Issue - November 10, 2026

Good morning. It’s Tuesday, November 10, and this week’s ESG Litigation Weekly covers 3M’s agreement to pay up to $7.35 billion to resolve PFAS-related personal injury claims, the UK Financial Conduct Authority’s final rules for regulating ESG rating providers from 2028, EFRAG’s updated voluntary sustainability reporting tools, and more.

3M Reaches Agreement to Pay Up to $7.35 Billion to Resolve PFAS Personal Injury Claims
3M announced an agreement intended to resolve personal injury claims involving per- and polyfluoroalkyl substances (PFAS), including claims in litigation over aqueous film-forming firefighting foam in federal court in South Carolina. It provides for up to $7.35 billion in nominal payments through 2034, with a present value of $5.8 billion according to 3M. The company says the agreement is intended to address approximately 99% of current personal injury claims inside and outside that litigation, with approximately 115,000 to 120,000 plaintiffs eligible to participate. The overall financial commitment includes a $680 million reserve fund for remaining and future personal injury claims. Payments depend on claimant participation and other settlement conditions. 3M denies liability, and the agreement does not constitute an admission of wrongdoing.
🔗 Read more → 3M (Press Release, Settlement Agreement filed with the SEC)

California Court Orders Approval Set Aside for Carbon TerraVault I Project
Kern County Superior Court ruled that the county’s approval of California Resources Corporation’s Carbon TerraVault I carbon capture and storage project violated the California Environmental Quality Act. The court found deficiencies in the environmental review, including its analysis of foreseeable carbon dioxide sources, project alternatives, greenhouse gas impacts, air quality mitigation, and cumulative effects. The court upheld aspects of the seismic and pipeline safety analyses on the existing record, but required them to remain open to reconsideration in the new environmental review. The November 2 ruling directs preparation of a judgment and writ requiring the county to set aside the environmental impact report certification and project approval. The county must prepare, circulate, and consider a legally adequate environmental review before taking further action to implement the project.
🔗 Read more → Earthjustice (Press Release, Court Ruling)

Lockheed Martin Reaches $29.5 Million Settlements Over Alleged Employment Discrimination
Lockheed Martin agreed to pay approximately $29.5 million under separate agreements with the U.S. Department of Justice (DOJ) and Equal Employment Opportunity Commission (EEOC). The $22 million False Claims Act settlement resolves DOJ allegations that Lockheed falsely certified compliance with federal contract requirements while using race or sex in certain compensation, hiring, promotion, and professional development practices. The EEOC agreement provides approximately $7.5 million for more than 1,000 employees following allegations of race discrimination against white employees in performance assessments and compensation decisions. It also imposes employment compliance obligations and permits EEOC review. Lockheed denies the allegations. The settlements do not establish liability.
🔗 Read more → DOJ (Press Release, Settlement Agreement), Lockheed Martin (Statement)

Oregon Court Allows Multnomah County Climate Lawsuit to Proceed
An Oregon state court denied most of the dismissal motions addressed in its November 2 ruling in Multnomah County’s climate lawsuit against fossil fuel companies and industry trade associations. The county alleges that defendants misled the public about climate risks associated with fossil fuel consumption, contributing to local harms including the 2021 heat dome, and seeks more than $51 billion in damages. The court rejected arguments that the claims were preempted by the federal Clean Air Act or barred by the political question and separation of powers doctrines. It granted Valero Energy’s motion to dismiss for lack of personal jurisdiction and directed preparation of a dismissal judgment without prejudice. Other dismissal issues remained pending, and the ruling did not determine liability.
🔗 Read more → Multnomah County (Press Release, Court Order)

