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Saturday, May 2, 2026

ESG Litigation Heats Up in Marketing, Climate Pollution, and DEI - Bloomberg Law

As more regulatory agencies develop task forces focused on environmental, social, and governance oversight, the potential for ESG-related enforcement actions is steadily increasing.

For example, the Securities and Exchange Commission recently created a Climate and ESG Task Force. The Southern District of New York launched a civil rights unit in its criminal division, and the Environmental Protection Agency instituted the Office of Environmental Justice and External Civil Rights.

Each newly minted federal regulatory task force will give rise to greater ESG-related enforcement action.

But governmental actions are simply one aspect of the ESG landscape that will be very active this year. For example, we also expect increased shareholder derivative lawsuits, consumer protection litigation, suits by environmental advocacy groups, employment discrimination claims—individual and class—and other private action litigation.

Green Marketing

Green marketing, including promotion of environmentally friendly products or services, is under increased scrutiny. Although consumer goods have long been the target of allegations of false or misleading marketing claims, these claims are on the rise in the green marketing space.

As consumers become more interested in the environmental attributes of products...



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