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ARTICLE · 18 FEBRUARY 2023

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Greenwashing – the new frontier

Gilchrist Connell
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There has been a recent increase in greenwashing and ESG claims against companies and directors.

AustraliaEnvironment
Celia Wright
Celia Wright
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The first few weeks of 2023 have seen a flurry of action against companies and directors associated with environmental, social and governance (ESG) issues. In some cases, the claims seek novel remedies. This is at a time when there is increased regulatory focus on this area in Australia by both ASIC and the ACCC.

  • In January 2023, the Australasian Centre for Corporate Responsibility (ACCR) and global institutional investors filed a shareholder resolution to Glencore PLC, seeking information of how the company's thermal coal operations align with the Paris Agreement to limit global warming to 1.5C, following statements made by the company in 2021. The ACCR is also a plaintiff in Federal Court proceedings against Santos alleging it engaged in misleading or deceptive conduct by claiming that it produces clean energy and has a pathway to reach net zero emissions.

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