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A tempest of change: impact of climate-related litigation and regulation

Author(s): Jennifer Fairfax, Lawrence E. Ritchie, John M. Valley, Andrew MacDougall, Ankita Gupta

Dec 11, 2023

It was a year of significant change for climate-related litigation and regulation in 2023. The volume of climate litigation increased significantly worldwide with mixed results for all parties involved. Disputes over governmental jurisdiction to pass environmental laws persisted. Governments also launched several legislative initiatives, some pro-ESG and others “anti-woke.”

In light of the continued focus on climate change worldwide, we expect climate litigation and policy-making to increase in 2024. Going forward, businesses should prepare for an anticipated rise in lawsuits targeted at preventing perceived environmentally harmful development and investment activities, scrutinizing businesses’ environmental disclosure and climate claims and targeting corporate boards and their decision making. Businesses can also expect enhanced legislative and regulatory action mandating disclosure regarding climate change matters by issuers...

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