Belgian Court Refers INEOS Project One Climate Assessment Questions to EU Court
Belgium’s Flemish Council for Permit Disputes referred three questions to the Court of Justice of the European Union (CJEU) in challenges to permits for INEOS’s Project One ethane cracker in Antwerp. The facility would produce ethylene used to manufacture plastics. The questions concern whether the EU Environmental Impact Assessment Directive requires assessment of indirect greenhouse gas emissions from purchased energy, upstream ethane extraction, and the waste stage of downstream plastic products. The Belgian court suspended further proceedings pending the CJEU’s interpretation. The referral does not itself annul the project’s current authorization or halt construction.
🔗 Read more → ClientEarth (Press Release), Flemish Court (Press Release, Court Ruling)

DRC Residents Sue Zijin-Controlled Mining Company Over Alleged Pollution
Twenty-seven residents, including eight children, in the Democratic Republic of the Congo (DRC) have sued Zijin Mining-controlled Compagnie Minière de Musonoie Global (COMMUS), the Congolese state, and the Congolese Environment Agency in the Commercial Court in Kolwezi. They allege that pollution from a copper and cobalt mine has harmed their health and livelihoods, and that authorities failed to provide adequate oversight. They seek nearly US$1.3 million in compensation, US$5 million for environmental restoration, and orders requiring pollution controls, cleanup, and safe drinking water. In a July 2026 response to earlier pollution reports, COMMUS maintained that its operations comply with environmental regulations and cited other potential pollution sources. According to RAID, the November 3 hearing addressed procedural matters. The merits remain unresolved.
🔗 Read more → RAID (Press Release), iclg (News Article)

UK FCA Finalizes Regulatory Framework for ESG Rating Providers
The UK Financial Conduct Authority (FCA) published final rules under PS26/22 for regulating ESG rating providers. The regime covers transparency of methodologies and data, governance, systems and controls, conflicts of interest, and engagement with rating users and rated entities. Providers must also maintain procedures for handling feedback and complaints. The FCA says the rules govern how ratings are produced and communicated without prescribing a particular sustainability methodology. The framework takes effect on June 29, 2028, when providers within scope will require authorization unless an exemption or transitional arrangement applies. The authorization gateway opens on June 24, 2027, with staggered application periods. Providers that apply within the prescribed window may continue operating while a timely application remains undecided.
🔗 Read more → FCA (Press Release, Final Rules PS26/22)

UK Announces Plans for Mandatory Human Rights Due Diligence
The UK government announced plans for mandatory human rights due diligence covering services across the UK and goods in Great Britain. The proposed regime would apply to UK businesses with global turnover exceeding £350 million and non-UK businesses with UK-generated turnover exceeding £350 million. Companies within scope would have to identify, assess, and address human rights and labor exploitation risks in their operations and supply chains. A regulator would be empowered to direct the withdrawal of goods from the Great Britain market where due diligence obligations have not been met and forced labor is identified. The government also plans to apply the EU Forced Labour Regulation in Northern Ireland under the Windsor Framework. The measures require legislation.
🔗 Read more → UK Parliament (Statement UIN HCWS454)

Sweden Proposes Higher Thresholds for Sustainability Reporting
The Swedish government has referred proposals to the Council on Legislation to implement amended EU sustainability reporting requirements. Published on October 27, the proposals would generally limit reporting obligations to companies and groups exceeding both 1,000 employees on average and SEK 5 billion in net turnover in each of the two preceding financial years. Small and medium-sized listed companies would be exempted. Value-chain businesses averaging no more than 1,000 employees in their latest reported financial year could decline requests exceeding the EU voluntary standards when made for another company’s mandatory sustainability reporting. The proposals would also expand protections for sensitive information and clarify qualifications for sustainability assurance auditors. The proposed effective date is March 19, 2027.
🔗 Read more → Swedish Government (Press Release, Proposal)

