The judicial branch will supplant the executive and legislative branches, in driving greenhouse gas and the larger global warming policy… Continue Reading
The Climate Solutions Now Act of 2022 through these GHG emission regulations will undoubtedly shape the state's trajectory by decarbonizing the economy.… Continue Reading
There is a move toward all electric buildings as a way to reduce greenhouse gas emissions and combat climate change. The state of Maryland is leading the way in this movement, including several local jurisdictions adopting all electric building code laws. All electric building codes require that new construction and major renovations be powered by … Continue Reading
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
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
Maryland has enacted the most rigorous state law in the country reducing greenhouse gas (GHG) emissions and otherwise addressing ESG stewardship including climate change. Businesses can and should treat this as the greatest responsibility and opportunity of our time. Literally resetting the trajectory of Maryland’s economy, making sweeping changes to the Old Line State’s already … Continue Reading
Much has been written in the media about the just concluded UN Climate Conference (COP27) in Sharm el-Sheikh, most of it focusing on the agreement to agree on reparations or more correctly stated, on providing “loss and damage” funding in the future for vulnerable countries hit hard by climate disasters. But the biggest takeaway for … Continue Reading
The golden opportunity in ESG may be in concrete. Embodied carbon refers to the greenhouse gas emissions associated with materials’ manufacturing, transportation, installation, maintenance, and disposal. In a building, there is “upfront” embodied carbon in construction and then operational carbon largely from energy consumption. Embodied carbon is particularly important because it contributes more climate changing … Continue Reading
Scope 4 greenhouse gas emissions are not new. They date to 2013 when the Greenhouse Gas Protocol identified “avoided emissions” as emission reductions that occur outside of a product’s lifecycle or value chain, but as a result of the use of that product. It was actually a decade ago that the GHG Protocol released “a survey to … Continue Reading
After this blog was posted, on September 21, 2023 the Biden Administration approved the recommendation of the Interagency Working Group on the Social Cost of Greenhouse Gases, directing federal government agencies to consider the social cost of greenhouse gases in federal procurement. On November 11, 2022, shortly after this blog was posted EPA proposed a rule … Continue Reading
Whilst much of the popular media is all but obsessed with the March 21, 2022, U.S. Securities and Exchange Commission proposed ESG Rules to Enhance and Standardize Climate-Related Disclosures that will among other matters require companies for the first time to disclose greenhouse gas emission data, we continue to work with companies in complying with … Continue Reading
In a decision that will rein in agency power across the federal government, the U.S. Supreme Court ruled today that Congress did not clearly authorize the EPA to adopt broad rules to reduce greenhouse gas emissions from electric utility power plants. Specifically, the high court held, “Congress did not grant EPA in Section 111(d) of … Continue Reading
The Securities and Exchange Commission charged BNY Mellon Investment Adviser, Inc. with misstatements and omissions about ESG considerations for certain mutual funds that it managed. To settle the charges, on May 23, 2022, BNY Mellon Investment Adviser agreed to pay a $1.5 million penalty. The SEC’s order finds that, from July 2018 to September 2021, BNY … Continue Reading
With proposed federal regulation of greenhouse gas emissions by the Securities and Exchange Commission requiring GHG disclosure and new state statutes, including a new Maryland law that requires not only disclosure, but also a mandated reduction in GHG emissions, a greater appreciation of the subject of GHG appears in order. This short glossary is an … Continue Reading
With the federal government and state of Maryland each having announced within days of each other, the mandated disclosure of greenhouse gas (GHG) emissions, we have received, maybe not surprising, many calls in the last two weeks inquiring “what are GHGs?” and “what are Scope 3 GHG emissions (.. which are proposed to be a … Continue Reading
As we in the U.S. await action by the federal government on mandatory ESG laws, the United Kingdom has become the first European Union country to enact mandatory ESG disclosure laws. These new reporting requirements are of import beyond the shores of Great Britain in that they portend what government mandates are to come across … Continue Reading