Issue - November 4, 2025

In partnership with

Good morning. It’s Tuesday, November 4, and this week’s ESG Litigation Weekly covers the European Court of Human Rights’ Norway oil ruling clarifying climate assessment duties, a U.S. court’s dismissal of the Mondelez “climate neutral certified” labeling suit over Clif Bar products, Mighty Earth’s greenwashing legal actions targeting JBS’s “Net Zero by 2040” claims and related bonds, and more.

⚖️ ESG Casefile

ECHR Clarifies Climate Assessment Duties in Norway Oil Case
In Greenpeace Nordic and Others v. Norway, the European Court of Human Rights (ECHR) held unanimously that Norway did not violate Article 8 when it awarded 2016 petroleum exploration licenses without a full climate assessment at that stage. The Court stressed that States must carry out adequate, timely, and comprehensive environmental impact assessments in good faith and based on the best available science, including climate impacts. Compatibility with climate obligations shall also be assessed with safeguards for public participation and judicial review. However, deferring that assessment to later project phases is not inherently insufficient under the Convention. Parts of the application were found inadmissible.
🔗 Read more → ECHR, Judgment via ECHR’s HUDOC

Pakistani Farmers Move to Sue RWE and Heidelberg Materials Over 2022 Flood Losses
Lawyers for 43 farmers from Sindh, Pakistan, sent letters before action to RWE and Heidelberg Materials, signaling plans to sue later this year over climate-linked flood damage. Pakistan suffered devastating floods in 2022 that killed at least 1,700 people, displaced 33 million, and caused up to $30 billion in losses. The claimants seek acknowledgment of liability and about €1 million in compensation. Citing Climate Accountability Institute figures reported by The Guardian, they say RWE and Heidelberg Materials account for 0.68% and 0.12% of global industrial emissions since 1965. Both companies said they are reviewing the letters.
🔗 Read more → The Guardian

Youth Sue CPP Investments Over Alleged Climate Risk Mismanagement
Four young Canadians filed a lawsuit against the Canada Pension Plan Investment Board (“CPP Investments”), alleging it breached legal duties by underestimating and failing to disclose climate risks, which could leave contributors retiring after 2050 facing lower benefits or higher contribution rates. The case alleges that CPP Investments’ climate models underplay financial risks and criticizes the fund's continued exposure to fossil fuels after it backtracked on its net-zero commitment earlier this year. Plaintiffs call it Canada’s first suit against an investor for mismanaging climate risk and the first globally centered on intergenerational impartiality. CPP Investments manages about C$732 billion for more than 22 million Canadians.
🔗 Read more → Media Backgrounder by ecojustice

CARB Sues Truck Makers to Enforce Clean Truck Partnership
On October 27, the California Air Resources Board (CARB) sued Daimler Truck North America, Volvo Group North America, PACCAR, and Navistar in Alameda County Superior Court for allegedly breaching a 2023 Clean Truck Partnership. The deal required manufacturers to meet the Advanced Clean Trucks and Omnibus rules and to refrain from challenging California’s authority. CARB says it delivered regulatory flexibilities and revised engine standards, yet the companies have indicated they will not comply. CARB seeks specific performance or rescission with cost recovery. The manufacturers previously filed a suit in August, alleging that California is trying to enforce heavy-duty truck emissions regulations that Congress preempted under the federal Clean Air Act.
🔗 Read more → Complaint Filing (PDF via Politico)

🏛️ Regulatory Developments

UK Legislation Brings ESG Ratings Under FCA Oversight
The UK Financial Conduct Authority (FCA) welcomed government legislation that brings ESG ratings providers into its remit to improve transparency, reliability, and comparability. With the legislation now laid before Parliament, the FCA plans to consult on proposed rules before the end of the year. Its approach, informed by IOSCO recommendations, will focus on transparency, governance, systems and controls, and conflicts of interest. The FCA will also publish guidance to help firms assess whether their activities fall under regulation and require authorization, aiming to raise trust while keeping the market competitive.
🔗 Read more → FCA, Draft Statutory Instruments (The Financial Services and Markets Act 2000 (Regulated Activities) (ESG Ratings) Order 2025)

Australia Introduces Bill to Overhaul EPBC Act With Stronger Protections and Faster Approvals
The government introduced the Environment Protection Reform Bill (EPBC) 2025 to update the EPBC Act with three pillars: stronger environmental protection and restoration, more efficient approvals, and greater accountability and transparency. The bill would enable National Environmental Standards, define unacceptable impacts, create a net gain offsets regime with a Restoration Contributions Holder, and increase penalties. It would streamline approvals via new bilateral agreements with states, a Streamlined Assessment Pathway, and regional planning. It would also establish an independent National EPA with stop-work and audit powers, retain ministerial approval authority, and require emissions disclosure aligned with the Safeguard Mechanism.
🔗 Read more → Environment Protection Reform Bill 2025, Australian Government’s Press Release

