ESG And Class Actions

Currently, three letters are a hot topic in the legal, business and financial world: ESG (Environmental, Social & Governance). Simultaneously with the rise of ESG, so-called "ESG disputes" emerged. Two notable examples within this context are the legal battles between Urgenda and the Dutch State (the "Urgenda case") and the case initiated by Milieudefensie against Royal Dutch Shell (the "RDS case"). In both cases, successful class actions were taken to enforce responsible climate policies in the courtroom.

In practice, a wide range of claims can fall under ESG, including disputes relating to climate change, human rights abuses, securities and consumer disputes arising from allegations that companies have misrepresented the sustainability of their products or services, and other environmental or social issues.