Anti-ESG Update: Navigating The Backlash On ESG

The ESG landscape is evolving. The EU legislator is scaling back ESG legislation via the Omnibus simplification packages. As a result, litigation is now becoming a key tool for enforcing ESG standards in relation to corporate accountability At the same time, we observe a growing backlash: ESG litigation is on the rise, but so is resistance to ESG initiatives – manifesting in anti-ESG litigation, strategic lawsuits against public participation (SLAPPs) aimed at silencing ESG advocacy, and corporate interventions in proceedings to promote competing priorities such as energy affordability. In this blog, we explore how this backlash reshapes ESG accountability, with a focus on recent developments in the Netherlands.