Issue - November 18, 2025

UK court finds BHP liable for Mariana dam, Bumble Bee forced labor suit proceeds, 21 European airlines curb green claims, and much more

November 18, 2025

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Good morning. It’s Tuesday, November 18, and this week’s ESG Litigation Weekly covers a UK High Court ruling finding BHP liable for the 2015 Mariana dam disaster, a U.S. court allowing Indonesian fishers’ forced labor suit against Bumble Bee to proceed, commitments by 21 European airlines to curb potentially misleading green claims, and more.

⚖️ ESG Casefile

UK Court Finds BHP Liable for 2015 Mariana Dam Disaster
London’s High Court has found BHP liable under Brazilian law for the 2015 Mariana dam collapse in Brazil, which killed 19 people, destroyed hundreds of homes, and polluted a river. The UK group action represents more than 600,000 people and has been valued at up to £36 billion. The judge found that raising the height of an unsafe dam was the direct and immediate cause of the collapse. BHP plans to appeal, arguing that many claimants have already received compensation in Brazil through existing programs.
🔗 Read more → BBC, Court Judgment Summary (PDF), Court Judgment (PDF)

U.S. Court Lets Forced Labor Suit Against Bumble Bee Proceed
A U.S. federal district court in Southern California has allowed a lawsuit by four Indonesian fishers against tuna brand Bumble Bee to proceed under the Trafficking Victims Protection Reauthorization Act, denying Bumble Bee’s motion to dismiss. The suit, filed in March 2025, alleges years of forced labor on vessels catching albacore tuna sold by Bumble Bee and relies on investigations from Greenpeace’s Beyond Seafood Campaign. The court found the plaintiffs pleaded sufficient forced labor allegations and said Bumble Bee likely had notice of abuses, failed to take adequate preventive steps, actively sourced from the vessels, and resold the tuna for profit.
🔗 Read more → Greenpeace, Court Order (PDF via JUSTIA)

Norwegian Court Invalidates Oilfield Permits Over Climate Assessment Gaps
A Norwegian appeals court has ruled that three offshore oilfield development permits are invalid because the government failed to adequately assess climate impacts from combustion emissions, including Scope 3. The case, brought by Greenpeace Norway and Young Friends of the Earth Norway, targets Equinor's Breidablikk and Aker BP's Tyrving and Yggdrasil fields. The court gave the state six months to remedy the shortcomings and allowed production to continue for now to preserve a stable European supply. The verdict is likely to be appealed to Norway's Supreme Court.
🔗 Read more → Reuters, Court Judgment and Ruling (PDF, in Norwegian)

Amazon Warehouse Workers Bring Disability Discrimination Class Action
Amazon warehouse workers across New York State have filed a class action in federal court alleging systemic discrimination against employees with disabilities. Lead plaintiff Cayla Lyster, who has Ehlers-Danlos syndrome, says Amazon denied basic accommodations, forced her onto unpaid leave, applied a punitive attendance policy to legally protected absences, and threatened termination. The complaint claims automated Unpaid Time Off deductions discourage workers from requesting accommodations and violate the Americans with Disabilities Act, New York State Human Rights Law, and New York’s Lawful Absence Law. The class seeks injunctive relief and policy changes.
🔗 Read more → A Better Balance (Press Release, Complaint Filing)

New Mexico Supreme Court Takes Up Landmark Oil and Gas Pollution Case
The New Mexico Supreme Court has agreed to hear Atencio v. State of New Mexico, a landmark case alleging the state failed to protect public health and the environment from oil and gas pollution as required by the state constitution. Brought by Indigenous, frontline, youth, environmental groups, and community members, the suit is the first to invoke the New Mexico Constitution’s pollution control clause. The court will decide how that clause should be interpreted and whether plaintiffs can proceed to trial over the state’s alleged failure to control industry pollution.
🔗 Read more → Center for Biological Diversity, Court Order (PDF)

Groups Sue U.S. Administration Over Cancellation of Clean Energy Grants
A coalition that includes the City of St. Paul and several energy and environmental groups has sued the administration in federal court in Washington, D.C., over the cancellation of roughly $7.5 billion in Department of Energy grants for clean energy projects. The complaint argues that the termination of 321 awards in 16 states was political retribution, targeting jurisdictions that voted for the opposition and have Democratic senators. Plaintiffs allege First and Fifth Amendment violations, and warn of higher costs, lost jobs, and stalled innovation.
🔗 Read more → Environmental Defense Fund, Complaint Filing (PDF)

🏛️ Regulatory Developments

Parliament Backs Simpler EU Sustainability Reporting and Due Diligence
The European Parliament has adopted its negotiating position on proposals to simplify EU sustainability reporting and due diligence duties for companies. Under the adopted text, only firms with more than 1,750 employees and €450 million in turnover would have to report under the sustainability and taxonomy rules, with streamlined standards and voluntary sector-specific reporting. Due diligence duties would apply only to corporations with over 5,000 employees and €1.5 billion in turnover, using a risk-based approach. Talks with EU governments are set to begin on November 18 to finalize the legislation by the end of the year.
🔗 Read more → European Parliament, Adopted Amendments “Certain corporate sustainability reporting and due diligence requirements” (PDF)

