Issue - April 28, 2026

Good morning. It’s Tuesday, April 28, and this week’s ESG Litigation Weekly covers a new court challenge to BP’s Kaskida ultra-deepwater Gulf project, Milieudefensie’s second climate case against Shell over new oil and gas fields, a lawsuit in the Netherlands accusing Levi’s of misleading consumers about labor conditions in its supply chain, and more.

Groups Challenge Approval of BP’s Kaskida Ultra-Deepwater Gulf Project
Healthy Gulf, Habitat Recovery Project, Center for Biological Diversity, Sierra Club, and Turtle Island Restoration Network petitioned the Eleventh Circuit to review the U.S. Department of the Interior’s and Bureau of Ocean Energy Management’s approval of BP’s Kaskida ultra-deepwater drilling project in the Gulf of Mexico. Filed on the 16^th anniversary of the Deepwater Horizon disaster, the challenge argues that the approval was arbitrary and unlawful. Earthjustice said the petition targets alleged gaps in BP’s development plan and environmental review, including spill risk, worst-case discharge, and containment capability. Kaskida is BP’s first completely new Gulf oilfield approved since Deepwater Horizon.
🔗 Read more → Earthjustice (Press Release, Court Petition for Review)

Milieudefensie Launches Second Climate Case Against Shell Over New Oil and Gas Fields
Milieudefensie launched a second climate case against Shell in the Netherlands, seeking an order requiring the company to stop bringing new oil and gas fields into production and to adopt interim emissions reduction targets for 2035, 2040, and 2050. The group said the new suit followed Shell’s 2025 statement that it would continue its fossil fuel strategy and ramp up liquefied natural gas (LNG) production beyond 2030. It also builds on the 2024 Hague appeal ruling in the first Shell case, which held that Shell has its own duty to reduce emissions and that new oil and gas projects may conflict with climate goals.
🔗 Read more → Milieudefensie (Press Release, Summary Summons)

CCC and Consumers Sue Levi’s in the Netherlands Over Alleged Misleading Labor Claims
The Dutch office of Clean Clothes Campaign (CCC), joined by four consumers, filed suit in Amsterdam against Levi Strauss entities, alleging they misled Dutch shoppers with claims about responsible production and respect for workers’ rights in Levi’s supply chain. The case centers on alleged anti-union repression, dismissals, and unpaid compensation at a Turkish supplier factory producing exclusively for Levi’s. Plaintiffs argue Levi’s public claims conflicted with its response to those violations and seek declarations, corrective measures, and consumer remedies. The linked summons lists a first hearing date of June 3, 2026.
🔗 Read more → Clean Clothes Campaign (Press Release, Summons)

Supreme Court Rules Michigan AG’s Line 5 Case Belongs in State Court
The U.S. Supreme Court unanimously held that Enbridge’s attempt to remove Michigan Attorney General (AG) Dana Nessel’s Line 5 lawsuit to federal court was untimely, affirming remand to the state court. The Court held that the 30-day removal deadline cannot be equitably tolled. Nessel’s 2019 suit seeks to void the 1953 easement for the dual pipelines beneath the Straits of Mackinac and to halt their operation under Michigan law. The ruling addresses the forum, not the merits, and returns the case to the Michigan state court following related appellate proceedings.
🔗 Read more → U.S. Supreme Court (Opinion, Case Docket), Michigan AG’s Press Release

Court Orders BJ’s Wholesale Club to Include New York Fund’s Deforestation Proposal in 2026 Proxy
A federal judge in Massachusetts granted a preliminary injunction requiring BJ’s Wholesale Club to include the New York State Common Retirement Fund’s shareholder proposal in its 2026 proxy materials and denied BJ’s motion to dismiss. The proposal seeks an assessment of deforestation risks associated with BJ’s private-label brands. The court found the proposal likely was not excludable under SEC Rule 14a-8’s ordinary-business exception, concluding it focused on the significant policy issue of deforestation and did not improperly micromanage the company.
🔗 Read more → New York State Comptroller (Press Release, Court Order)

Papunya Residents Sue NT Government Over Alleged Failure to Provide Climate-Safe Public Housing
Four residents of the remote Aboriginal community of Papunya have filed a Federal Court case against Australia’s Northern Territory (NT) government, alleging it failed as a public landlord to provide housing safe to live in during extreme heat. The claim focuses on homes that allegedly lack adequate insulation, shading, and reliable cooling despite temperatures regularly exceeding 40°C. The Human Rights Law Centre says the case is the first in Australia seeking to require a government landlord to provide public housing that protects residents from extreme heat linked to climate change.
🔗 Read more → Human Rights Law Centre’s Press Release, ABC News

