Corporate Liability for “Green Washing” and the Supreme Court’s Ruling in Goldman Sachs v. Arkansas Teacher Retirement System
As more companies promote their climate-friendly bona fides to environmentally conscious investors and consumers, the risk of “green washing,” or companies making unrealistic and misleading statements around sustainability, carbon reduction and other operational shifts, is inevitable. Regulators are increasingly focused on these disclosures, evaluating public declarations with a heightened level of scrutiny, and warning companies that their published statements must not misrepresent their efforts to investors.