Business Groups Ask Supreme Court to Block California Climate Disclosure Laws
The U.S. Chamber of Commerce and other business groups have filed an emergency appeal, asking the Supreme Court to temporarily block California’s first-in-the-nation climate disclosure laws, SB 253 and SB 261, before one takes effect on January 1, 2026. The laws require thousands of companies doing business in the state to report their emissions, climate-related financial risks, and how their operations contribute to climate change. The challengers argue this is unconstitutional compelled speech on a controversial topic. With the lower courts previously refusing to halt the laws, 25 states submitted an amicus brief in support of the chamber’s application for a stay pending appeal.
🔗 Read more → Emergency Appeal Filing (PDF), States' Amicus Brief (PDF)

ECB Penalizes ABANCA for Shortfalls in Climate Risk Assessment
The European Central Bank (ECB) has imposed periodic penalty payments of €187,650 on ABANCA Corporación Bancaria, S.A. for failing to comply with a 2023 decision requiring a materiality assessment of its climate-related and environmental risks. ABANCA did not sufficiently assess and document material risks by the 31 March 2024 deadline and remained in breach for 65 full days. The sanction follows a series of ECB actions since 2020 to push banks to better identify and manage climate risks. ABANCA may challenge the decision before the EU Court of Justice.
🔗 Read more → ECB

UK FRC Issues ISSA (UK) 5000 for Sustainability Assurance Engagements
The UK Financial Reporting Council (FRC) has issued International Standard on Sustainability Assurance (ISSA) (UK) 5000, a voluntary standard that sets general requirements for sustainability assurance engagements. ISSA (UK) 5000 is based on the International Auditing and Assurance Standards Board’s global benchmark and is designed to be profession agnostic, covering both limited and reasonable assurance. The FRC notes the standard will help ensure credible sustainability reporting, support more informed investment decisions, and strengthen the UK’s position in sustainable finance. Stakeholders, including firms, investors, and companies, strongly backed its voluntary adoption.
🔗 Read more → ISSA (UK) 5000 (PDF)

Singapore, Verra, and Gold Standard Finalize Article 6.2 Crediting Protocol
Singapore’s National Climate Change Secretariat, Verra, and Gold Standard have published the final Article 6.2 Crediting Protocol to help governments utilize independent carbon crediting standards in meeting their Nationally Determined Contributions (NDCs) and sustainable development goals. The Protocol establishes standardized procedures for cooperation under the Paris Agreement’s Article 6.2, including roles and responsibilities, communication on authorizations and transfers, registry labelling of Article 6 status, and reporting support. Developed after COP29 through broad consultation, it will be piloted with interested governments and updated as Article 6.2 implementation evolves.
🔗 Read more → Article 6.2 Crediting Protocol (PDF via Verra)

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🧼 Greenwashing Watch

21 European Airlines Commit to Change Potentially Misleading Green Claims
Twenty-one European airlines, among others, Air France, KLM, Lufthansa, Ryanair, and EasyJet, have agreed to adjust environmental claims after dialogue with the European Commission and the Consumer Protection Cooperation Network. The airlines will stop suggesting that CO₂ emissions from specific flights can be neutralized, offset, or directly reduced through customer payments for climate projects or alternative fuels. They also committed to avoiding vague green wording, clarifying the use of “sustainable aviation fuels”, improving CO₂ calculation transparency, and substantiating environmental claims with scientific evidence. National authorities will monitor implementation and may enforce where needed.
🔗 Read more → European Commission, Table of the Commitments of Airlines (PDF)

German Court Finds FIFA’s “Climate Neutral” 2022 World Cup Claims Misleading
Germany’s Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband) has won a greenwashing case against FIFA over climate claims about the 2022 World Cup in Qatar. The Berlin Regional Court held that several statements on FIFA’s German website, including promises of a “fully climate-neutral tournament”, “energy-efficient stadiums”, and “low-emission transport”, were unlawful and misleading. The court found that FIFA used vague terms, such as “climate-neutral”, without clearly explaining how emissions would be reduced versus offset. Judges warned that this could cause consumers to overestimate actual emission reductions, which are central to climate protection.
🔗 Read more → Verbraucherzentrale Bundesverband, Court Judgment (PDF)

💡 Insight of the Week

Turning Climate Court Rulings into Real Climate Action
An Oxford Bonavero Institute study finds that courts are becoming key catalysts for climate governance, but that implementation often lags behind. Reviewing 15 global decisions, the authors show how judges enforce existing climate laws, push for new legislation, require independent oversight, and strengthen access to justice, especially for vulnerable groups. Yet political resistance, complex multi-level governance, and economic tradeoffs frequently hinder follow-through. The study proposes four principles for “smart” remedies that balance specificity, science, institutional capacity, and accountability to turn courtroom wins into real climate progress.
🔗 Read more → University of Oxford, Bonavero Report 4/2025 (Marcelo Lozada Gomez and Başak Çalı, From Litigation to Implementation: Framing Smart Remedies in Rights-based Climate Litigation)

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