The federal district court for the District of Massachusetts dismissed with prejudice federal claims brought by a former employee of a scientific journal publisher. The plaintiff alleged that the defendants’ business practices conflicted with their public climate-related pledges. The business activities that he contended were inconsistent included political contributions to politicians who “deny climate change,” provision of data services used by fossil fuel companies, and publication of journals on petroleum exploration and production. The plaintiff, who had purchased shares in one of the defendants “so that he had an avenue beyond his employment to push the company to improve its record on corporate social responsibility,” asserted a securities fraud claim. He also asserted a disability discrimination claim under the Americans with Disability Act (ADA) and an analogous state law, alleging discrimination based on his climate advocacy. The court dismissed the employee’s securities fraud claim because it found he did not adequately plead economic loss and loss causation. The court dismissed the plaintiff’s ADA and the analogous state law claim because the plaintiff failed to file a timely charge with the Massachusetts Commission Against Discrimination. Having dismissed the plaintiff’s federal claims, the court declined to exercise supplemental jurisdiction over the plaintiff’s state law claims for wrongful discharge and promissory estoppel and dismissed those claims without prejudice.

Former employee's lawsuit against publishing and data analytics company alleging that the company misled shareholders, consumers, the scientific community, and the public about the company's commitment to addressing climate change.

Lyall v. Elsevier Inc.

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Massachusetts Federal Court Dismissed Climate Washing-Related Claims Brought by Former Employee of Scientific Publisher

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

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A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Either money or something of monetary value is transferred between two or more organisations, people or countries.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Actions to reduce emissions in energy generation and supply.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Massachusetts Federal Court Dismissed Climate Washing-Related Claims Brought by Former Employee of Scientific Publisher

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance