Issue - August 25, 2026

Good morning. It’s Tuesday, August 25, and this week’s ESG Litigation Weekly covers EDF’s lawsuit challenging federal plans to eliminate climate-related research functions at NCAR, New Zealand’s passage of legislation barring certain climate-related tort claims, the European Commission’s new guidance on verification and accreditation under the EU CBAM, and more.

EDF Challenges Plan to End NCAR Climate Research
Environmental Defense Fund (EDF) sued the National Science Foundation and Office of Management and Budget over plans to eliminate climate-related research functions at the National Center for Atmospheric Research (NCAR) in Colorado and close its Mesa Laboratory. EDF alleges that the agencies acted arbitrarily and capriciously under the Administrative Procedure Act by deciding to end or rescope climate research without adequate explanation, consideration of statutory mandates, reliance interests, or alternatives. The complaint also claims that plans affecting the Mesa Laboratory violate the National Historic Preservation Act because the government has not completed the required historic-preservation review and consultation process. EDF seeks declaratory and injunctive relief.
🔗 Read more → EDF (Press Release, Court Filing)

Federal Court Narrows Ben & Jerry’s Contract Suit Over Social Mission Disputes
A New York federal court dismissed substantial portions of a lawsuit brought by Ben & Jerry’s, independent directors, and its foundation over disputes with former parent Unilever concerning the ice cream company’s social mission and governance. The court allowed claims to proceed concerning the alleged improper removal or disqualification of independent directors, failure to appoint a nominated director, alleged interference with Ben & Jerry’s social mission under a 2022 settlement, and missed payments required by settlement agreements. Other contract, declaratory judgment, good-faith, and unjust-enrichment claims were dismissed. The court also substituted Magnum and Ben & Jerry’s HoldCo for Unilever and Conopco as defendants following the corporate demerger.
🔗 Read more → CourtListener (Court Order, Case Docket), Reuters

Groups Challenge Deep-Sea Mining Lease Sale Off American Samoa
Fa‘asao Amerika Samoa and the Conservation Council for Hawai‘i sued the National Marine Fisheries Service (NMFS) over its Endangered Species Act review of a planned deep-sea mining lease sale off American Samoa. The Marine Minerals Administration plans to offer up to two leases covering more than 31 million acres on November 19, 2026. The plaintiffs allege that NMFS unlawfully concluded the sale was not likely to adversely affect listed species or critical habitat without adequately evaluating the effects of exploration, testing, development, and mining, or several impacts from preliminary activities. They seek to vacate NMFS’s concurrence letter and obtain injunctive relief.
🔗 Read more → Earthjustice (Press Release, Court Filing)

Pearson Education Settles EEOC Disability Accessibility Lawsuit
Pearson Education agreed to pay $150,000 and provide injunctive relief to settle a U.S. Equal Employment Opportunity Commission (EEOC) lawsuit alleging disability discrimination against visually impaired employees. The EEOC alleged that Pearson required employees to use online platforms for benefits, leave, and training but failed to make those systems accessible to employees using screen-reading software or provide necessary reasonable accommodations. Under a three-year consent decree, Pearson must engage a web accessibility consultant to audit relevant platforms and training modules, implement accessibility fixes, provide annual training for human resources personnel, submit compliance reports to the EEOC, and post a workplace notice informing employees of their rights.
🔗 Read more → U.S. EEOC (Press Release)

D.C. Circuit Upholds EPA Designation of PFOA and PFOS as Superfund Hazardous Substances
The D.C. Circuit upheld the U.S. Environmental Protection Agency’s (EPA) 2024 designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA; also known as Superfund), rejecting challenges brought by industry groups. The court held that CERCLA allows EPA to designate substances that may present a substantial danger when released and does not require certainty that harm will occur. It also found that EPA provided adequate notice of its cost-benefit analysis and reasonably addressed uncertainties surrounding cleanup costs and potential liability. The designations trigger reporting and other regulatory requirements and can enable EPA and other parties to seek cleanup costs from responsible parties at contaminated sites.
🔗 Read more → U.S. Court of Appeals for the D.C. Circuit (Court Opinion), Earthjustice (Press Release), EPA (Rule Summary)

