Issue - April 14, 2026

Good morning. It’s Tuesday, April 14, and this week’s ESG Litigation Weekly covers the African Court on Human and Peoples’ Rights’ pending climate advisory proceeding and the African Energy Chamber’s announced bid to join it, IBM’s agreement to pay $17 million to resolve federal-contract discrimination allegations, the Argentine Chamber of Deputies’ final approval of reforms to the glacier protection law, and more.

African Energy Chamber Seeks to Join African Court Climate Advisory Proceeding
The African Energy Chamber (AEC) announced that it has applied to participate as amicus curiae in the pending African Court on Human and Peoples’ Rights (AfCHPR) advisory proceeding on African states’ human rights obligations in addressing the climate crisis. The underlying request, filed by the Pan African Lawyers Union in May 2025, asks the court to clarify states’ obligations under the African Charter and related instruments in the climate context. AEC said its proposed intervention is intended to ensure the court also considers Africa’s energy access, development, and industrialization priorities. The advisory proceeding has attracted amicus briefs and written observations from NGOs, academics, and other groups.
🔗 Read more → AEC’s Press Release, AfCHPR (Case Summary, Request for Advisory Opinion No. 001 of 2025), Case Docket via The Sabin Center for Climate Change Law's Climate Litigation Database

IBM Agrees to $17 Million Settlement Over Federal Contracting Discrimination Allegations
International Business Machines Corporation (IBM) agreed to pay $17,077,043 to resolve U.S. allegations that it violated the False Claims Act by failing to comply with anti-discrimination requirements tied to its federal contracts. The U.S. Department of Justice (DOJ) alleged IBM took race, color, national origin, or sex into account in employment decisions, including through bonus incentives linked to demographic targets, interview practices, and certain training and leadership programs. DOJ said IBM received cooperation credit and undertook remedial measures. The settlement resolves allegations only, with no determination of liability.
🔗 Read more → DOJ (Press Release, Settlement Agreement)

Brazil Court Temporarily Removes BYD from Labor “Dirty List”
A Brazilian labor court granted an injunction temporarily removing BYD from the government’s “dirty list” of firms linked to slavery-like labor conditions. The order provisionally removes BYD until a final ruling, after finding it may have been unlawful to list the company based on the premise that BYD was the workers’ real employer. The listing stemmed from a 2024 case involving a BYD contractor that hired 163 workers in Bahia, where authorities alleged degrading housing conditions and contract terms, including passport retention and wage deductions. The injunction can be appealed.
🔗 Read more → Reuters, Inspeção do Trabalho: Cadastro de Empregadores que tenham submetido trabalhadores a condições análogas à escravidão (updated on April 10, 2026)

OECD Complaint Targets Korean Public Banks’ LNG Carrier Financing
Solutions for Our Climate (SFOC) reported that it filed a complaint with the Korean National Contact Point under the OECD Guidelines for Multinational Enterprises against the Export-Import Bank of Korea, Korea Development Bank, and Korea Trade Insurance Corporation over their financing of LNG carriers. SFOC argues the institutions failed to conduct adequate environmental and human rights due diligence, including on lifecycle climate impacts and risks to affected communities. It describes the filing as the first OECD complaint against public financial institutions over support for LNG shipping.
🔗 Read more → SFOC’s Press Release

Ninth Circuit Affirms Dismissal of Youth Climate Case Challenging EPA Discounting Practices
The Ninth Circuit affirmed dismissal of G.B. v. USEPA, a youth-led constitutional climate case brought by 18 California children challenging the U.S. Environmental Protection Agency’s (EPA) use of economic discounting in greenhouse gas emissions rulemaking. The plaintiffs argued that economic discounting unlawfully devalues future harms and discriminates against children. The panel held that they lacked standing, finding no cognizable equal protection injury, no fair traceability between their alleged environmental harms and the government’s discounting policies, and no likely redress through declaratory relief. The court also held further amendment would be futile.
🔗 Read more → Our Children’s Trust’s Press Release, Court Opinion

Argentina Approves Glacier Law Reform, Shifting More Authority to Provinces
Argentina’s Chamber of Deputies gave final approval on April 9 to amendments to the Glaciers Law, following Senate approval in February. Official materials indicate that the reform narrows the protected periglacial areas to those with relevant hydrological functions and gives provinces a larger role in determining which areas qualify for protection and whether certain activities may proceed. The government said the changes improve legal certainty and respect provincial resource powers. Critics argue the reform weakens safeguards for glaciers and periglacial areas that serve as important freshwater reserves.
🔗 Read more → Honorable Cámara de Diputados de la Nación’s Press Release, La Subsecretaría de Ambiente’s Statement, Biblioteca del Congreso de la Nación’s Legislative Dossier (Dossier Legislativo - GLACIARES), The Associated Press

