Green Building Law Update

Environmental Law and Sustainability for Business

Archives: Solar Panel

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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

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

The ESG Benefit of Paying Employees to Work at the Polls

By Stuart Kaplow on Posted in ESG, Solar Panel, Sustainability
The “S” in ESG is among the most impactful sustainability factors despite being among the least measured. There are a myriad of Social factors in sustainability, but what they have in common is they are about “social relationships.” A company’s relationship with its employees is key, but so is its relationship with the community and … Continue Reading

FTC Regulates What You can Say about Your Solar Panels

By Stuart Kaplow on Posted in ESG, Solar Panel, Sustainability, wind turbine
A business that generates renewable energy, say, with solar panels, but sells the Renewable Energy Certificates (RECs) for that renewable energy may not then claim it “uses” renewable energy. The Federal Trade Commissions has prescribed that such would be deceptive. That guidance from the FTC is not new, but as both onsite and offsite renewable … Continue Reading

ESG Often Led by Renewable Energy

By Stuart Kaplow on Posted in Energy, ESG, Solar Panel
Businesses often ask about including green power in ESG efforts. We suggest rephrasing the query such that it is about using renewable energy to reduce the environmental harms associated with fossil fuel energy, reduce greenhouse gas emissions, increase the supply of renewable energy and foster a just transition to an ESG driven economy. Businesses do … Continue Reading

The Birds: Migratory Bird Treaty Act redux without Tippi Hedren

By Stuart Kaplow on Posted in Federal, LEED, Solar Panel, wind turbine
Three weeks ago the U.S. Fish and Wildlife Service proposed a regulation to finally resolve and codify the legal principal that an incidental bird take resulting from an otherwise lawful activity, for example a sparrows flies into a solar panel, is not prohibited under the Migratory Bird Treaty Act. The Fish and Wildlife Service is … Continue Reading

Migratory Bird Treaty Act Will Apply Only to Intentional Takes

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, Solar Panel, wind turbine
Last week, the U.S. Fish and Wildlife Service proposed a rule clarifying that the scope of the Migratory Bird Treaty Act only extends to conduct intentionally injuring birds. Conduct that results in the unintentional (incidental) injury or death of migratory birds is not prohibited under the act. As I described in a 2017 blog post, … Continue Reading

FERC Decision Puts State Renewable Portfolio Standards At Risk

By Stuart Kaplow on Posted in Codes and Regulations, Energy, Solar Panel
In the ongoing conflagration between “reliable power” and “clean energy” many may have missed when last month federal energy policy declared reliability the winner with renewable energy subsidies (e.g., state renewable portfolio standards) the loser. In a decision that critics have called “unprecedented” the Federal Energy Regulatory Commission on December 19, 2019 issued an Order … Continue Reading

What You Can Say about RECs is Regulated by the FTC

By Stuart Kaplow on Posted in Energy, Federal, Solar Panel
Businesses who generate renewable energy, say, by using solar panels, but sell the Renewable Energy Credits (RECs) for the renewable energy they generate shouldn’t claim they “use” renewable energy. The Federal Trade Commissions has advised that such a claim would be deceptive. The guidance from the FTC is not new, but as renewable energy becomes … Continue Reading

Renewable Energy Claim is Deceptive

By Stuart Kaplow on Posted in Energy, Solar Panel, wind turbine
This past week and there have been many other times this law firm was consulted about a marketing claim by a building owner with rooftop solar panels that advertises they “use” renewable energy, but the owner sells Renewable Energy Certificates (RECs) for the renewable energy it generates, so the Federal Trade Commission says it shouldn’t … Continue Reading
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