Issue - March 10, 2026

Good morning. It’s Tuesday, March 10, and this week’s ESG Litigation Weekly covers a proposed ERISA class action alleging Cushman & Wakefield failed to address climate-related financial risk in its 401(k) lineup, Our Children’s Trust-backed efforts to revive youth climate cases in federal and state appellate courts, the U.S. EPA’s decision to extend the 2025 greenhouse gas reporting deadline while it reconsiders broader reporting requirements, and more.

ERISA Class Action Alleges Cushman & Wakefield Failed to Address Climate Risk in 401(k) Lineup
A former Cushman & Wakefield employee filed a proposed class action in the U.S. District Court for the Western District of Washington, alleging the company breached the Employee Retirement Income Security Act of 1974 (ERISA) fiduciary duties by retaining a 401(k) fund exposed to material climate-related financial risks. The complaint focuses on the Westwood Quality SmallCap Fund, alleging that Westwood did not identify, assess, or manage climate-related risks, charged above-average fees, and underperformed its benchmark by approximately 17% over the one year ending December 31, 2025. The suit also alleges Cushman failed to properly monitor the fund and allowed a structure that increased indirect compensation to Fidelity, the plan’s recordkeeper.
🔗 Read more → ClientEarth (Press Release, Complaint Filing)

As You Sow Sues After Chubb Moves to Exclude Proposal on Climate Loss Recovery and Insurance Affordability
Public Citizen filed suit in the U.S. District Court for the District of Columbia on behalf of shareholder advocate As You Sow, challenging Chubb’s planned exclusion of a shareholder proposal from its 2026 proxy materials. The proposal asks Chubb to commission a report assessing whether it can offset climate-related losses by seeking contributions from responsible third parties through subrogation. The complaint argues the proposal raises a significant policy issue rather than an ordinary business one and therefore should be included for a shareholder vote. It also points to the U.S. Securities and Exchange Commission’s November 2025 policy shift away from opining on whether companies have properly invoked Rule 14a-8 exceptions.
🔗 Read more → Public Citizen (Press Release, Complaint Filing), As You Sow’s Proposal

Conservation Groups Sue to Block Bull Mountains Coal Mine Expansion in Montana
Conservation groups sued the Interior Department and the Office of Surface Mining Reclamation and Enforcement (OSM) in the U.S. District Court for the District of Montana, challenging approval of the Bull Mountains Mine expansion known as Amendment 3. The complaint alleges OSM approved the project on June 6, 2025, without preparing a draft environmental impact statement and without responding to scoping comments, while citing a presidential “energy emergency” order. Plaintiffs also allege the expansion threatens to irreversibly dewater Bull Mountains aquifers, springs, and streams, and note that about 99% of the mine’s coal is exported.
🔗 Read more → Center for Biological Diversity (Press Release, Complaint Filing)

Court Orders FEMA to Take Concrete Steps to Restore BRIC Mitigation Funding
A multistate coalition, including Washington, secured an order enforcing a prior ruling that the Federal Emergency Management Agency (FEMA)’s termination of the Building Resilient Infrastructure and Communities (BRIC) program was unlawful. The District of Massachusetts ordered FEMA, within 14 days, to update each plaintiff state on the status of affected BRIC projects and to file a status report outlining the remaining steps and expected timeline for reversing the termination and restoring the program. The court also required FEMA to issue a fiscal year 2024 BRIC funding notice within 21 days. The coalition says BRIC has supported nearly 2,000 projects and about $4.5 billion nationwide.
🔗 Read more → Washington State Office of the AG’s Press Release, Court Order

Youth-Led Climate Cases Seek Revival in Ninth Circuit and Alaska Supreme Court
Young plaintiffs in two Our Children’s Trust cases asked appellate courts to revive constitutional climate claims after lower-court dismissals. In Genesis v. EPA, 18 California youth urged the Ninth Circuit to reinstate claims alleging the U.S. Environmental Protection Agency (EPA)’s use of discounting in regulatory cost-benefit analysis unlawfully devalues children’s lives and future harms when setting climate policy. In Sagoonick v. State of Alaska II, Alaska youth asked the state Supreme Court to revive claims challenging laws requiring the Alaska Gasline Development Corporation to advance and develop the Alaska LNG Project, which they say would lock in decades of emissions and intensify harms to communities and subsistence resources.
🔗 Read more → Our Children’s Trust (Press Releases: Genesis v. EPA, Sagoonick v. State of Alaska II)

The U.S. EPA Extends Reporting Year 2025 Greenhouse Gas Reporting Deadline
EPA issued a final rule extending the deadline for annual reports under the Greenhouse Gas Reporting Program (40 CFR Part 98) for the reporting year 2025. The deadline moves from March 31, 2026, to October 30, 2026, and EPA said it is making no other changes to program requirements. EPA pointed out that the extension is intended to provide flexibility while it continues a separate reconsideration rulemaking proposed in September 2025, which would remove reporting obligations for 46 emission source categories after the reporting year 2024.
🔗 Read more → Final Rule “Extending the Reporting Deadline Under the Greenhouse Gas Reporting Rule for 2025” via Federal Register, EPA’s Final Rule Fact Sheet

