Congress voted to approve H.J. Res. 30 seeking to nullify the Department of Labor “ESG Rule” concerning fiduciary duties with respect to employee benefit plans.… Continue Reading
Non profits can now receive a direct payment from the Federal government for 30% of their total solar energy system installation costs… Continue Reading
Maryland is on the cusp of being the first state in the country to authorize use of the new 2021 edition of the International Green Construction Code … Continue Reading
As we look back in this ‘year in review’ at our most read blog posts in 2022, at a time when many have emerged from 2 years of permacrisis to the highs of a future where ESG opportunities are accelerating. This blog is a microcosm of the issues we assist clients with daily in our … Continue Reading
On December 15, 2022, EPA took final action to amend the All Appropriate Inquiries Rule to reference ASTM International’s E1527-21 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” and allow for its use to satisfy the requirements for conducting all appropriate inquiries under the Comprehensive Environmental Response, Compensation and Liability Act, … Continue Reading
The Federal Trade Commission announced last Wednesday that it is seeking public comment on updates and changes to the Green Guides for the Use of Environmental Claims. In an era when charges of greenwashing and green hushing are proliferating across social media while at the same time governments are mandating ESG including environmental disclosures by businesses, … Continue Reading
There is a new answer to the philosophical question, “If a tree falls in a forest and no one is around to hear, does it make a sound?” The answer has depended upon your definition of sound. If you define sound as our perceptions of vibrations that travel through air (vibrations from a falling tree), … Continue Reading
Calculating net zero is ill defined, unregulated and complex. Businesses making a net zero pledge like, “we will be net zero by 2030” risk a charge that they are greenwashing and misleading consumers. It is one thing when government leaders make an ESG claim: In 2009 the King of Bhutan proclaimed his Himalayan country was … Continue Reading
There are more than 3 Million houses in the U.S. with solar panels installed on the roof. The Inflation Protection Act of 2022 extended the 30% federal tax credit for residential solar panels through 2034 which is predicted to more than triple that number of solar installations. And as those houses are each year … Continue Reading
The U.S. Environmental Protection Agency is proposing to designate two of the most widely used per and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the “Superfund” law. The proposal applies to perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural … Continue Reading
The Maryland Department of the Environment has adopted regulations for the first time requiring the person conducting an environmental assessment, even when they are not the owner of the property (e.g., possibly a prospective contract purchaser of land or a consultant engaged in a lending transaction) to report suspected oil to MDE immediately, but not … Continue Reading
It is hugely significant that the Phase l Environmental Site Assessment standard is in limbo because that assessment is conducted in the vast majority of the 5.6 million commercial real estate transactions each year in the United States (i.e., including for a real estate purchaser to avoid liability under the Superfund law). The U.S. Environmental … Continue Reading
The use of ESG to evaluate companies is the cause celebre in early 2022 and while still in an early phase, primitively and ill defined, it is reaching nearly all corners of the economy at a fever pitch. The appeal of ESG is compelling. People want to save the planet while they make a profit. … Continue Reading
ESG will be the environmental issue of the year, if not also among the biggest business issues of the year. ESG is everywhere. And yes, this is with appreciation that environmental is only the E in ESG. This is more than a Magic 8 Ball prediction, although we do regularly consult one of the 1960s … Continue Reading
As we look back in this ‘year in review’ at our most read blog posts in 2021, at a time when most of us have accepted that we will never go back to exactly the way things were, we are no doubt collectively ready for a new year. And we are incredibly excited about the … Continue Reading
I am excited to be presenting a fast paced and fun one hour virtual program, “ESG an Emergent and Fast Growing Area of the Law” for the Maryland State Bar Association, and Not just for lawyers, on December 14, 2021 at noon. Register today for the live virtual program. Potable water use reduction may be … Continue Reading
I am excited to be presenting a fast paced and fun one hour virtual program, “ESG an Emergent and Fast Growing Area of the Law” for the Maryland State Bar Association, and Not just for lawyers, on December 14, 2021 at noon. Register today for the live virtual program. We are currently undertaking a survey … Continue Reading
EPA final action on ASTM International’s E1527-21 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment is currently in limbo. On March 14, 2022, after this blog post, EPA took direct final action to amend the Standards and Practices for All Appropriate Inquiries to reference ASTM International’s E1527-21. The rule was to have … Continue Reading
I am excited to be presenting a fast paced and fun one hour virtual program, “Environmental Social Governance (ESG) an Emergent and Fast Growing Area of the Law” for the Maryland State Bar Association, and Not just for lawyers, on December 14, 2021 at noon. Register today for the live virtual program. The impact of … Continue Reading
I am pleased to be speaking on “Environmental Social Governance (ESG) an Emergent and Fast Growing Area of the Law” at the Maryland State Bar Association 2021 Legal Excellence Week, Corporate Council Institute on November 16, 2021. You can register to attend in person or online. While there is much speculation about what the federal … Continue Reading