PCWP and others v. Glencore

Summary:

A legal complaint was lodged on behalf of The Plains Clan of the Wonnarua People (PCWP) and Lock the Gate Alliance, with the Australian Competition and Consumer Commission (ACCC) and Australian Securities and Investments Commission (ASIC) regarding Glencore’s misleading claims about climate impact and its behaviour towards Traditional Owners.

Glencore operates 17 coal mines in Australia, making it Australia’s largest coal producer and biggest contributor to emissions from coal mining.

Glencore publicly claims to have decarbonisation plans in place, however a legal investigation by the Environmental Defenders Office (EDO) found no evidence to support these claims.

Glencore is in fact expanding its coal production, and its net zero claims may amount to harmful greenwashing under the Corporations Act 2001 or Australian consumer law.

Lawyers from the London-based organisation ClientEarth have backed the action, writing to the UK’s Financial Conduct Authority over the role of Glencore plc and urging them to coordinate with ASIC in a robust response. EDO lawyers have also lodged a legal complaint with Ad Standards on behalf of Comms Declare: Climate Crisis.

At Issue: Whether Glencore, in its representations about decarbonisation plans and engagement with Traditional Owners, is engaging in misleading or deceptive conduct under the Corporations Act and/or Australian Consumer Law. Further, whether advertising material containing those representations breaches the Australian Advertising Codes.