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Archives: ESG

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Low Embodied Carbon Concrete is Here

By Stuart Kaplow on Posted in Climate Change, ESG, GHG, State
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

The “Social Cost of Carbon” is Back

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

Selling the Sun: Sale of a House with Solar Panels is Fraught with Peril

By Stuart Kaplow on Posted in Environmental, ESG, Green Building, Solar Panel
  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

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

California Appeals Board Gender Diversity Loss

By Stuart Kaplow on Posted in ESG, State
Last month, the California Secretary of State appealed the decision by a California Superior Court striking down as unconstitutional California’s board diversity law, which required all publicly traded companies headquartered in the State to include a minimum number of female directors. In 2018, Women on Boards (Senate Bill 826) was signed into law to advance … 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 … Continue Reading

UN Human Rights Assessment of Uyghurs by China Drives ESG

By Stuart Kaplow on Posted in ESG
We have blogged repeatedly that “the elimination of all forms of forced and compulsory labor” is a key element, if not singularly the most important principle of a business’s practices. That point was driven home with the release last Wednesday, by The United Nations Human Rights Office assessment of human rights concerns in China’s Xinjiang … Continue Reading

Reducing Your Greenhouse Gas Emissions

By Stuart Kaplow on Posted in ESG, GHG, greenhouse gas
As governments enact mandatory greenhouse gas emission laws and as businesses voluntarily make “net zero” pledges, we are increasingly working with organizations, first to understand and calculate their GHG emissions, then to implement strategies for efficacious yet frictionless reductions. An example of what businesses are reacting to is Maryland’s new statutory mandate that buildings, commercial, … Continue Reading

Maryland’s New Corporate Diversity Law Violates the Equal Protection Clause

By Stuart Kaplow on Posted in Codes and Regulations, ESG, State
Corporate diversity is too serious a matter to be left to the politicians.  Maryland has published, for public comment, regulations implementing the corporate diversity law enacted by the legislature in 2021. But the proposed regulations are unconstitutional on their face, violating the Equal Protection Clause of the U.S. Constitution and Article 24 of the Maryland … 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
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