Tag Archives: ESG Legal Solutions

EPA Proposes Designating PFAS as Hazardous

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 isomers, actually, a group of … Continue Reading

SEC Charges Mining Company with Misleading Investors in its ESG Disclosures

The U.S. Securities and Exchange Commission last month charged Vale S.A., a publicly traded Brazilian mining company and one of the world’s largest iron ore producers, with making false and misleading claims about the safety of the Brumadinho dam including through its environmental, social, and governance (ESG) disclosures. According to the SEC’s complaint, for years, … Continue Reading

SEC Extends Comment Period for Proposed Rules on ESG Related Disclosures

The Securities and Exchange Commission has extended the public comment period on the proposed rulemaking to enhance and standardize climate related disclosures until June 17, 2022. As a regulation that has been described as a single act that “will change the way business and the economy function,” the ramifications of a short “notice and comment” … Continue Reading

Ukraine is Now a Real ESG Issue

While there has been near universal condemnation of the war against Ukraine by Russia, and our empathy is unequivocally with the people of Ukraine, this invasion of a sovereign nation, something that echoes the darkest days in European history, today presents issues of ESG. This blog post is being written 9 days after Putin’s war … Continue Reading

Zero Waste in an Era of Net Zero Everything

Despite that the Zero Waste movement peaked in about 1998, in the modern context of Net Zero from Net Zero Energy to Net Zero Carbon, we are today with surprising frequency asked about a business being able to claim it is Zero Waste. In a widely accepted definition, Zero Waste is, The conservation of all … Continue Reading

The ESG Benefit of Paying Employees to Work at the Polls

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

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

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

Top 10 ESG Blog Posts of 2021

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

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

Water is the Most Important ESG Factor

I am excited to be presenting a fast paced and fun one hour virtual program, “ESG an Emergent and Fast Growing Area of the Law” for the Maryland State Bar Association, and Not just for lawyers, on December 14, 2021 at noon. Register today for the live virtual program. Potable water use reduction may be … Continue Reading

Updated Phase l Environmental Site Assessment is Published But ..

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

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

Department of Labor Proposes to Remove Barriers to Considering ESG in Plan Management

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. If … Continue Reading

A Sea Change in SEC Climate Change Disclosure

I am pleased to be speaking on “Environmental Social Governance (ESG) an Emergent and Fast Growing Area of the Law” at the Maryland State Bar Association 2021 Legal Excellence Week, Corporate Council Institute on November 16, 2021. You can register to attend in person or online. While there is much speculation about what the federal … 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
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