Switzerland Opens Consultation on New Sustainable Corporate Governance Law
Switzerland’s Federal Council opened consultation on a draft Federal Act on Sustainable Corporate Governance (NUFG) as an indirect counterproposal to a responsible business initiative. The draft would introduce human rights and environmental due diligence duties for large companies, keep sustainability reporting but limit it to large companies, require external assurance of those reports, and place oversight with the Federal Audit Oversight Authority. The government said the proposal is designed to align with relevant international standards, especially recent EU developments, while reducing burdens on small and medium-sized enterprises. The consultation runs until July 9, 2026.
🔗 Read more → Swiss Federal Council’s Press Release, Draft NUFG (Bundesgesetz über die nachhaltige Unternehmensführung - Entwurf), Consultation Procedure (Eröffnung des Vernehmlassungsverfahrens - Erläuternder Bericht)

EPA Finalizes Revisions to 2024 Oil and Gas Methane Rule
EPA finalized revisions to parts of the 2024 oil and natural gas standards under Clean Air Act sections 111(b) and 111(d), continuing its broader reconsideration of the OOOOb/c rule. The changes extend temporary flaring for associated gas in certain maintenance and repair situations from 24 hours to 72 hours, with additional time allowed in specified exigent circumstances. EPA also revised net heating value monitoring and testing requirements for flares and enclosed combustion devices. EPA said the final rule will save about $2.5 billion over 15 years.
🔗 Read more → EPA (Press Release, Fact Sheet), Final Rule “Reconsideration of Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review” via Federal Register, Quick Take by EELP Harvard Law School

South Africa’s FSCA Updates Sustainable Finance Work and Consults on ESG Ratings Oversight
South Africa’s Financial Sector Conduct Authority (FSCA) published its 2026 Sustainable Finance Update Report and opened consultation on a discussion paper on ESG rating services and data providers. The update notes that FSCA is developing guidance on sustainability-related claims made to retail customers, clarifying how existing disclosure, conduct, and advertising rules apply to reduce greenwashing risk. It is also working on a climate-first disclosure pathway for large, listed companies aligned with the International Sustainability Standards Board (ISSB) standards. Separately, the discussion paper seeks feedback on possible oversight of ESG rating and data providers, including transparency, governance, and conflicts of interest. Comments are due April 30, 2026.
🔗 Read more → FSCA (Press Release, Sustainable Finance Update Report 2026, Discussion Paper)

In partnership with The Deep View

If you’re a decision maker at your company, you need to be on the bleeding edge of, well, everything. But before you go signing up for seminars, conferences, lunch ‘n learns, and all that jazz, just know there’s a far better (and simpler) way: Subscribing to The Deep View.

This daily newsletter condenses everything you need to know about the latest and greatest AI developments into a 5-minute read. Squeeze it into your morning coffee break and before you know it, you’ll be an expert too.

Subscribe right here. It’s totally free, wildly informative, and trusted by 600,000+ readers at Google, Meta, Microsoft, and beyond.

French Consumer Regulator Finds Misleading Labeling and Claims in Ready Meals
France’s Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) reported that 2024 inspections of 248 establishments and 46 websites selling prepared meals found anomalies at more than half of the inspected businesses, with 20% leading to corrective measures or enforcement action. The agency said the most frequent problems involved discrepancies between actual and declared composition, omitted ingredients or additives, inaccurate nutrition claims, and unsupported marketing terms such as “organic,” “local,” and “homemade.” DGCCRF mentioned eight formal reports were issued, including four with criminal character, alongside 42 injunctions.
🔗 Read more → Direction générale de la Concurrence, de la Consommation et de la Répression des fraudes (DGCCRF)

Report Finds Most U.S. Public Pensions Still Underuse Proxy Voting on Climate Risk
Sierra Club’s third annual report finds that most major U.S. public pension funds still do not use proxy voting strongly enough to manage climate-related financial risk. The report reviews the 2025 proxy voting guidelines, voting records, and disclosure practices of 33 large public pensions, suggesting that weaker voting practices could undermine long-term portfolio value and retirement security. It also highlights the growing use of director accountability votes, but notes that this tool remains underused, especially as fewer climate-related shareholder proposals reached the ballot in 2025.
🔗 Read more → Sierra Club Report “The Hidden Risk in State Pensions: Analyzing U.S. Public Pensions’ Responses to the Climate Crisis in Proxy Voting”

Catch up on previous editions → ESGLitigation.com

Enjoyed this issue? Please share it with your colleagues.
Have feedback or collaboration ideas? Contact us at [email protected]