A brand new report has detailed an “explosion” in authorized challenges towards company local weather commitments, claims about product attributes, overstated investments or help for local weather motion, and failure to reveal local weather dangers, with case numbers virtually trebling since 2020.
In accordance with a brand new evaluation from the Grantham Analysis Institute on Local weather Change and the Surroundings on the London Faculty of Economics and Political Science, 26 so-called “climate-washing” circumstances have been filed towards company actors in 2022 in comparison with lower than 10 in 2020.Â
Excessive profile examples embrace the administrators of Shell being personally sued by environmental legislation group ClientEarth for allegedly failing to adequately handle the dangers posed to the oil and fuel firm by local weather change, and BNP Paribas being taken to court docket by a raft of NGOs over its local weather credentials, funding in fossil fuels and contribution to local weather change.
The report, “International tendencies in local weather change litigation: 2023 snapshot,” discovered 266 climate-related circumstances have been filed in 2021, adopted by an extra 222 new circumstances in 2022.Â
One of the crucial vital teams of climate-washing circumstances to emerge lately have been circumstances difficult the truthfulness of company local weather commitments.
Though the speed of latest circumstances slowed final 12 months, the report discovered the range of circumstances was rising. For instance, its authors registered extra litigation centered on biodiversity, the duties of governments and companies to guard the ocean, excessive climate occasions and short-lived local weather pollution.
Furthermore, of the two,341 historic climate-related litigation circumstances analyzed within the report, 1,157 have been introduced since 2015 — the 12 months of the Paris Settlement. Of those, 1,590 have been filed within the U.S., 130 in Australia, 102 within the U.Ok., and virtually 70 circumstances have been filed with the Court docket of Justice of the EU.
The research additionally discovered that greater than 50 % of local weather circumstances have “direct judicial outcomes that may be understood as favorable to local weather motion and in some circumstances these have led to effectively documented adjustments in coverage.”
Nonetheless, whereas a lot of profitable circumstances have led to adjustments in coverage, local weather circumstances proceed to have oblique impacts on decision-making regardless whether or not profitable.
The authors of the report, Joana Setzer and Kate Higham, stated that whereas circumstances involved with mis- and disinformation on local weather change are “removed from new,” current years have seen an “explosion” of climate-washing circumstances filed earlier than each courts and administrative our bodies equivalent to client safety companies.
The expansion in climate-washing circumstances displays broader considerations with company accountability for local weather pledges.
“One of the crucial vital teams of climate-washing circumstances to emerge lately have been circumstances difficult the truthfulness of company local weather commitments, significantly the place these usually are not backed up by satisfactory plans and insurance policies,” they stated.
“The expansion in climate-washing circumstances displays broader considerations with company accountability for local weather pledges together with ongoing debates in regards to the position of firms in local weather decision-making.”
The report, launched late final week, additionally discovered that within the 12 months to Could, climate-related circumstances have been recognized in seven new international locations — Bulgaria, China, Finland, Romania, Russia, Thailand and Turkey — whereas greater than 130 circumstances have been filed within the International South.
The report follows contemporary warnings from the European Banking Authority of a “clear improve” in potential circumstances of greenwashing throughout all monetary sectors, particularly in banking and funding.
A ballot commissioned by advisory agency Portland Litigation and Disputes additionally discovered U.Ok. public “overwhelmingly” helps firms and governments being taken to court docket over local weather impacts, injury to the surroundings and cases of greenwashing.