Galicia Advances Voluntary Carbon Market With Digital Platform
Galicia’s regional government published a decree in the Official Gazette establishing the region’s first voluntary carbon credit system. The market will match project developers with buyers, with one credit equal to one metric ton of CO₂ reduced or removed. Eligible projects include reforestation, marine and coastal restoration, regenerative agriculture, and renewable energy. An electronic platform will manage verified transactions to ensure traceability and security, with initial certification and ongoing validation of projects. A technical committee will assess methodologies. Planned to be operational by 2026, the system supports Galicia’s 2040 climate-neutrality goal under its draft climate law.
🔗 Read more → DECRETO 95/2025

Senate Bill Would Limit ERISA Decisions to Pecuniary Factors, Narrow ESG Use
Senators Bill Cassidy and Jim Banks introduced S.3086 to codify a Trump-era approach to ESG by requiring ERISA fiduciaries to base investment and proxy decisions only on pecuniary factors. ESG considerations are permitted only when they are financially material. If options are indistinguishable on pecuniary grounds, fiduciaries must use a random “capita aut navia” tiebreaker and document why. The bill extends the pecuniary standard to shareholder rights and recordkeeping. A companion bill, S.3083, adds brokerage window disclosures. Both were referred to the Senate HELP Committee.
🔗 Read more → PSCA News, Restoring Integrity in Fiduciary Duty Act (S.3086), Providing Complete Information to Retirement Investors Act (S.3083)

In partnership with Author.Inc

Smart leaders don’t write books alone.

You built your business with a team. Your book should be no different.

Author.Inc helps founders and executives turn their ideas into world-class books that build revenue, reputation, and reach.

Their team – the same people behind projects with Tim Ferriss and Codie Sanchez – knows how to turn your expertise into something that moves markets.

Schedule a complimentary 15-minute call with Author.Inc’s co-founder to map out your Book Blueprint to identify your audience, angles, and ROI.

Do this before you commit a cent, or sentence. If it’s a go, they’ll show you how to write and publish it at a world-class level. 

If it’s a wait, you just avoided wasting time and money.

Get Your Free Book Blueprint.

🧼 Greenwashing Watch

Judge Dismisses Greenwashing Suit Over “Climate Neutral” Clif Bar Label
U.S. District Judge Manish Shah dismissed with prejudice a proposed class action alleging Mondelez misled consumers by labeling Clif Kid Zbar and Zbar Protein as “climate neutral certified”. She held that the packaging accurately reflected certification by the nonprofit Change Climate Project, distinguishing between claiming the products are “climate neutral” and stating they are “certified” as such. The plaintiff cited manufacturing emissions and alleged California consumer law violations, but the court found Mondelez’s statement was true and not deceptive.
🔗 Read more → Reuters, Court Order (PDF via Justia)

Mighty Earth targets JBS and Barclays over “Net Zero by 2040” claims and bonds
Advocacy group Mighty Earth launched two related actions. In Washington, D.C., it sued JBS USA under the Consumer Protection Procedures Act, alleging the company’s “Net Zero by 2040” marketing misleads consumers because it excludes Scope 3 supply-chain emissions, which Mighty Earth says account for about 97% of JBS Group’s footprint. The filing cites past advertising decisions by the National Advertising Review Board urging JBS to discontinue the claim. Separately in the UK, Mighty Earth asked the FCA to investigate Barclays for underwriting $3 billion of JBS Sustainability-Linked Bonds (SLBs) that were allegedly tied to the same net-zero narrative, noting the bank’s previous £42 million FCA fine for due diligence failings and asserting the JBS SLBs made up roughly 40% of Barclays’ 2021 sustainable financing target.
🔗 Read more → Mighty Earth (D.C. Lawsuit: Press Release, Court Filing | FCA Complaint: Press Release, Complaint Briefing)

Keurig Settles K-Cup ‘Recyclable’ Class Action in Canada; Payouts Up to $50
Keurig Dr Pepper agreed to a C$1.85 million settlement, subject to December approval, over claims its K-Cup recyclability marketing misled consumers. Canadians who bought pods or machines since June 8, 2016, can claim up to $50 (or $7 without proof). Keurig denies wrongdoing. In 2022, Canada’s Competition Bureau fined Keurig Canada C$3 million over similar claims.
🔗 Read more → Financial Post, Notice of Certification and Settlement Approval Hearing (PDF via kcupsrecyclingsettlement.ca)

💡 Insight of the Week

Big Ag’s Greenwashing Playbook to Watch at COP30
DeSmog flags eight key narratives among food and farming companies likely to emerge at COP30 that could blur climate accountability. Expect talking points such as on regenerative and tropical agriculture, bioeconomy, efficiency claims, the “Big Ag is progress and development”, and “we feed the world” messaging. In Belém, agribusiness will present itself as the climate fix while lobbying to avoid production cuts, downplaying impacts, pushing unreliable emissions-reduction tech fixes, and warning that binding regulations threaten human health and prosperity.
🔗 Read more → DeSmog

📚 Browse Past Issues

Catch up on previous editions → ESGLitigation.com

🤝 Support & Contact Us

Enjoyed this issue? We would appreciate it if you could support us by following our LinkedIn page.
Have feedback or collaboration ideas? Contact us at [email protected]