What the Supreme Court’s Loper Bright Decision Means for ESG, and Other Key Trends

For companies, navigating the ESG landscape means balancing various stakeholder demands, keeping abreast of rapidly-changing new laws and regulations, and calibrating contradictory litigation risks. Last week, this already-difficult landscape was complicated further by the Supreme Court’s June 28 decision in Loper Bright Enterprises v. Raimondo, overturning the Court’s long-held approach to regulatory deference embodied in the 40-year old Chevron doctrine. The Loper Bright decision could have significant impacts on the future of environmental and ESG regulation, creating new hurdles for agency rulemaking around these emerging issues, and calling into question current administrative actions.

Loper Bright follows a variety of other key decisions and developments that are shaping ESG-related litigation trends. These include:

–A circuit court decision dealing a new setback to DEI efforts in Fearless Fund;

–A state court decision exposing potential cracks in U.S. states’ anti-ESG efforts in Keenan v. Russ;

–Decisions in Montana and Switzerland establishing the right to a healthy environment; and

–A variety of developments in greenwashing class action litigation claims.

Source: What the Supreme Court’s Loper Bright Decision Means for ESG, and Other Key Trends