In California, the Climate Corporate Accountability Act (CCAA), also known as SB 260, is making its way through the state legislature, as it passed the state Senate by a margin of 23-7. The bill is currently being considered by the California Assembly, whereafter it...
ESG
SEC ESG Decision Set For March 21
On March 21, 2022, the Securities and Exchange Commission (SEC) will vote on a proposed rule for climate-relate disclosure statements for all SEC-registered companies. This will mark the first action by the SEC since it announced in 2021 that it intended to provide...
ASTM PFAS Standards Closer To Adoption By EPA
In June 2021, we predicted that the American Society for Testing and Material (“ASTM”) would revise its existing “gold standard” for environmental due diligence – the Phase I environment site assessment – to update certain definitions, recommended processes, and for...
L’Oreal PFAS Lawsuit Shows the Danger of ESG Marketing
For the second time in less than a month, L'Oreal finds itself embroiled in a PFAS lawsuit related to its mascara products. The L'Oreal PFAS lawsuit was filed in the New York federal court on March 9, 2022. Cosmetics and PFAS is a topic that saw increased scrutiny...
Cosmetics and PFAS: Lawsuit Alleges False Marketing
Cosmetics and PFAS is a topic that saw increased scrutiny from the scientific community, legislature, and the media in 2021. As we predicted in early 2021, the increased attention on the industry presented significant risks to the cosmetics industry, and our...
PFAS and Cosmetics: Another Lawsuit, Another ESG Lesson
PFAS and cosmetics is a topic that saw increased scrutiny from the scientific community, legislature, and the media in 2021. As we predicted in early 2021, the increased attention on the industry presented significant risks to the cosmetics industry, and our...
Super Bowl Ads and Greenwashing: Critics Quick To Attack
Over 112 million people tuned in on Super Bowl Sunday to watch the NFL championship game, many of them also (or even exclusively) to watch the commercials that aired throughout the night. Even the casual viewer likely noticed almost ten different commercials that...
Environmental Justice Issues At Play In Utah Rail Project
On February 11, 2022, several conservation groups filed a Petition challenging the federal government's approval of a rail line that would link the national rail network to oil and gas resources in Utah and Colorado. While many of the groups' arguments focus on...
Restaurant Greenwashing: Diners Beware or Industry Beware?
In June 2021, a class action lawsuit was filed in California in which restaurant greenwashing was alleged due to sustainability statements made on Red Lobster's menus. Now, Red Lobster has filed pleadings with the court seeking to have the case dismissed, arguing that...
John Gardella’s ESG Thought Leadership Published In The Fashion Law
John Gardella's recent ESG fashion article entitled "Greenwashing and Fashion Industry: UK's Next Target" was published on our website and the National Law Review. The article was picked up and utilized by The Fashion Law's news site in the article "Greenwashing...