New Zealand Climate Tort Liability Bar Takes Effect
New Zealand’s Climate Change Response (Tort Liability) Amendment Act 2026 took effect on August 24, creating a statutory bar on tort liability for climate-related harm caused or contributed to by greenhouse gas emissions. The bar applies to future cases and existing proceedings not finally determined. The government said the change is intended to keep greenhouse gas regulation within the framework established by Parliament rather than allow a parallel tort regime to develop. The Act does not alter government obligations under the Climate Change Response Act or businesses’ existing responsibilities under New Zealand’s Emissions Trading Scheme.
🔗 Read more → New Zealand Government (Press Release), New Zealand Parliament (Royal Assent and Bill History)

European Commission Issues CBAM Verification and Accreditation Guidance
The European Commission published new guidance for third-party verifiers and National Accreditation Bodies on verification and accreditation requirements under the definitive phase of the Carbon Border Adjustment Mechanism (CBAM). The non-binding guidance explains verification principles, emissions monitoring and calculation, materiality, site visits, monitoring-plan assessment, verifier competence and independence, and accreditation and surveillance procedures. Verifiers must first obtain accreditation from the relevant National Accreditation Body before seeking access to the CBAM Registry, with Registry access available from September 1, 2026. Accredited verifiers must register within two months of accreditation and, from January 2027, will issue verification reports through the Registry for use in CBAM declarations.
🔗 Read more → European Commission (Press Release, Verification and Accreditation Guidance, CBAM Registry)

Pennsylvania Tightens Permitting Requirements for Data Center Development
Pennsylvania Governor Josh Shapiro issued an executive order establishing new permitting and transparency requirements for data centers. For projects exceeding 25 MW, developers that make legally binding commitments to the Governor’s Responsible Infrastructure Development (GRID) Requirements may receive rolling environmental permit reviews, but permits cannot be issued until required local approvals are secured. Developers that do not make those commitments face a more restrictive review process. The GRID framework addresses energy affordability, environmental protection, workforce development, and community engagement, including requirements intended to prevent infrastructure costs from shifting to other ratepayers. The order also removes data centers from Pennsylvania’s Fast Track permitting program and prohibits agencies under the Governor’s jurisdiction from using nondisclosure agreements in connection with data center projects.
🔗 Read more → Governor of Pennsylvania (Press Release, Executive Order 2026-05, GRID Requirements)

Leadership is asking: are we getting value from AI? Which tools are worth the spend? Where are we exposed? Right now, most teams have no idea.

Harmonic Security Usage Explorer changes that.

You get a complete picture of how your organization uses AI, automatically categorized into custom tasks and use cases.

You’ll see the projects being worked on, who’s using what tools, where AI investments are driving value, and where employees are engaging in risky behavior.

CIOs can rationalize spending and cut wasted licenses. CISOs can pinpoint where risk exists and neutralize it. AI committees can show exactly how their efforts are paying off.

See it in action

Canadian NDP Lawmakers File Greenwashing Complaint Over Federal Advertising
New Democratic Party (NDP) Parliamentary Leader Don Davies and former House Leader Peter Julian filed a complaint with Canada’s Competition Bureau alleging that federal advertising makes misleading environmental claims about the government’s energy policies. The complaint targets ads stating that major energy projects will “lower emissions” and help “build a cleaner future,” which the lawmakers argue are inconsistent with public statements indicating that emissions could rise under the government’s approach. They contend that the claims should meet the Competition Act’s substantiation requirements for environmental representations. The complaint remains an allegation.
🔗 Read more → NDP (Press Release)

Report Identifies Research Priorities for Climate Litigation
A Union of Concerned Scientists (UCS) report identifies scientific research gaps that could shape the next phase of climate litigation. Based on interviews with 25 climate litigation practitioners across six regions, the report highlights 10 priorities, including end-to-end and localized attribution, quantification of noneconomic loss and damage, climate-health impacts, incremental emissions, consequences of climate disinformation, adaptation effectiveness, insurance-sector causation, Indigenous Knowledge, and carbon offsets. It also identifies barriers to using science in court, including geographic data gaps, limited access to independent experts, resource imbalances, and differing legal and scientific approaches to uncertainty. The authors recommend closer scientist-lawyer collaboration, improved data collection, and stronger independent expert networks.
🔗 Read more → UCS (Full Report)

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]