Rise of ‘greenwashing’ lawsuits a big worry for business

While some eco-activists break the law, others are using it to their advantage, writes Chris Blackhurst. The rise of ‘greenwashing’ – the suing of companies over their climate change credentials – is a fast-growing field of litigation that should have big corps seriously concerned

Greenpeace campaigners outside the High Court to challenge the government’s decision to announce a new round of oil and gas licensing (Tom Gibbs/Greenpeace)

At the last count, there were more than 1,000 cases pending in the US courts. In Australia, the country with the next highest, there were almost 200. The UK and other jurisdictions are also notching up increasing instances of lawsuits in this area.

This is the new, fast-growing field of litigation: the climate crisis. Businesses need to wake up, and quick.

As governments prevaricate and stumble over setting meaningful climate targets, activists and campaigners are stepping up their efforts. Some are glueing themselves to roads and disrupting traffic and breaking the law, others are actually using the law to their advantage. In their sights are businesses that have allegedly failed to adhere to ESG policies and measures (Environmental, social, and corporate governance) that have become enshrined in regulation and statute.