Montana Supreme Court upholds climate judgment
On 18 December, the Montana Supreme Court upheld a lower court’s climate judgment in the case of 16 youth plaintiffs versus the state of Montana. The Court affirmed the unconstitutionality of two state laws that barred GHG emissions analyses in state agencies’ environmental impact assessments. Citing the ‘overwhelming scientific evidence’ of the severe consequences of climate change for the world and particularly for the state of Montana and its economy, the Court found that Montana’s constitutional right to a clean and healthful environment encompasses the right to a stable climate system. It considered that while emissions relating to energy projects in Montana may be insignificant on a global scale, they can still affect Montana’s environment and result in unconstitutional degradations thereof.
German higher regional court confirms greenwashing judgment
On 13 December, the Cologne Higher Regional Court upheld a judgment declaring a German airline’s climate-related statements misleading under the EU Unfair Commercial Practices Directive (UCPD). The airline had advertised ‘CO2-neutral travel’ and ‘Together we are making flying more sustainable. Offset CO2 emissions and take off’. The Court found the term ‘offset emissions’ ambiguous regarding the type and timing of compensation, and how compensation takes place. It was unclear if project donations and sustainable aviation fuel fully compensated for individual customers' flights. Explanations on linked pages were insufficient; advertisements must be complete and correct independently. The Court ruled that there is ‘no doubt’ that environmental benefit claims can influence booking behaviour, and affirmed the lower court’s order for the airline to refrain from making the contested statements.
French NGO files greenwashing complaint against beverage company
On 27 November, the France Nature Environnement (FNE) announced that it had filed a complaint against Coca-Cola with the Nanterre Attorney General, in relation with zero-waste claims during the Paris Olympics. FNE claims that despite promoting sustainability, Coca-Cola distributed more than six million of the beverages during the games in plastic bottles. FNE alleges that this constitutes unfair commercial practices, as the French Consumer Protection Law prohibits claims that mislead consumers regarding the environmental impact of a product.
Previous updates
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ESG litigation updates in 2024
See our overview of ESG litigation updates in 2024 here.
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ESG litigation updates in 2023
See our overview of ESG litigation updates in 2023 here
