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Sustainability Compliance: Greenwashing, Regulatory Risks, and the Importance of Legal Clarity

Written by Tamryn Mandy
on March 03, 2025

The landscape of sustainability regulations is shifting, with increasing regulatory scrutiny and evolving legal requirements. Businesses face growing complexity in managing sustainability obligations and demonstrating compliance, particularly in industries like mining, renewables, and manufacturing, where compliance with Environmental, Health, and Safety (EHS) regulations is critical. 

Greenwashing refers to the practice of making misleading or unsubstantiated claims about the environmental impact of their business or the EHS characteristics of a product, service, or company practices. As the demand for sustainable business practices rises, some organisations may attempt to appear more environmentally responsible than they actually are. This practice not only deceives stakeholders but also poses significant legal and regulatory risks. 

Regulators are therefore cracking down on greenwashing, with stricter requirements for transparency and verifiable claims. Organisations must ensure that their sustainability communications accurately reflect their environmental and compliance efforts. Failure to do so can result in legal action, fines, and reputational damage. 

As governments impose these stricter mandates on various EHS areas such as emissions, waste management, and worker safety, businesses need a robust compliance framework to navigate these evolving regulatory landscapes. This shift is reflected in the fact that over 80% of companies now have a Chief Sustainability Officer (CSO) in place as reported by Forbes 2024 State of Sustainability Report, helping to formalise and integrate sustainability compliance efforts into business strategy. Additionally, companies with a CSO are 27% more confident in the success of their sustainability initiatives compared to those without.  Some examples: 

  • Mining and Metals face stringent requirements for emissions control, land rehabilitation, and water usage. Demonstrating compliance with evolving environmental regulations is crucial to maintaining operational licenses and avoiding legal penalties. 
  • Renewable Energy Projects need reinforced compliance strategies to meet legal requirements for energy production, land use, and sustainability reporting. 
  • Manufacturing and High-Emission Sectors face increased government oversight in pollution control, workplace safety, and waste management. Non-compliance can lead to hefty fines, reputational damage, and operational disruptions. 

Relying solely on broad sustainability frameworks without a structured compliance approach leaves businesses vulnerable to regulatory risks, including accusations of greenwashing. 

The Benefits of EHS Legal Compliance Software  

Effectively managing compliance in today’s complex regulatory environment requires access to real-time legal updates, structured compliance frameworks, and audit-ready documentation. Businesses can benefit from solutions that: 

  • Provide Real-Time Regulatory Updates: With laws and regulations changing frequently, having access to up-to-date, location-specific legal requirements is essential to maintaining compliance. 
  • Enable Efficient EHS Compliance Management: Mapping legal requirements to specific operations helps reduce legal exposure and supports a proactive approach to regulatory changes. 
  • Facilitate Audit-Ready Documentation: Structured compliance tracking allows businesses to easily demonstrate adherence to EHS regulations and respond effectively to regulatory scrutiny. 

Demonstrating your compliance  

Investors, regulators, and stakeholders are demanding verifiable sustainability actions rather than high-level commitments. This requires integrating compliance directly into operations rather than treating it as a separate initiative. A proactive, systematic approach to legal management ensures that every aspect of business operations aligns with current regulatory expectations and avoids accusations of greenwashing. 

Businesses that can back their sustainability claims with concrete evidence of legal compliance are better positioned to build trust and credibility in the market. This is especially critical as according to Deloitte’s CxO Sustainability report, 84% of business leaders agree that global economic growth and sustainability can coexist, reinforcing the importance of compliance-driven sustainability strategies . This includes ensuring that sustainability reports, marketing materials, and investor communications are grounded in verifiable data. 

Strong EHS compliance practices benefit employees, local communities, investors, and the business as a whole. An efficient and reliable compliance platform can provide: 

  • Real-Time Legal Insights: Stay ahead in an increasingly complex regulatory environment. 
  • Structured Compliance Frameworks: Facilitate audit-ready documentation and tracking. 
  • Risk Mitigation: Minimize penalties, fines, and reputational damage. 
  • Investor Confidence: Demonstrate strong EHS performance to secure better investor trust. 
  • Competitive Advantage: Enhance brand reputation through a focus on sustainability. 
  • Agility in Regulatory Changes: Build sustainable operational strategies and navigate market fluctuations confidently. 
  • Greenwashing Prevention: Ensure that sustainability claims are backed by verifiable compliance, reducing the risk of legal action for misleading statements. 

Meeting evolving EHS regulations can be complex, but having access to clear, up-to-date legal information is essential for businesses striving to stay compliant. ERM Libryo provides the tools needed to navigate regulatory requirements efficiently, delivering real-time legal insights, structured compliance frameworks, and audit-ready documentation. 

Compliance is more than avoiding penalties—it strengthens investor confidence, enhances brand reputation, and supports sustainable business strategies. Organizations prioritizing EHS compliance and avoiding greenwashing will be better positioned to navigate regulatory changes, achieve long-term resilience, and build sustainable growth. 

Learn how ERM Libryo can help you navigate your EHS legal compliance with structure and purpose. 

  

References 

  1. https://www.travelperk.com/blog/business-sustainability-statistics/  
  2. https://www.deloitte.com/content/dam/assets-shared/legacy/docs/2023-deloitte-cxo-sustainability-report.pdf 
  3. https://www.forbes.com/sites/forbes-research/2024/04/22/sustainability-climbs-the-corporate-agenda-forbes-releases-the-2024-state-of-sustainability-report/