tailings into environment
2025-09-05 | CBC
The Alberta government has accepted a recommendation to establish standards for the release of treated oilsands tailings into the environment. This plan addresses the nearly 1.4 trillion liters of toxic byproducts currently stored.
From an ESG perspective, an expert witness would be crucial in evaluating this plan. They could testify on the environmental risks, questioning the effectiveness and safety of current treatment technologies mentioned in the report. Socially, they could speak to the significant concerns of Indigenous communities and the potential impact on the Athabasca River. On governance, they could analyze the collaborative framework proposed between industry, communities, and government, assessing its potential for ensuring responsible and scientifically sound tailings management.
Both Convergence and Divergence Seen in Emerging State Climate Disclosure Bills
2025-09-04 | JD Supra
For ESG expert witnesses, the key takeaway is the dual trend of convergence and divergence in U.S. state-level climate disclosure bills. While states like California, New York, and others show convergence by adopting the Greenhouse Gas Protocol and requiring third-party assurance for Scope 1, 2, and 3 emissions, significant divergence exists in reporting thresholds, phase-in schedules for Scope 3, and penalty structures. This creates a complex compliance landscape, where expert testimony will be crucial to navigate the material differences in legal requirements and establish defensible reporting strategies across jurisdictions.
Municipal Litigation Lottery - Growing judgments against cities are helping bust budgets.
2025-09-03 | City Journal
A surge in municipal litigation is creating a fiscal crisis for American cities, a key concern for ESG experts. This trend is driven by poor governance, including flawed legislation and an eagerness of city officials to settle lawsuits. The rising costs are linked to claims stemming from neglected infrastructure and a variety of social issues, including workplace harassment and special education needs. These unchecked liabilities, which ultimately fall on taxpayers, highlight significant failures in municipal risk management and threaten the long-term financial sustainability of cities, signaling a critical need for governance reform.
Greenwashing Legislation Trends: Key Takeaways for Businesses
2025-09-02 | Ropes & Gray
Global regulatory bodies are intensifying their scrutiny of environmental claims, moving beyond explicit falsehoods to address misleading implications and omissions. For expert witnesses, this signifies a crucial shift toward requiring robust, independent verification of all corporate environmental assertions. Both EU and U.S. legislation now demand that "green" claims are not only factually accurate but also unambiguous to the average consumer. Expert testimony will be pivotal in dissecting the nuances of these claims, ensuring they are substantiated by transparent, credible data.
Is the law the last bastion of climate action?
2025-08-27 | Canadian Centre for Policy Alternatives
As an ESG-focused expert witness, the article "Is the Law the Last Bastion of Climate Action?" suggests that climate litigation is becoming a significant driver of corporate and government policy. Legal action is succeeding and forcing decision-makers to address climate science, which has been a major challenge in the environmental and governance aspects of ESG. The opinion by the International Court of Justice and other legal cases provide a strong basis for holding entities accountable, indicating that legal frameworks are now a critical tool for achieving climate targets. The article also touches on related ESG topics like just transition and human rights, highlighting the evolving and expanding scope of legal and regulatory risks for businesses.
EPA Proposes Rollback of Climate and Power Plant Regulations
2025-08-19 | Jackson Walker
In response to President Trump's energy agenda, the EPA has proposed a rollback of climate and power plant regulations. This includes repealing the Biden-era Carbon Pollution Standards and returning to the original 2012 Mercury and Air Toxics Standards. These actions prioritize economic competitiveness, are expected to be challenged legally, and could make project economics more predictable for power developers.
Managing and Mitigating the U.S. PCB Litigation Risk
2025-08-18 | Bayer Global
Bayer is addressing U.S. litigation related to Polychlorinated biphenyls (PCBs), chemicals produced by the acquired company, Monsanto, until 1977. The lawsuits fall into three main categories: environmental impairment, property damage, and personal injury. Bayer has already settled with some municipalities and states, but continues to defend against other pending cases.
ESG-Related Regulatory Risks in the Energy Sector: A Post-Wildfire Market Reckoning
2025-08-16 | AInvest
In the aftermath of the 2024 Texas wildfires, utility companies face heightened regulatory and financial risks due to their ESG commitments. The Texas Attorney General is investigating Xcel Energy, alleging that its focus on ESG and DEI priorities led to neglected infrastructure, potentially causing the fires. This probe highlights a growing trend of regulators holding companies accountable for tangible harms and is a warning for investors to scrutinize firms with aggressive ESG goals but weak maintenance practices.