Commission Adopts Delegated Regulations Under EU ESG Ratings Regulation on Activity Separation and Disclosures
The European Commission adopted two delegated regulations under the EU ESG Ratings Regulation. One sets organizational, physical, and control safeguards to separate ESG rating activities from other activities and manage conflicts of interest, including additional measures for providers involved in investment, insurance, or benchmark activities. The other specifies what ESG rating providers must disclose about rating products, methodologies, data limitations, business models, conflicts, and methodology revisions. Supplementing the EU ESG Ratings Regulation, both state that they enter into force on the 20^th day after publication in the Official Journal of the European Union and apply from July 2, 2026.
🔗 Read more → Commission Delegated Regulation C(2026)2495, Commission Delegated Regulation C(2026)2503

ISSB Agrees on Practice Statement Path for Nature-Related Disclosure Guidance
The International Sustainability Standards Board (ISSB) agreed to propose nature-related disclosure requirements through an IFRS Practice Statement rather than a new standard. According to the ISSB, the guidance would complement IFRS S1 and IFRS S2 by explaining how companies should disclose material nature-related risks and opportunities already covered by IFRS S1, without changing existing requirements. The board said this approach is intended to reduce disruption while jurisdictions and companies are still implementing the ISSB standards. An exposure draft for public comment is targeted for October 2026.
🔗 Read more → IFRS Foundation’s News Release

Federal Judge Preliminarily Blocks U.S. Policies That Slowed Wind and Solar Permitting
A federal judge in Massachusetts preliminarily blocked enforcement of several Trump administration policies that industry groups said were delaying wind and solar projects nationwide. The court held plaintiffs were likely to succeed on their Administrative Procedure Act (APA) claims against measures including the Department of the Interior’s special review procedures for wind and solar actions, a ban on using the Fish and Wildlife Service’s Information for Planning and Consultation (IPaC) tool for those projects, and agency directives favoring higher “capacity density” energy sources. The injunction applies to plaintiff organizations and their members.
🔗 Read more → Court Memorandum and Order via CourtListener

Louisiana Bill Would Bar Most Climate-Damages Suits Based on Greenhouse Gas Emissions
Louisiana lawmakers advanced House Bill No. 804 (HB 804), the proposed Louisiana Energy Protection Act, after it was reported with amendments from the House Natural Resources and Environment Committee on April 23 and moved to pending House floor action. The engrossed bill indicates it would prohibit covered civil liability actions in Louisiana courts for climate-change damages based on greenhouse gas emissions, including fraud, misrepresentation, deception, and failure-to-warn theories. It preserves exceptions for unlawful acts involving violations of enforceable emissions limits, permit terms, or certain Occupational Safety and Health Administration (OSHA) standards, and would apply to covered actions filed on or after the act’s effective date.
🔗 Read more → Louisiana State Legislature (HB804 Engrossed Text, Summary)

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Greenpeace and Woodside Agree to Dismiss Australian Climate-Claims Case
The Federal Court of Australia dismissed by consent Greenpeace Australia Pacific’s 2023 case against Woodside Energy over alleged misleading climate-strategy and emissions-target representations, with each side bearing its own costs. Greenpeace said the case had alleged misleading claims about past emissions reductions, net-zero and interim targets, and Paris Agreement alignment. Greenpeace noted Woodside has since changed its climate-related messaging, including removing a “Net zero by 2050 or sooner” website banner.
🔗 Read more → Woodside Energy’s Media Release, Greenpeace Australia Pacific’s Media Release

Study Reports Greenwashing Indicators in 98% of Environmental Claims by Major Meat and Dairy Companies
A research article reviewing sustainability reports and websites from 33 of the world’s largest meat and dairy companies identified 1,233 environmental claims and found that 98% showed indicators of greenwashing under the framework used by the authors. The study said 68% of the claims were climate-related, 38% were future-oriented promises, and only 29% included supporting evidence. It also found that 17 companies had made net-zero or similar commitments, often without clear implementation details.
🔗 Read more → Bach et al. 2026 “Environmental claims, climate promises, and ‘greenwashing’ by meat and dairy companies”

LSE Paper Finds Climate Litigation Is Already Viewed by Investors as a Financial Risk
A new LSE working paper finds that climate litigation is already seen by most surveyed equity investors and analysts as a material financial risk. Based on a global survey of 811 respondents, the paper says investors often view litigation as becoming financially relevant at the stage of media coverage or case filing, not only after a judgment. It also indicates that risk perceptions extend beyond fossil fuel companies to sectors such as banking, agriculture, and retail, with disclosure gaps contributing to uncertainty and differing investor responses.
🔗 Read more → LSE Grantham Research Institute on Climate Change and the Environment Working Paper 445 “Climate litigation as a financial risk: evidence from a global survey of equity investors”

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