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In God We Trust Wins 9 – 0

By Stuart Kaplow on Posted in ESG, Federal
Title VII of the Civil Rights Act of 1964 makes it unlawful for employers “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges [of] employment, because of such individual’s .. religion.”… Continue Reading

FTC Seeks Public Input on Update to Green Guides for Environmental Claims

By Stuart Kaplow on Posted in Environmental, Federal, greenwashing
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

Government Proposes Federal Contractors and Their Suppliers Disclose GHG Emissions

By Stuart Kaplow on Posted in Federal, greenhouse gas
The Federal government is proposing the Federal Supplier Climate Risks and Resilience Rule, which will require major Federal contractors publicly disclose their greenhouse gas emissions and climate related financial risks and set emissions reduction targets. The implications of this reach far beyond only Federal contractors impacting nearly every sector of the US economy, as contractors calculate … Continue Reading

SEC Longstanding Disclosure Related to Climate Change Remains

By Stuart Kaplow on Posted in Climate Change, ESG, Federal
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

FTC Says Updated Green Guides are Coming

By Stuart Kaplow on Posted in ESG, Federal, Green Washing, greenwashing
With allegations of greenwashing all but de rigueur, businesses should be on the alert for the soon to be released Federal Trade Commission’s updated Green Guides. This year companies are being publicly challenged and having their reputations tarnished for greenwashing, in some instances for deceptive misrepresentations, others for unintentionally misleading, and more often than not, … Continue Reading

EPA Proposes Designating PFAS as Hazardous

By Stuart Kaplow on Posted in Environmental, ESG, Federal
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 isomers, actually, a group of … Continue Reading

Phase 1 Standard for All Appropriate Inquiries in Limbo

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, Federal
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

Supreme Court Rules Against EPA Reining in Power of Agencies

By Stuart Kaplow on Posted in Climate Change, Federal, GHG, greenhouse gas
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

Uyghur Forced Labor Prevention Act to be Enforced June 21

By Stuart Kaplow on Posted in Codes and Regulations, ESG, Federal, Solar Panel
Congress passed, and on December 23, 2021 President Biden signed into law, the Uyghur Forced Labor Prevention Act. The new law that will be enforced beginning June 21, 2022 has implications for imported cotton and tomatoes and most significantly for solar panels. The Act, codified at 22 U.S.C. §6901, establishes a rebuttable presumption that any … Continue Reading

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

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

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
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