Civil Law

Defense Contractor Prohibition on Greenhouse Gas Emissions Disclosures

Department of Defense contractors are not permitted to “disclose a greenhouse gas inventory or any other report on greenhouse gas emissions.”

As governments across the United States are beginning to regulate greenhouse gas emissions, looking at the back story and teasing out the broad impact of this prohibition is worth our time.

We blogged, Government Proposes Federal Contractors and Their Suppliers Disclose GHG Emissions describing the November 14, 2022, proposed Federal Supplier Climate Risks and Resilience Rule that proposed to … Read the rest

Civil Law

New Allegations in World-first Lawsuit Over Clean Energy and Zero Emissions Claims

On 25 August, 2022, the Australasian Centre for Corporate Responsibility (“ACCR”) expanded its case against the Australian gas company, Santos Ltd. (“Santos”), with new and more detailed allegations around greenwashing.

Last year, ACCR filed a consumer protection lawsuit with the Federal Court of Australia regarding certain misleading or deceptive statements Santos made relating to its clean energy claims and net-zero representations in the 2020 Annual Report (which we reported here).  This was the first lawsuit in … Read the rest

Supreme Court

Justices grant arbitration case, won’t take up Volkswagen emissions cases

Justices grant arbitration case, won’t take up Volkswagen emissions cases

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Ten years ago, in AT&T v. Concepcion, the Supreme Court ruled that the Federal Arbitration Act requires courts to put arbitration agreements “on an equal footing with other contracts.” Concepcion involved a state law that treated arbitration clauses unfavorably. On Monday, the court agreed to hear a lawsuit from a fast-food worker who alleges that a lower court treated an arbitration clause too favorably.

The decision to take up the case, Morgan v. Sundance, Inc., came in … Read the rest