The Supreme Court’s oral argument in Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County exposed a question that has received comparatively little attention in the broader debate over climate litigation: How should courts understand the role of corporate deception in these cases?
“Climate deception” describes several different forms of litigation. Some lawsuits assert public nuisance, trespass, failure to warn, negligence, or related tort theories seeking compensation for the physical, economic, and governmental costs of climate change. Others challenge allegedly false or misleading environmental representations under state consumer-protection statutes. There are also hybrid cases combining consumer-protection and tort claims.
As originally pleaded, Suncor began as a hybrid case. Boulder combined common-law claims with a statutory claim under the Colorado…
PROCUREMENT & EXPENDITURE (STOPPING KICKBACKS)
Procurement fraud usually involves inflated invoices or “fictitious” vendors.
- The Three-Way Match: Never pay an invoice unless you have matched the Purchase Order (PO), the Delivery Note (signed), and the Supplier Invoice.
- Vendor Master File Review: Review your vendor list annually. Look for suppliers with the same bank details or physical addresses as your employees.
- Dual Authorization: Implement a “Two-to-Sign” rule for all EFT payments above a certain threshold (e.g., R5,000).
- No “Cashing” of Checks: If you still use physical checks, strictly prohibit “Cash” as a payee and store blank checks in a dual-lock safe.