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Archives: Codes and Regulations

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You Should Comment on the SEC’s Transformative Proposed ESG Rule

By Stuart Kaplow on Posted in Codes and Regulations, Federal, GHG
Note, after this was posted, the SEC extended the public comment period on the proposed rulemaking to enhance and standardize climate related disclosures from the originally scheduled close date of May 20, 2022 until June 17, 2022. We posted some weeks ago when the U.S. Securities and Exchange Commission issued a long awaited proposed new … Continue Reading

California Racial, Ethnic and LGBT Quotas for Company Boards Ruled Unconstitutional

By Stuart Kaplow on Posted in Codes and Regulations, ESG
Last Friday a California court ruled unconstitutional the state’s racial, ethnic, and LGBT quotas for corporate boards of directors. This now voided law had been an ideological lodestone for the “G” (governance) in ESG. Superior Court judge, the Honorable Terry Green, granted the plaintiff’s motion for summary judgment without a trial in Robin Crest, et … Continue Reading

The UK Sets the Scene for Mandatory ESG Laws in the Western World

By Stuart Kaplow on Posted in Climate Change, Codes and Regulations, ESG
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

New SEC Guidance Portends More Stockholder ESG Activism

By Stuart Kaplow on Posted in Codes and Regulations, ESG, Sustainability
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 Environmental & Energy Section on December 14, 2021 at noon. Registration will be open to all; not just lawyers. Registration for … Continue Reading

Department of Labor Proposes to Remove Barriers to Considering ESG in Plan Management

By Stuart Kaplow on Posted in Climate Change, Codes and Regulations, ESG
ESG has become such a large component of my law practice that I am now collaborating with a fabulous group attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm. Nancy Hudes and I are now publishing a new blog at www.ESGLegalSolutions.com (.. yes, this blog will continue). This post originally appeared in that blog. If … Continue Reading

Supreme Court to Hear Climate Change Regulation Case

By Stuart Kaplow on Posted in Climate Change, Codes and Regulations, ESG, Paris Accord
ESG has become such a large component of my law practice that I am now collaborating with a fabulous group attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm. Nancy Hudes and I are now publishing a new blog at www.ESGLegalSolutions.com (.. yes, this blog will continue). This post originally appeared in that blog. … Continue Reading

Phase l Environmental Site Assessment Standard Being Revised

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, ESG
The Phase l Environmental Site Assessment Standard E1527-13 will sunset in late 2021, eight years from its approval on November 6, 2013. This is hugely significant because a Phase l Environmental Site Assessment is conducted in the vast majority of the 5.6 million commercial and industrial real estate transactions in the United States each year, … Continue Reading

DuPont Resolves PFAS Claims with Delaware

By Stuart Kaplow on Posted in Environmental, Federal
The State of Delaware and E. I. du Pont de Nemours and Company, The Chemours Company, DuPont de Nemours, Inc. and Corteva, Inc. (all “DuPont” related companies), businesses having operated in the State for more than 200 years, announced a sweeping settlement agreement last week. Under the settlement agreement, the DuPont agreed to pay $50 … Continue Reading

Fireworks Cause Air Pollution But

By Stuart Kaplow on Posted in Codes and Regulations, Environmental
In a literally explosive example of the right balance between environmental protection and people’s desire to celebrate is no environmental regulation, despite that fireworks degrade air quality with particulate matter, in the United States society has decided that the pyrotechnic festivities must go, especially after many were cancelled in the pandemic last year. Fireworks have … Continue Reading

EPA and Army Announce Intent to Revise “Water of the United States” Rule

By Stuart Kaplow on Posted in Environmental, Federal
Last week the Environmental Protect Agency and Department of the Army announced the agencies’ intent to initiate new rulemaking that restores the Obama era waters of the United States rule that was in place pre-2015, and before the current Trump era rule. This proposed rule will impact large swaths of America not only those directing … Continue Reading

Revoking the Migratory Bird Treaty Act Incidental Take Rule, Once Again

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, Federal
Last week, the U.S. Fish and Wildlife Service announced a proposed rule to restore criminal penalties for accidental killing of migratory birds, revoking the January 7, 2021, final regulation that limited the enforcement of the 1918 Migratory Bird Treaty Act. “The Migratory Bird Treaty Act is a bedrock environmental law that is critical to protecting … Continue Reading

Maryland to Commit to World Economic Forum’s One Trillion Trees Initiative Tree Planting

By Stuart Kaplow on Posted in Climate Change, Codes and Regulations, Environmental
The Maryland legislature has enacted and the Governor is expected to sign legislation that will take effect on June 1, 2021 establishing aggressive state tree planting goals and a host of other initiatives rooted in trees, all in an effort to respond to climate change. While other significant climate change legislation failed to pass in … Continue Reading

Two Creeks, a Marsh and Two Lakes Sue a Florida Real Estate Developer

By Stuart Kaplow on Posted in Codes and Regulations, Environmental
Two creeks, a marsh and two lakes are plaintiffs in a first of its kind complaint filed last month against a real estate developer and the Florida Department of Environmental Protection. Wilde Cypress Branch, Boggy Branch, Crosby Island Marsh, Lake Hart and Lake Mary Jane, tributaries of the Kissimmee River are seeking declaratory and injunctive … Continue Reading

Covid Pandemic Exposes More Children to Toxic Lead

By Stuart Kaplow on Posted in Codes and Regulations, Environmental
Covid-19 school closures and lockdowns resulted in thousands of children having increased blood lead levels. In a study of this consequence of Covid-19, released by the Centers for Disease Control and Prevention, to describe blood lead level testing among young children during the Covid-19 pandemic, the CDC analyzed data reported from 34 state and local … Continue Reading

SEC to Update Required Climate Related Disclosures

By Stuart Kaplow on Posted in Climate Change, ESG, Federal
On February 24, acting chair of the U.S. Securities and Exchange Commission Allison Herren Lee, offered insight into the future direction of mandatory climate change disclosures and new ESG regulation, when she directed the Division of Corporation Finance to enhance its focus on climate related disclosure in public company filings. The Commission provided guidance in … Continue Reading

EPA 2020 Enforcement Offers Insight

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, Federal
The Environmental Protection Agency’s has released the results of its 2020 enforcement and compliance efforts and those results offer significant insight that business can benefit from. In the first 5 months of fiscal year 2020, EPA was on track to significantly exceed traditional numeric metrics in many categories with more compliance monitoring activities in the … Continue Reading
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