Issue - October 14, 2025

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Good morning. It’s Tuesday, October 14, and this week’s ESG Litigation Weekly covers a record UK river pollution lawsuit over the Wye, Lugg, and Usk, the Bonaire climate case testing the International Court of Justice advisory opinion on state duties, Singapore’s new guidance on quality-related claims to curb greenwashing, and more.

⚖️ ESG Casefile

Thousands Join Record UK River Pollution Lawsuit
Nearly 4,000 residents and river users have joined a High Court claim described as the UK’s largest environmental pollution case, alleging extensive pollution of the Wye, Lugg, and Usk rivers by Avara Foods, its subsidiary Freemans of Newent, and Welsh Water. Claimants seek substantial damages and a court-ordered cleanup, citing harms to businesses, property values, and recreation. Allegations include negligence, public and private nuisance, and trespass, with pollution blamed on poultry manure runoff and sewage discharges. The companies deny the claims. Welsh Water points to recent investments in achieving “real improvements in water quality”, and Avara Foods says supplier farms do not store or spread manure.
🔗 Read more → BBC, Leigh Day

Bonaire Climate Case Tests ICJ Opinion on State Duties
On October 7-8, residents of Bonaire, joined by Greenpeace Netherlands, faced the Dutch government in court to demand protection from climate impacts. The case is positioned as an early test of the International Court of Justice (ICJ) advisory opinion that states have binding obligations to prevent climate harm and protect human rights. Plaintiffs seek both mitigation and adaptation: net zero within the Netherlands by 2040 and a robust adaptation plan for Bonaire. They emphasize climate justice and non-discrimination, arguing they deserve equal protection to that of municipalities in the European Netherlands. The outcome is expected to be closely watched worldwide.
🔗 Read more → Greenpeace International

Groups Sue EPA Over Termination of $7 Billion “Solar for All” Program
Labor and nonprofit groups sued the Environmental Protection Agency (EPA) over its termination of the $7 billion Solar for All program, which was intended to expand solar access to more than 900,000 low-income American households. Filed in Rhode Island by plaintiffs including the Rhode Island AFL-CIO, the Rhode Island Center for Justice, and Solar United Neighbors, the suit argues the Trump administration acted unlawfully and asks the court to reinstate the program. Plaintiffs contend the funds had already been awarded. Citing prior EPA estimates, the complaint notes the program’s expected impacts of about $400 in annual electricity bill savings per household and about 30 million tCO₂e in cumulative emissions reductions. The Solar for All program was part of the $27 billion Greenhouse Gas Reduction Fund (GGRF).
🔗 Read more → The Associated Press, Court Complaint (PDF via SELC)

Nebraska AG Sues OPPD Over North Omaha Coal Retirements and Policy Priorities
The Nebraska Attorney General filed a Douglas County complaint seeking declaratory and injunctive relief against Omaha Public Power District (OPPD), its CEO, and board, alleging the utility prioritized environmental considerations over cost and reliability in violation of state public policy. The suit targets plans to eliminate coal-fired generation and retire three units at the North Omaha Station, asserts the actions are ultra vires and breach fiduciary duties, and cites OPPD’s net zero and environmental justice policies. The State asks the court to halt the retirements and require policies that prioritize cost and reliability.
🔗 Read more → Court Complaint (PDF)

U.S. Supreme Court Declines Challenge to Washington’s Carbon Market
The U.S. Supreme Court declined to hear Invenergy Thermal LLC and Grays Harbor Energy LLC’s challenge to Washington’s Climate Commitment Act (CCA), leaving in place rulings that upheld the state’s cap-and-invest program. Invenergy, which operates a natural gas plant in Grays Harbor County, had argued the law discriminated against privately operated plants and treated them as out-of-state business. A federal judge rejected the claims in 2023, and the Ninth Circuit affirmed. Voters also rejected a repeal initiative, with 62% supporting the carbon market. State officials welcomed the denial as further validation of the policy.
🔗 Read more → The Seattle Times, U.S. Supreme Court Docket

