Greenwashing doctrine is being tested across jurisdictions

Simpson Thacher’s April update notes the Australian ACCR appeal following dismissal of a greenwashing case against Santos, where the court had considered statements about clean energy, future hydrogen production and net-zero targets in investor context. The lesson for legal teams is that courts may scrutinize wording, assumptions, context and evidence rather than treating all climate ambition as inherently misleading. The best legal defence for climate claims is disciplined language, contemporaneous substantiation and clear assumptions.