Archives: Sustainability

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FTC Regulates What You can Say about Your Solar Panels

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 Accelerates Greenwashing

A growing number of American businesses and consumers are looking to invest in and purchase ESG friendly companies and their products and services. Companies have responded with ESG disclosures touting the environmental and social benefits of what they’re selling. Sidestepping for a moment those companies that set out to intentionally deceive other about their ESG bonafides, … Continue Reading

New SEC Guidance Portends More Stockholder ESG Activism

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

Brand Reputation is Number One Reason Businesses Engage in 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. … Continue Reading

A Call for Comprehensive and Clearer ESG Disclosures

Last Wednesday, with a Dutch court finding Royal Dutch Shell partially responsible for climate change and ordering it to reduce emissions and two environmental activists being voted to Exxon Mobil board at the annual meeting, made clear how dramatically the landscape is shifting for all businesses in the environmental, social, and governance (ESG) space, as … Continue Reading

Labor Department Will Not Enforce Anti ESG Rule

The U.S. Department of Labor has announced that it will not enforce recently published final rules by the prior Administration on “Financial Factors in Selecting Plan Investments” and “Fiduciary Duties Regarding Proxy Voting and Shareholder Rights.” This policy statement is in furtherance of the Biden Administration issued Executive Order 13990, entitled “Protecting Public Health and … Continue Reading

ESG Disclosure Simplification Act Passes Committee But Will Fail

On September 20, 2019, the Financial Services Committee in the U.S. House of Representatives passed H.R. 4329, the ESG Disclosure Simplification Act of 2019. The bill would require all public companies to disclose “environmental, social, and governance [ESG] metrics” as material information about the company. Although there is little if any chance that the bill … Continue Reading

The Hottest Environmental Trend is Sustainable Business Practices

In a dramatic shift the fastest growing environmental issue in 2018 is sustainable business practices. At a time when many issues are politically charged, including environmental matters, a major shift in public opinion is happening. There are dramatic changes ongoing as a consequence of the last Presidential election that will result in less and different … Continue Reading

You Need a Green Building Consultant (Who Speaks for the Trees)

The Lorax Partnerships Team
We are often asked “what is the best way to assure success in a green building project?” Whether that query is from a Fortune 1000 businesses or an architect, the answer is the same, have the owner engage an experienced green building consultant as early as possible in the project. Which often leads to a … Continue Reading

Prospering thru Green Building in a Changing Environment

I spoke to a gathering of construction industry attorneys the other day about changing environment of Federal government regulation portending huge business opportunities for green building. These were my prepared remarks for that talk. While much of the mass media hyperbole is focused on the new Administration’s 2018 “skinny” budget request of $5.7 Billion for … Continue Reading
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