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ARTICLE · 14 OCTOBER 2022

Energy & Sustainability Litigation Updates — October 2022

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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Regulatory Developments Among State AGs. Over the past few weeks, various state attorneys general have either issued guidance or initiated enforcement actions in connection with ESG ratings.

United StatesEnergy and Natural Resources
Jacob Hupart
Jacob Hupart
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Regulatory Developments Among State AGs.  Over the past few weeks, various state attorneys general have either issued guidance or initiated enforcement actions in connection with ESG ratings. Specifically, among other things, nineteen state attorneys general, spearheaded by the Attorney General of Missouri, have announced an “investigation into ESG (environmental, social, governance) investing ratings company Morningstar Inc. and its subsidiary Sustainalytics for alleged consumer fraud or unfair trade practices” in connection with certain allegedly misleading ESG ratings. This particular investigation has focused in particular on how certain ESG ratings may have violated state laws against the BDS movement (a Palestinian-led campaign for “boycott, divestment, and sanctions” against Israel), although it also seeks to investigate the reliability of ESG ratings generally. Additionally, the attorneys general of Louisiana and Indiana each separately issued guidance that

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