Government Program Fraud, False Claims Act & Qui Tam Litigation Playbook

Last week, the federal government took another step toward considering the greenhouse gas emissions of suppliers when deciding major Federal agency procurements.  It proposed amendments to the Federal Acquisition Regulation (“FAR”) that would require consideration of the social cost of carbon, and commitments to reduce or mitigate greenhouse gas emissions, in connection with awarding federal contracts. 

State attorneys general are pursuing lawsuits and investigations of alleged inadequate disclosures of climate-related risks.

On May 20, 2021, President Biden signed Executive Order 14030 (EO 14030). Stating that the “intensifying impacts of climate change present physical risk to assets, publicly traded securities, private investments, and companies,” EO 14030 seeks to increase disclosure of climate-related financial risk by both the public and private sector.