Litigation Partner Alexander Simkin Discusses Future of Greenwashing Litigation Under Proposed EPA Rule Change

In an article in Law.com, litigation partner Alexander Simkin discussed how the Environmental Protection Agency’s (EPA) new proposal to end its federal greenhouse gas reporting requirement could impact greenwashing litigation.

With a potential shift away from a centralized, government-sanctioned framework, Alex noted that companies may turn to voluntary emissions disclosures to substantiate environmental claims. However, he cautioned that “those [voluntary] disclosures may be more susceptible to challenges as plaintiffs can argue a particular company’s methodology is misleading.”

Alex observed that the absence of a federal reporting mandate could bring changes for plaintiffs as well, saying “plaintiffs’ firms might need to prove greenhouse gas emissions using their own scientific experts—a much more costly proposition.” He also said that without federal data, it may be more difficult for plaintiffs to identify potential targets for litigation, “if you don’t have that data, you don’t necessarily know where to start looking.”