Growing ESG Risks: The Rise of Litigation
As companies increase their environmental, social, governance (ESG) reporting and statements in response to market and shareholder demands, plaintiffs have pursued with growing success legal challenges to company claims and disclosures related to ESG performance. Similarly, inventive theories are being put forward to directly attack companies for alleged ESG-related performance and operational deficiencies. In both arenas, there has been a recent growth in efforts to hold companies accountable for supplier misconduct.
Mineral County v. Lyon County
The Nevada Supreme Court held that the public trust doctrine did not permit reallocation of water rights already adjudicated and settled under the doctrine of prior appropriation in a lawsuit concerning established water rights for a deteriorating lake in western Nevada. The court found that while t...