Greenwashing Litigation Trends Update

The following is a summary of significant greenwashing litigation developments in the United States during the summer and early fall of 2026, as well as the U.S. Supreme Court’s October 5, 2026 oral argument in Suncor v. Boulder County. It covers actions by governmental actors and private plaintiffs.

The Supreme Court’s consideration of whether federal law preempts state law climate claims remains a very consequential pending development, while a federal court’s injunction against California’s “Truth in Recycling” law has shifted recyclability enforcement toward private plaintiffs. At the same time, private litigation continued to test carbon-neutral, net-zero, and recyclability claims, with courts increasingly willing to allow such claims to proceed past early motions while scrutinizing plaintiffs’ standing and pleading of offset-based theories.

Click here to read the full update.

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