What is ESG litigation?

ESG litigation involves lawsuits related to Environmental, Social, and Governance issues, such as greenwashing (misleading environmental claims), labor violations, unsafe working conditions, and misleading corporate disclosures regarding ESG performance. Plaintiffs may include investors, employees, consumers, or regulatory bodies.

How does environmental law affect businesses in Massachusetts?

Businesses must comply with state and federal environmental laws, including the Massachusetts Global Warming Solutions Act (M.G.L. c. 21N), the federal Clean Air Act, and the federal Clean Water Act. Noncompliance may lead to enforcement actions by agencies like MassDEP, civil penalties, or citizen suits.

What social or governance issues can lead to legal claims?

Legal risks include claims related to discrimination (M.G.L. c. 151B), wage theft, unsafe working conditions, securities fraud (based on misleading ESG disclosures to investors), and breach of fiduciary duties by corporate officers and directors.

Can I sue a company for misleading ESG claims?

Possibly. If a company misrepresents its ESG performance or impact and it results in harm (e.g., financial loss for investors relying on the statements, or consumer deception), plaintiffs may bring claims under consumer protection laws (like M.G.L. c. 93A) or federal/state securities fraud statutes.

ESG Litigation

We represent those harmed by greenwashing, ESG fraud, and corporate misconduct.

$10T

Estimated global cost of climate change to the economy by 2100 if urgent action is not taken. 1

2/3

Of global executives view ESG compliance as a critical component of long-term financial success. 2

$1B

Largest ESG-related settlement in U.S. history involving misleading environmental claims by a multinational corporation. 3

32%

Percentage of investors who have increased their focus on ESG issues over the past five years, according to PwC. 4

Corporate negligence in cases involving hazardous waste disposal and environmental cleanup frequently results in settlements ranging from millions to billions of dollars.

Environmental, Social, and Governance (ESG) standards evaluate a company’s practices, including its environmental impact, treatment of workers, and governance transparency. As businesses face increasing scrutiny, failures in ESG compliance can result in significant legal consequences, including claims for environmental damage, labor violations, breach of fiduciary duties, and fraudulent misrepresentation. Our firm represents individuals, nonprofits, and organizations in holding corporations accountable for violations, such as pollution, unsafe working conditions, discrimination, deceptive practices, and governance failures that harm the environment, workers, and communities. We seek remedies for those impacted by irresponsible corporate conduct through regulatory enforcement and litigation.

Overview

We pursue legal action against corporations for ESG violations—including deceptive environmental claims, labor abuses, and governance failures—on behalf of individuals, nonprofits, and communities seeking accountability and justice.

Plaintiffs can use statutes like the Clean Water Act, Clean Air Act, and OSHA to hold corporations accountable for environmental damage and workplace safety violations.

Your Rights

If you or your organization has been harmed by corporate misconduct related to environmental, social, or governance (ESG) violations, you may have legal grounds to take action. Companies that fail to meet their legal obligations can be held accountable under state, federal, and international laws.

Environmental Violations – Corporations that pollute air or water, mismanage hazardous waste, or engage in greenwashing may be liable under laws like the Clean Water Act, Clean Air Act, and Resource Conservation and Recovery Act (RCRA). If you or your community has suffered harm due to environmental violations, you may have a claim for damages, remediation, or injunctive relief.
Labor Violations & Workplace Safety– If you have experienced unsafe working conditions, wage theft, forced labor, or other labor rights violations, you may be able to bring legal claims under laws such as the Occupational Safety and Health Act (OSHA), Fair Labor Standards Act (FLSA), and state labor laws. These claims can lead to compensation, improved working conditions, and employer accountability.
Fraudulent or Misleading Governance Practices – Shareholders, employees, and stakeholders who have been harmed by corporate governance failures—such as securities fraud, financial misrepresentation, or breaches of fiduciary duty—may have grounds for litigation under federal securities laws and state corporate governance statutes. If a company has misled investors or engaged in unethical financial practices, legal action can seek damages and structural reforms.
Whistleblower Protection & Retaliation Claims – Employees who report ESG-related violations, including environmental fraud, financial misconduct, or labor abuses, are protected under federal and state whistleblower laws such as the Dodd-Frank Act, Sarbanes-Oxley Act, and False Claims Act. If you have faced retaliation for speaking out, you may be entitled to reinstatement, lost wages, and additional legal protections.

DOJ environmental enforcement in FY 2022 secured over $820 million in fines and penalties, alongside $3.1 billion in injunctive relief for air, water, and hazardous waste violations.

Lawyers' Role

Litigation for ESG Violations: Our firm offers representation in actions against companies that fail to meet ESG standards, including cases involving misleading environmental claims, poor labor practices, and governance failures.
Support for Whistleblowers: Legal services are available for whistleblowers who report corporate failures in ESG practices, with guidance on navigating reporting channels and pursuing remedies.
Class Actions for ESG Accountability: Representation is available in class actions brought by individuals or communities harmed by corporate negligence, with a focus on achieving systemic change and pursuing compensation.
Advocacy for Corporate Transparency: Legal strategies can be pursued to compel greater transparency in corporate ESG practices, helping stakeholders stay informed and protected.
Advocacy for Corporate Transparency: Legal strategies can be pursued to compel greater transparency in corporate ESG practices, helping stakeholders stay informed and protected.

How We Can Help

Hold Corporations Accountable for Environmental Damage

Represent individuals, communities, and organizations harmed by water and air pollution, waste management failures, and false environmental claims.

Advocate for Fair Labor Practices

Support workers harmed by workplace safety violations, wage theft, and exploitation.

Challenge Greenwashing and Misrepresentation

Litigate claims involving fraudulent environmental statements, deceptive sustainability marketing, and ESG misrepresentations.

Pursue Justice for Human Rights Violations

Represent victims of corporate human rights abuses, including forced labor and inadequate workplace protections.

Support Corporate Governance Reforms

Advocate for shareholders and stakeholders addressing corporate mismanagement and breaches of fiduciary duty.

Environmental Class Actions

Lead class actions for communities impacted by hazardous material exposure, pollution, and public nuisances.

Workplace Safety and Accountability

Hold companies accountable for workplace injuries, exploitation, and retaliation against employees.

ESG Fraud and Fiduciary Duty Violations

Pursue claims against corporations and directors for fraudulent ESG practices and misrepresentations to investors.

Provide Regulatory Compliance Guidance

Counsel businesses navigating ESG regulations to minimize liability and ensure compliance.

Support for Whistleblowers Reporting ESG Violations

Protect employees who report ESG violations and pursue retaliation claims on their behalf.

Supply Chain Transparency Advocacy

Compel corporations to disclose and remedy supply-chain abuses including deforestation and forced labor.

Shareholder ESG Activism

Bring derivative suits against directors who ignore climate risks or breach ESG commitments.

Anti-Corruption & Governance Failures

Hold corporations accountable for bribery, fraud, and fiduciary breaches including off-book dealings and board negligence.

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