Is Climate Change Impacting D&O Liability?

For the most part, the proliferation of litigation involving climate change in the United States has primarily focused on the corporate entities.  Recently, however, there have been some suits filed against Directors and Officers ("D&O").  The few that have been filed have been mostly related to disclosures concerning fossil fuels; the same corporation that have been subject to increased regulatory scrutiny and environmental activism in the United States.  To date, the allegations against the D&Os have concerned their alleged failure to disclose corporate exposure in connection with their company's use of fossil fuels and the nexus between such non-disclosure and a host of environmental concerns.  Thus, there have been claims against D&Os of large oil companies, such as Exxon Mobil, as well as automobile companies, including Volkswagen.