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ANALYSIS: ESG Litigation—Poised for an Increase?

June 14, 2022, 12:53 PM

In the wake of the SEC’s proposed rule for climate-related disclosures, latent fears over the potential for a surge of ESG-related litigation have escalated. Corporations are developing ESG due diligence and risk management practices to proactively mitigate ESG-related litigation risks.

It is too early to tell whether these efforts are successfully tamping down ESG-related litigation. But trends in the U.S. federal court dockets show very little change in ESG-related litigation activity overall.

From June 2021 through May 2022, 680 ESG-related complaints were filed in federal court—down slightly from the 712 ESG-related complaints filed in federal court from June 2020 ...