ESG Litigation Highlighted Among The Top 5 Most Underrated but Highly Profitable Legal Niches for 2025
2025-08-09 | Law Fuel
ESG has become a primary factor in both legal risks and opportunities. ESG lawyers specialize in guiding businesses through complex compliance and litigation issues. This includes defending companies against lawsuits over their carbon emissions and public disclosures, advising on supply chain human rights regulations such as the EU's Corporate Sustainability Due Diligence Directive, and handling legal challenges related to misleading "greenwashing" claims. The financial rewards are significant because companies are prepared to pay high fees to avoid costly litigation and reputational harm, making specialized knowledge in this field particularly valuable for lawyers.
How Has Environmental Litigation Changed Over Five Years?
2025-08-08 | Law Street Media
Over the past five years, environmental litigation has seen consistent activity, with a total of 2,591 lawsuits filed since 2020. Data shows that the United States of America is the most frequent plaintiff, responsible for nearly 20% of cases, or about 90 per year. Other key plaintiffs include prominent environmental groups like the Center for Biological Diversity and the Sierra Club. This litigation often involves key statutes such as the Clean Air Act and the Clean Water Act.
Supreme Court’s Cert Denials Pave Way for Surge in Environmental Citizen Suits
2025-08-04 | American Bar Association
In June 2025, the U.S. Supreme Court's denial of certiorari in two key cases affirmed lower-court rulings, clearing the way for a potential surge in environmental citizen suits. This decision strengthens the ability of environmental groups to act as private attorneys general to enforce environmental laws and hold polluters accountable, which will increase compliance pressure and legal risk for businesses.
ICJ issues landmark advisory opinion on States’ legal obligations in respect of climate change
2025-07-24 | Lexology
The trend in climate change litigation is shifting to target companies, not just states. This is based on a growing duty of care for corporations and their directors to protect against dangerous climate change, a trend that continues to evolve with recent case law. To mitigate mounting ESG litigation risks, including class actions, companies are advised to adopt a proactive and transparent stance on ESG matters by implementing appropriate corporate governance.
Developments in ESG litigation - 2025
2025-06-01 | NautaDutilh
Cases on biodiversity and resource damage rise. Experts can cite due diligence failures, focusing on ecosystem impacts. Takeaways: Provide evidence on corporate responsibilities in global-US contexts.
ESG Investing Update: Trends in Legislation, Litigation, and Market Response
2025-05-06 | Morgan Lewis
Anti-ESG laws challenge ecology investments. Experts can use damage assessments in resource cases, drawing from state challenges. Takeaways: Quantify biodiversity losses for US liability claims.
Navigating DEI Disclosure amid Regulatory Shifts
2025-03-23 | Harvard Law School Forum on Corporate Governance
Shifts in DEI disclosures due to legal scrutiny. Experts can testify on compliance with anti-DEI laws, analyzing workforce data. Key: Balance transparency with risk, using qualitative metrics in US cases.
Norton Rose Fulbright’s 2025 Annual Litigation Trends Survey
2025-03-17 | Norton Rose Fulbright
Survey indicates rising ESG disputes involving toxic substances, with 27% expecting growth. Experts can testify on health risks from chemicals, drawing from DOJ actions and false advertising cases. Key: Provide evidence on long-term exposure effects, supporting litigation on misleading product safety claims in the US.
Litigation trends for 2025: what will this year hold for business and commercial disputes?
2025-02-05 | BCLP
EU ESG rules affect US safety litigation. Experts can testify on human rights in workplaces, emphasizing safety metrics. Key: Integrate ESG into compliance defenses.
What are the litigation trends in 2025?
2025-01-21 | Taylor Wessing
Trends include toxic substance claims under human rights frameworks. Experts should prepare analyses on chemical impacts on health, using global precedents. Takeaways for US: Integrate bias assessments in testimony to counter defense arguments on causation and regulatory compliance.
Greenwashing, plastic pollution, regulation rollbacks and aviation warnings: what’s next for ESG litigation in 2025?
