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Top 10 ESG Blog Posts of 2021

By Stuart Kaplow on Posted in Environmental, ESG
As we look back in this ‘year in review’ at our most read blog posts in 2021, at a time when most of us have accepted that we will never go back to exactly the way things were, we are no doubt collectively ready for a new year. And we are incredibly excited about the … Continue Reading

New SEC Guidance Portends More Stockholder ESG Activism

By Stuart Kaplow on Posted in Codes and Regulations, ESG, Sustainability
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

Supreme Court to Hear Climate Change Regulation Case

By Stuart Kaplow on Posted in Climate Change, ESG, GHG, Paris Accord
If there was any question that the judiciary was a coequal and political branch of government, last Friday after President Biden was wheels up to attend the COP26 Glasgow climate conference, the Supreme Court agreed to review the Environmental Protections Agency’s authority to regulate greenhouse gas emissions. This litigation over the EPA’s scope of authority … Continue Reading

Brand Reputation is Number One Reason Businesses Engage in ESG

By Stuart Kaplow on Posted in Environmental, ESG, Sustainability
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

Phase l Environmental Site Assessment Standard Being Revised

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, ESG
EPA final action on ASTM International’s E1527-21 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment is currently in limbo. On March 14, 2022, after this blog post, EPA took direct final action to amend the Standards and Practices for All Appropriate Inquiries to reference ASTM International’s E1527-21. The rule was to have … 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

Revoking the Migratory Bird Treaty Act Incidental Take Rule, Once Again

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, Federal
Last week, the U.S. Fish and Wildlife Service announced a proposed rule to restore criminal penalties for accidental killing of migratory birds, revoking the January 7, 2021, final regulation that limited the enforcement of the 1918 Migratory Bird Treaty Act. “The Migratory Bird Treaty Act is a bedrock environmental law that is critical to protecting … Continue Reading

A Call for Comprehensive and Clearer ESG Disclosures

By Stuart Kaplow on Posted in Environmental, ESG, Green Washing, LEED, Sustainability
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

By Stuart Kaplow on Posted in Environmental, ESG, GRESB, Sustainability
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

Now We Know What is Killing the Birds

By Stuart Kaplow on Posted in Environmental
Stuart Kaplow
A cause is now known for bird deaths that eluded scientists for more than 25 years. It is beyond dispute that there are human activities that have a known negative impact on the natural environment, but sometimes events come together, only in part arising from human activities, to create unknown environmental consequences. During the winter … Continue Reading

Covid Pandemic Exposes More Children to Toxic Lead

By Stuart Kaplow on Posted in Codes and Regulations, Environmental
Covid-19 school closures and lockdowns resulted in thousands of children having increased blood lead levels. In a study of this consequence of Covid-19, released by the Centers for Disease Control and Prevention, to describe blood lead level testing among young children during the Covid-19 pandemic, the CDC analyzed data reported from 34 state and local … Continue Reading

SEC to Update Required Climate Related Disclosures

By Stuart Kaplow on Posted in Climate Change, ESG, Federal
On February 24, acting chair of the U.S. Securities and Exchange Commission Allison Herren Lee, offered insight into the future direction of mandatory climate change disclosures and new ESG regulation, when she directed the Division of Corporation Finance to enhance its focus on climate related disclosure in public company filings. The Commission provided guidance in … Continue Reading

Rare Earth Metal Theft by Catalytic Converter

By Stuart Kaplow on Posted in Environmental
The theft of catalytic converters to sell for the value of the rare earth metal components is a thing once again. A catalytic converter is a component part of the exhaust system of a fossil fuel motor vehicle that catalyzes, or accelerates the break down of vehicle emissions making them less harmful. The catalyst of … Continue Reading

PFAS in a Phase I Environmental Site Assessment?

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, Uncategorized
The question de riguer in commercial real estate transactions is if PFAS is included in a Phase I Environmental Site Assessment? As made clear by the January 14, 2021 EPA action, the response is “no” that the standard practice for environmental site assessments in the vast majority of places does not consider PFAS, however, .. … Continue Reading

179D Tax Deduction Made Permanent by Covid Relief Bill

By Stuart Kaplow on Posted in Federal, Green Building, Green Globes, LEED
On page 4,872 of the Consolidated Appropriations Act, 2021, H.R. 133, which passed both houses of Congress on December 21st and was signed into law by President Trump on December 27th, the 179D energy efficient commercial buildings federal tax deduction, which had been scheduled to expire at year end, was instead made permanent. At a … Continue Reading
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