EU Council Backs One-Year Delay to Selected Methane Regulation Requirements
The Council of the EU adopted a negotiating position supporting a one-year postponement of selected Methane Regulation requirements for fossil fuel importers and EU producers. Under the mandate, importer reporting on monitoring, reporting, and verification equivalence would cover 2028 supplies, with the first reports due May 31, 2029. Other proposed dates include August 5, 2029, for methane-intensity reporting and August 5, 2031, for maximum methane-intensity requirements covering specified supply contracts. The mandate also provides for an implementation-readiness assessment by September 30, 2027, and further one-year postponements of specified obligations if necessary conditions are unmet. Agreement with the European Parliament and formal adoption are still required. Existing deadlines remain in force.
🔗 Read more → Council of the EU (Press Release, Council Negotiating Mandate)

EFRAG Updates Voluntary Sustainability Reporting Template and XBRL Tools
EFRAG released an updated Digital Template, XBRL Taxonomy, and conversion tool aligned with the EU’s Voluntary Sustainability Reporting Standard (VS), reflecting amendments introduced since the earlier VSME Recommendation. The tools support standardized reporting by companies outside mandatory sustainability reporting requirements. Updates include comparative numerical disclosures, support for Word documents containing narrative information, and the ability to combine Inline XBRL reports with PDF documents. Additional features include disclosure-level footnotes and other customization options. The template and taxonomy labels are available in 11 languages, and the materials are free and released under an open-source license.
🔗 Read more → EFRAG (Press Release, Explanatory Note, Digital Template and XBRL Resources)

Are you ready to reach holiday shoppers on CTV? For many streamers, the season is already underway.

Last year, according to Roku internal data, holiday content searches on Roku saw an 86% increase during October. And in November, those searches rise an average of 39% weekly. This surging holiday spirit is mirrored by consumer activity, as about half of Roku streamers shopped Black Friday and Cyber Monday deals in 2025.

Meeting those shoppers is easier than you might think. Begin with the seasonal outcome you hope to drive: awareness, online sales, leads, store visits, or another measurable goal. From there, define your audience, upload your creative, set the budget and campaign dates, and establish measurement before launching. You can even create a shoppable ad unit that lets streamers buy with a click of their remote.

Our holiday playbook offers a month-by-month guide to reaching shoppers during this all-important time of year.

First-time spenders get a $5,000 match on the first $5,000 spent with code BEEHIIV5K. Terms apply.

Launch your campaign today.

German Environmental Group Questions Green Claims for Wilhelmshaven LNG Terminal
German environmental group Deutsche Umwelthilfe (DUH) criticized Deutsche Grüngas Energieversorgungs GmbH’s (DGGEV) plans for a liquefied natural gas (LNG) terminal in Wilhelmshaven as an attempt at greenwashing. According to DUH, the project plans envision replacing fossil LNG imports with synthetic methane by 2044 at the latest. A DUH-commissioned study identifies substantial energy losses and concludes that the proposed carbon-recycling pathway would be commercially uncompetitive under its modeled assumptions. A separate optimistic scenario without carbon dioxide recycling reaches cost parity with fossil LNG in the 2040s, but the authors consider its cost assumptions unrealistic. DUH argues that the conversion commitment is being used to justify fossil gas infrastructure and has called on Wilhelmshaven authorities to reject the project, planned within the Voslapper Groden-Nord EU bird protection area.
🔗 Read more → DUH (Press Release, Commissioned Study)

UNEP Finds Climate Adaptation Finance Falls Far Short of Needs
The United Nations Environment Programme’s (UNEP) Adaptation Gap Report 2026 estimates that developing countries will need approximately US$305 billion annually for climate adaptation by 2035, in 2024 prices. That estimate largely excludes the private sector’s own adaptation needs. International public adaptation finance from developed to developing countries totaled US$28.2 billion to US$31.7 billion in 2024. Under the report’s inflation-adjusted scenarios, achieving the COP30 call to triple adaptation finance by 2035 would cover approximately 20% to 29% of projected needs. UNEP also identifies institutional barriers to implementation and gaps in assessing and financing climate-related loss and damage. The report says private adaptation finance often does not substitute for public funding, with much of it likely to address the private sector’s own needs.
🔗 Read more → UNEP (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]