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Reposted from Linklaters - Americas Insights

New greenwashing suit aims at WA public utility

A new proposed class action lawsuit has been filed by the Sauk-Suiattle Indian tribe in a state court in Washington alleging that the city of Seattle has misleadingly characterized its public utility as "the nation's greenest utility" despite adverse impacts from its hydroelectric dams on salmon populations in the area. Besides naming several alleged instances of misleading public claims, the plaintiffs take issue with the Low Impact Hydropower Institute (LIHI) certification of low environmental impact awarded to the dam system, and bring claims under Washington state law pursuant to the Unfair Business Practices/Consumer Protection Act; and for declaratory and injunctive relief. 

A 2019 survey from the U.S. Center for Biological Diversity focused specifically on alleged greenwashing by major electric utilities seeking to burnish their image as providers of "clean energy." 

This suit represents the latest in a rising tide of "greenwashing" lawsuits targeting the energy sector - often brought under state consumer protection statutes in state court; watch our recent webinar on this important trend here

The tribe told the Washington state court that the utility wrongfully touts the century-old dam project as environmentally responsible even though the dam system blocks both fish and nutrients from traveling up and down the river, "slowly starving the river downstream and its associated salmon habitat of life and vitality," according to the complaint. Read more at: https://www.law360.com/articles/1423234/tribe-accuses-seattle-of-greenwashing-hydro-dams-impact?copied=1

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Tags

climate change, esg, greenwashing