2025-01-20 | Stewarts
Focuses on air pollution via aviation emissions lawsuits. Experts can use attribution science for emissions-health links, aiding claims against polluters. Takeaways: Quantify pollution damages in US cases, emphasizing regulatory rollbacks' impacts on community health.
ESG and Sustainability Insights: 10 Things That Should Be Top of Mind in 2025
2025-01-17 | Harvard Law School Forum on Corporate Governance
Focus on waste in value chains. Experts can testify on pollution control, using regulatory evidence. Takeaways: Quantify environmental damages for litigation.
ESG in 2024 and Outlook for 2025 in the US and EU: A Tale of Two Regions
2025-01-07 | National Law Review
The report highlights litigation over water-related greenwashing and climate impacts, such as island nations suing emitters for sea-level rise. Experts should prepare data on hydrogeological risks, emphasizing causation in damages claims. Takeaways include using statistical models for attribution science and regulatory compliance evidence in US cases, aiding testimony on corporate liability for water scarcity.
Climate Litigation: A Look at 2025 and Beyond
2024-12-29 | ESG The Report
Predicts rise in emissions-related suits against governments. Experts can draw on international obligations for US cases, focusing on air pollution's human rights violations. Takeaways: Use climate science to establish liability thresholds.
Workplace Safety in 2024: Trends, Challenges, and the Future
2024-12-04 | VelocityEHS
Safety integrates with ESG, facing staffing issues. Experts should quantify safety's business value, using impact metrics. Takeaways: Support claims on regulatory alignment in US cases.
ESG in 2024: A Midyear Review
2024-08-06 | Harvard Law School Forum on Corporate Governance
Human rights violations in supply chains rise. Experts can draw on ECHR rulings for US cases, focusing on community protections. Key: Substantiate rights breaches with evidence.
July 2024 Updates to the Climate Case Charts
2024-07-08 | Sabin Center for Climate Change Law
Expert witnesses can reference recent settlements like Hawai‘i's transportation emissions reduction plan and Brazilian lawsuits against thermoelectric plants for GHG emissions. Key takeaways include the need for detailed emissions inventories and interim targets, as seen in cases challenging water neutrality claims and fossil fuel projects. These provide precedents for quantifying hydrogeological impacts and supporting claims on water resource depletion in US and global contexts.
Global trends in climate change litigation: 2024 snapshot
2024-06-26 | Grantham Research Institute
This snapshot details cases linking climate change to water resources, like droughts and pollution. Experts can draw on trends in polluter pays principles for hydrogeology testimony, focusing on emissions' role in altering water cycles. Key for US litigation: substantiate claims with scientific evidence on groundwater impacts and community rights.
Diversity, Equity, and Inclusion in the 2024 Proxy Season: A New Era of Scrutiny
2024-06-12 | Harvard Law School Forum on Corporate Governance
Increased anti-DEI proposals signal scrutiny. Experts should evaluate program legality, focusing on equal opportunity. Takeaways: Link DEI to business goals, supporting defense in shareholder litigation.
2024 Proxy Season: The Importance of Evaluating DEI, ESG, and Corporate Social Responsibility Disclosures
2024-03-03 | Morgan Lewis
Post-Supreme Court, DEI programs face reverse discrimination suits. Experts should assess policy impacts on hiring, using data to defend merit-based systems. Takeaways: Quantify DEI metrics' business ties, mitigating US litigation risks.
ESG and Employment Key Disputes Risks in 2024 Says New Survey From Baker McKenzie
2024-01-25 | Baker McKenzie
Employment disputes link to safety in ESG. Experts should analyze restructuring impacts on safety compliance. Takeaways: Use data on union pressures for US workplace risk testimony.
Product liability in the EV era: A growing risk for the unprepared
As electric vehicles (EVs) become more common, the risk of product liability for manufacturers is a growing concern. A key issue is the lack of a robust and skilled EV repair and servicing infrastructure. Many traditional auto businesses are not equipped to handle the complexities of EVs, which rely on sophisticated battery systems, high-voltage components, and complex software. This creates a gap between consumer expectations for safe and competent servicing and the industry's current capabilities. This gap increases the risk of malfunctions and safety failures, potentially leading to battery fires or loss of vehicle control, and raises questions of liability between the manufacturer and the repairer.