🏛️ Regulatory Developments

Singapore Issues Guide on Quality-Related Claims to Curb Greenwashing and Misleading Marketing
The Competition and Consumer Commission of Singapore (CCS) published a guide to help suppliers avoid unfair trade practices under the Consumer Protection Fair Trading Act 2003 (CPFTA) when making quality-related claims, including environmental claims. The guide sets five principles: claims must be true and accurate, clear and easily understood, meaningful, accompanied by material information, and supported by valid evidence. It warns against vague or self-declared labels that may mislead, and urges periodic review and substantiation. CCS can investigate egregious cases and take court action. The guide applies to claims across media and formats, including words, images, logos, and certifications.
🔗 Read more → CCS Guide on Quality-related Claims (PDF)

European Parliament Groups Move to Narrow CSDDD Before Plenary Vote
Lawmakers from the European People’s Party (EPP), Socialists, and Renew reached a deal to scale back the Corporate Sustainability Due Diligence Directive (CSDDD). The revised plan would apply only to companies with at least 5,000 employees and €1.5 billion in turnover, up from 1,000 employees and €450 million. Supporters say simplification is needed to reduce the burden before the 2027 start date. Critics warn that it weakens accountability for human rights and environmental harms. A Socialist lead negotiator resigned over the compromise. Parliament will vote later this month before talks with EU countries on final changes.
🔗 Read more → Reuters

U.S. Rejects IMO “Net Zero Framework,” Signals Retaliatory Actions
Secretaries of State Rubio, Energy Wright, and Transportation Duffy issued a joint statement rejecting the International Maritime Organization’s (IMO) proposed Net Zero Framework (NZF), which they call the UN’s first global carbon tax. They warn that some estimates suggest shipping costs could rise 10% or more and urge IMO members to vote against the plan at the October meeting. The United States signals potential remedies against countries supporting the NZF, including investigations and blocking vessels, visa restrictions for maritime crews, commercial penalties tied to U.S. government shipping and liquified natural gas infrastructure contracts, additional port fees, and possible sanctions on officials.
🔗 Read more → U.S. Department of State

ISO Releases ISO 17298 to Embed Biodiversity in Strategy and Operations
ISO has published ISO 17298, a framework to help organizations of any size understand and address biodiversity dependencies, impacts, and risks. The standard guides assessments of how an organization’s activities interact with nature, prioritization of actions at operational and landscape levels, and setting and monitoring of measurable objectives. It supports alignment with global frameworks, such as the Kunming-Montreal Global Biodiversity Framework, and biodiversity integration with broader sustainability initiatives, such as ISO 14001 and ISO 26000.
🔗 Read more → ISO 17298:2025

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🧼 Greenwashing Watch

Bochum Court Stops Deichmann “Sustainable” Advertising After DUH Suit
On October 7, 2025, Deutsche Umwelthilfe (DUH) announced that the Regional Court of Bochum granted injunctive relief in case I-16 O 28/25 against Deichmann over misleading “Nachhaltigkeit: Ja” (“Sustainability: Yes”) advertising. After the court indicated DUH would prevail, Deichmann acknowledged the claim and must stop labeling the shoe and related products as “sustainable” and cease the advertising. DUH said the retailer had promoted thousands of products as sustainable without substantiating environmental benefits and that the shoe showed no environmental advantages over competitors. DUH emphasized that vague, unsubstantiated green claims mislead consumers.
🔗 Read more → Deutsche Umwelthilfe (in German)

💡 Insight of the Week

RepRisk: Share of Firms Linked to Biodiversity and Greenwashing Risks Doubles
RepRisk reports that the share of companies linked to both greenwashing and biodiversity risks rose from 3% in 2021 to 6% in 2025. Biodiversity ranked among the top environmental issues over the past five years and accounted for 38% of flagged issues in the year ending June 2025, ahead of pollution at 33% and waste at 17%. Financial services face notable exposure, with 294 firms flagged for greenwashing risk in 2025, a 19% increase from 248 in 2024. Regional trends diverge, with risk declining in the EU and rising in the United States and the United Kingdom. Greenwashing often recurs, as seen in airlines, where most firms flagged in 2024 were flagged again in 2025.
🔗 Read more → RepRisk Special Report

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