Public companies in the U.S. find themselves at a dynamic time of emergent environmental, social and governance (“ESG”) disclosures. New appointees in the Biden Administration, from the SEC and the Labor Department to the top White House economic advisor, all signal mandatory ESG disclosures. The idea of ESG began in 2004 with a United Nations … Continue Reading
The City of Portland is proposing a carbon tax that would be the first of its kind anywhere in the country. Given the increased emphasis on climate change by the incoming Biden Administration the proposed ordinance should be on your required reading list. Carbon dioxide and other greenhouse gas emissions are changing the climate. Energy … Continue Reading
If green building is going to repair the planet it will have to include green roads. Over 65% of the impervious surfaces in the U.S. are related to transportation (e.g., roads, parking lots, sidewalks, and driveways), with the vast majority being roads. There are 4,180,817 miles of roads in the U.S. Roads are the largest … Continue Reading
Public companies in the U.S. find themselves at a dynamic time of emergent environmental, social and governance (“ESG”) disclosures. Vocal socially conscious investors, activist stockholder environmental proxy proposals, and the like are driving companies to make ESG statements. This blog post highlights the legal risk associated with ESG disclosures and proffers that with green building … Continue Reading
In a criminal case that says significantly more about the prosecution than the indictment on its face, the Federal government is prosecuting a leading cannabis industry manufacturer and distributor for criminal transportation of hazardous waste. The Resource Conservation and Recovery Act (“RCRA”) was enacted in 1976 to ensure that all hazardous waste generated in the … Continue Reading
In response to an act of the Maryland legislature in 2018, the state is proposing a watershed revamp of its current mandatory green building requirements for new public school buildings. The public is being invited to comment on the proposal. Existing State Finance and Procurement Section 4-809(f) was amended adding new section (6), providing in … Continue Reading
Section 436(h) of the Energy Independence and Security Act of 2007 requires the General Services Administration’s Office of Federal High-Performance Buildings to complete a review of high performance building certification systems every 5 years. After the review, GSA recommends to the Secretary of Energy the building certification systems most likely to encourage a comprehensive approach … Continue Reading
Last week the Maryland Court of Special Appeals, the state’s intermediate appellate court, overturned an earlier circuit court decision, reinstating a Montgomery County ordinance significantly restricting pesticide use throughout the County. In October 2015, the Montgomery County Council enacted Bill No. 52-14 becoming the first major jurisdiction in the country to enact such a ban. … Continue Reading
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
In the wake of the 48th anniversary of Earth Day yesterday, among the hottest environmental issues of the day appears to be criminalizing the plastic drinking straw. The import of the “war on drinking straws” must be true because this week there is a viral video viewed on YouTube more than 5.5 million times of … Continue Reading
It is significant when the Harvard Business Review alters its methodology in ranking the best performing CEOs in the world to now take into account a company’s environmental performance. Increasingly CEOs are coming to appreciate it is okay to make a profit while saving the planet. Harvard Business Review’s self described mission is “to improve … Continue Reading
EPA has issued significant revisions to the existing 1988 underground storage tank regulation that will impact most, if not all, businesses with USTs. EPA regulates over 571,000 USTs, down from a high of 2.1 million USTs in 1984. As of January 1, 2015, more than 525,000 UST releases (e.g., leaks) had been reported since 1988, … Continue Reading