Climate litigation is on the rise at international, national, and regional levels and as carbon regulations and transactions continue to expand, carbon-related investigations and disputes are proliferating. Covington’s recognized litigators handle novel disputes and investigations in complex matters involving state and federal policies, air quality and climate change regulation, permitting of low-carbon projects and technologies, carbon-related commercial disputes, and regulatory enforcement actions.
We represent clients in litigation matters of critical importance, including those affirming EPA’s authority to regulate climate pollution and upholding federal and state climate protections. Our team has handled some of the highest-profile disputes in the climate change space, including representing clients in the landmark climate Supreme Court ruling, West Virginia v. EPA.
In addition to traditional climate-focused environmental litigation, we increasingly advise companies making claims about their net-zero pledges that are likely to face scrutiny. We appreciate the growing demand for companies to improve the comprehensiveness, accuracy and transparency of their GHG emissions reports. To avoid accusations of greenwashing and defend against potential litigation, we work proactively with clients to disclose and reliably support and verify their carbon reduction, sustainability, and climate change claims.
Should litigation become necessary, we have extensive experience with developing creative litigation strategies in matters involving novel nuisance claims, indemnity disputes, and claims arising from sustainability and climate-related marketing claims and disclosures.
As the Biden Administration continues to advance environmental justice as a core pillar of its whole-of-government climate and environmental strategy, we assist clients in policy and litigation to advance climate equity and environmental justice. For example, our litigation lawyers have developed innovative complaints under Title VI of the Civil Rights Act that have advanced legal theories related to racially discriminatory practices towards low income neighborhoods and communities of color.
Our disputes and investigations lawyers advise clients facing a range of exposure in carbon and climate-related litigation. We advise clients on:
- Substantiating carbon-neutral, carbon offset, net-zero emissions, and other environmental marketing claims and disclosures to reduce legal risk and increase transparency;
- Preparing for congressional investigations and inquiries into green marketing claims, sustainability policies, and climate disclosure;
- Climate change litigation to reaffirm strong and clear GHG emissions standards and protect incentives to advance a lower-carbon sustainable economy;
- Defending carbon offset credits against potential invalidation due to heightened regulatory scrutiny;
- Defending low carbon infrastructure projects in litigation, where necessary;
- Novel nuisance claims seeking damages tied to climate change;
- Indemnity disputes related to carbon emissions;
- Commercial disputes arising from carbon transactions and projects; and
- Environmental justice lawsuits to address current and historical environmental injustice for low income, historically marginalized communities, including communities of color.
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