Greenpeace Australia Pacific Limited v Woodside Energy Group Ltd

On December 13, 2023, Greenpeace Australian Pacific Limited, represented by the Environmental Defenders Office (EDO), filed a complaint in the Federal Court of Australia against Woodside Energy Group Ltd. The plaintiff alleges that Woodside, which is Australia’s largest oil and gas company, mislead the public when stating that it “set targets to reduce its net equity Scope 1 and Scope 2 emissions by 15% by 2025 and 30% by 2030 below its gross annual average equity emissions in the period 2016-2020”, that “its Scope 1 and Scope 2 emissions in 2022 were 11% lower than the starting base”, and that “its Emissions Reduction Targets are science-based and consistent with Paris-aligned pathways and scenarios.” Greenpeace contends that this reduction in emissions was solely due to carbon offset purchases (retiring 754,000 tCO2e credits), despite actual emissions rising by approximately 3.4%. Greenpeace further contends that Woodside's displaying of a “Net zero by 2050” aspiration on its website excludes Scope 3 emissions, which account for over 90% of Woodside’s emissions. Greenpeace alleges that the exclusion of Scope 3 emissions deems the “science-based” statements claiming to be aligned with Paris Agreement goals as a misleading, greenwashing claim. Greenpeace asserts that Woodside’s statements are deceptive under s18(1) of the Australian Consumer Law, s12DA(1) of the Australian Securities and Investments Commission Act, and s1041H(1) of the Corporations Act. As a result, Greenpeace seeks declarations that the claims are misleading, injunctions to prevent future misconduct, orders for corrective advertising, and any other relief deemed appropriate by the court. As of February 2024, the Court scheduled the first directions hearing, but no further hearings or substantive rulings have been reported.