Archives: ESG

US Appeals Court Upholds Nasdaq Board Diversity Rule, However

By Stuart Kaplow on November 5, 2023 Posted in ESG, Federal

With large numbers of businesses having initiatives to advance gender and racially diverse talent, keeping track of the law on this subject is a necessity… Continue Reading

US Imposes Duties on Southeast Asia Solar Panel Makers Evading China Tariffs

By Stuart Kaplow on September 3, 2023 Posted in Codes and Regulations, Energy, ESG, Federal, Legal, Solar Panel

To appreciate the scope of the issue, those countries account for nearly 80% of all U.S. solar panel supplies.… Continue Reading

Guidance on Avoiding Greenwashing while Providing Input Down Under

By Stuart Kaplow on August 13, 2023 Posted in Environmental, ESG, Green Washing, greenwashing

While American businesses continue to wait for the update to the 2012 FTC Green Guides this draft Guidance from Down Under is the best checklist, we are aware of, for mitigating the risk of greenwashing claims.… Continue Reading

Two China Based Companies Banned as a Result of Forced Labor

By Stuart Kaplow on August 6, 2023 Posted in ESG, Federal, Solar Panel

The moral equivalence of U.S. companies and individuals installing solar panels created with government-sponsored modern slavery to remedy the ills of climate change, has in the last year shifted sharply in favor of Americans doing the right thing for those in forced labor from Xinjiang. … Continue Reading

Offsets and RECs: A Powerful Duo for Reducing Greenhouse Gas Emissions and Repairing the Planet

By Stuart Kaplow on July 30, 2023 Posted in Climate Change, ESG, GHG, greenhouse gas

Offsets and RECs are two powerful and complementary approaches to combating climate change and repairing the planet.… Continue Reading

Wind Rights are now Blowin’ In The Wind

By Stuart Kaplow on July 16, 2023 Posted in Climate Change, Energy, Environmental, ESG, GHG, wind turbine

The first time any Texas court has held under Texas law that wind rights are severable from the land. … Continue Reading

The Power of Methane: Why Tackling Emissions Is Key to Curbing Climate Change

By Stuart Kaplow on July 9, 2023 Posted in Climate Change, Environmental, ESG, GHG

One pound of methane traps 25 times more heat in the atmosphere than a pound of carbon dioxide… Continue Reading

In God We Trust Wins 9 – 0

By Stuart Kaplow on July 2, 2023 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

The Positive Side of Green Hushing: Averting Backlash and Enhancing Corporate Sustainability

By Stuart Kaplow on June 25, 2023 Posted in Environmental, ESG, greenwashing

Companies seeking to avert backlash through green hushing can ultimately contribute broadly to corporate sustainability if not repairing the planet.… Continue Reading

The Evolution of Environmental Offsets: From Indulgences to Greenhouse Gas Emission Reductions

By Stuart Kaplow on June 11, 2023 Posted in Environmental, ESG, GHG, greenhouse gas

Environmental offsets have come a long way since the issuance of indulgences by the medieval church. … Continue Reading

Court Finds California Racial, Ethnic and LGBT Quotas for Boards Unconstitutional

By Stuart Kaplow on June 4, 2023 Posted in Codes and Regulations, ESG

ESG will flourish as companies address inequality, including unequal access, systemic racism, gender discrimination, and lack of inclusion in their efforts to repair the world … Continue Reading

H&M Wins Dismissal of Greenwashing Lawsuit

By Stuart Kaplow on May 28, 2023 Posted in Codes and Regulations, ESG, Green Washing, greenwashing

How courts will likely analyze the growing numbers of greenwashing claims, providing guardrails for companies and mitigating their risk.… Continue Reading

Commercial PACE: Filing the Financing Gap for GHG Reductions in Commercial Building

By Stuart Kaplow on May 20, 2023 Posted in Environmental, ESG, GHG, Green Building

PACE is a game changing solution that empowers commercial building owners to invest in sustainability… Continue Reading

Rising Demand for Man Made Diamonds is ESG Personified

By Stuart Kaplow on May 7, 2023 Posted in ESG, Sustainability

With the rising demand for ethical and sustainable diamonds, man made diamonds are replacing legacy mined from the earth carbon stones.… Continue Reading

More Than 1,000 Shipments of Solar Panels Seized at the Border

By Stuart Kaplow on April 30, 2023 Posted in Environmental, ESG, Federal, Solar Panel, Uncategorized

Businesses Creating a Slave Free World… Continue Reading

Court Saves Gas Stoves from the Government

By Stuart Kaplow on April 23, 2023 Posted in Codes and Regulations, Energy, Environmental, ESG, GHG

This is a significant setback for state and local governments across the country seeking to ban natural gas, directly, indirectly, or otherwise.… Continue Reading

Do You Own Your GHG Emission Data?

By Stuart Kaplow on April 16, 2023 Posted in Climate Change, ESG, GHG, greenhouse gas

Nothing should stop an organization from mitigating the risk associated with its own data safe while monetizing that valuable asset.… Continue Reading

Executional Greenwashing is a Thing

By Stuart Kaplow on April 2, 2023 Posted in Environmental, ESG, Green Washing, greenwashing

Executional greenwashing is a neologism characterizing the way in which a business promotes or executes an environmental initiative, rather than the actual environmental impact of the initiative.… Continue Reading

Maryland is Leading the Transition to All Electric Buildings

By Stuart Kaplow on March 26, 2023 Posted in Climate Change, Energy, Environmental, ESG, greenhouse gas

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

Endangered Northern Long Eared Bat is a Victim of Biodiversity Degradation

By Stuart Kaplow on March 19, 2023 Posted in Environmental, ESG, Federal, Sustainability

Biodiversity degradation is an existential crisis playing out right now in front of our eyes.… Continue Reading

The Environmental Catastrophe that is PFAS will see Movement in 2023

By Stuart Kaplow on March 12, 2023 Posted in Environmental, ESG

In 2023 we will see important steps toward addressing the challenges posed by PFAS contamination.… Continue Reading

Biden Veto of Repudiation of ESG Worker Savings Rule a Positive for ESG

By Stuart Kaplow on March 5, 2023 Posted in Climate Change, Environmental, ESG, Federal

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

We Need to do Better to Reduce Food Waste

By Stuart Kaplow on February 26, 2023 Posted in Environmental, ESG, greenhouse gas

Upscale compost has become a status symbol with small coffee size bags selling for as much as $25 a bag… Continue Reading

Non Profits can Receive a Direct Payment for 30% of Their Solar Energy System Costs

By Stuart Kaplow on February 19, 2023 Posted in Energy, Environmental, ESG, Federal, Solar Panel

Non profits can now receive a direct payment from the Federal government for 30% of their total solar energy system installation costs… Continue Reading

Green Building Law Update

Environmental Law and Sustainability for Business