Washington Releases Draft Agreement to Link Carbon Market With California and Québec
Washington’s Department of Ecology released a draft March 2026 linkage agreement with California and Québec to integrate their cap-and-invest carbon markets. The agreement would replace the existing 2017 California-Québec linkage agreement once it enters into force and would enable mutual recognition and trading of compliance instruments, joint auctions, and a common allowance price in a linked market. The Department notes the agreement is a voluntary initiative and would not, by itself, change regulations unless each jurisdiction completes the required legal steps. It is taking public comment through May 1, 2026, alongside an environmental justice assessment.
🔗 Read more → Washington’s Department of Ecology (Cap-and-Invest Linkage, Linkage Agreement)

Minnesota Bill Would Create a “Greenhouse Gas Pollution Superfund” for Climate Adaptation
Minnesota Senate File 4126 (SF 4126) would create a greenhouse gas (GHG) pollution cost-recovery program and a dedicated account to fund climate adaptation projects. The bill would direct the Minnesota Pollution Control Agency commissioner to identify “responsible parties,” defined as fossil fuel extractors or crude oil refiners linked to more than 1 billion metric tons of covered GHG emissions during 1995 through 2026. Responsible parties would be strictly liable for a proportional share of costs to the state and its residents tied to those emissions, based on a climate cost assessment prepared by the state auditor, with payments deposited into the new account.
🔗 Read more → SF 4126 via Minnesota Office of the Revisor of Statutes

Singapore MAS Issues Transition Planning Guidelines for Banks, Insurers, and Asset Managers
Monetary Authority of Singapore (MAS) issued three Guidelines on Environmental Risk Management for transition planning, setting supervisory expectations for banks, insurers, and asset managers. The guidelines supplement MAS’s earlier environmental risk management framework and call for risk-proportionate transition planning based on each institution’s business model and operating context. MAS suggests firms should take a forward-looking approach to governance and risk management, engage customers and investee companies to better understand climate risks, and avoid indiscriminate withdrawal of credit, insurance coverage, or investment. The guidelines take effect in September 2027 after an 18-month transition period.
🔗 Read more → MAS’s Guidelines on Environmental Risk Management (Transition Planning) for: Banks, Insurers, Asset Managers

Korea Publishes First KSSB Sustainability Disclosure Standards, Aligned With ISSB
Korea’s Sustainability Standards Board (KSSB), under the Korea Accounting Institute, approved and published its first domestic sustainability disclosure standards set: Standard No. 1 on General Requirements and Standard No. 2 on Climate. The standards are designed to balance international comparability with local practicality and are intended to be applied together, though companies may choose to disclose only climate-related risks and opportunities. Companies may use them voluntarily starting with the fiscal year that includes the standards publication date (February 26, 2026). Transition reliefs include no comparative information in the first year and a three-year deferral for Scope 3 emissions.
🔗 Read more → Korea Accounting Institute (Press Release, Snapshot of the First Set of Sustainability Disclosure Standards; both in Korean)

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Korea Consumer Agency Flags “Eco Leather” Claims for Synthetic Leather Products
Korea Consumer Agency reviewed synthetic leather products that appeared prominently in searches for “eco leather” and similar terms on six major online marketplaces and found 53 misleading environmental claims. Most used “eco leather” or similar wording in the product name, often implying the material is eco-friendly because no animals are harmed. The agency said petrochemical-based synthetic leather can involve hazardous substances such as dimethylformamide and has low durability and biodegradability. The most common categories were clothing, bags, and sofas. Among items subject to mandatory material disclosure, many were unlabeled or mislabeled. Sellers have removed or corrected all flagged ads.
🔗 Read more → Korea Consumer Agency’s Press Release (in Korean)

Council of Europe Study Tracks Growth of National Climate Litigation Across Europe
A new Council of Europe study supervised by the European Committee on Legal Co-operation maps how climate litigation has expanded across member states. It reports domestic climate lawsuits since 2002 in 26 European countries, alongside 12 cases at the European Court of Human Rights and roughly 70 matters before the Court of Justice of the EU. The study finds that most cases target governments, often using human rights and climate framework compliance arguments, while corporate cases are rising through due diligence and “polluter pays” theories. It also flags enforcement challenges, including insolvency and insurance limits.
🔗 Read more → Council of Europe’s Publication: Study on national climate litigation

Additional Notable Updates:

The EU Council has officially approved the amended European Climate Law, setting a binding 2040 target to reduce net GHG emissions by 90% from 1990 levels.
🔗 Read more → Council of the EU (Press Release, Amended European Climate Law)

China has released a draft outline of its 15^th Five-Year Plan for 2026-2030, which includes major climate and energy targets.
🔗 Read more → Reuters, Centre for Research on Energy and Clean Air

Catch up on previous editions → ESGLitigation.com

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