Green Building Law Update

Environmental Law and Sustainability for Business

Tag Archives: ESG

Net Zero Pledge Standards for Business Released at COP27

Much has been written in the media about the just concluded UN Climate Conference (COP27) in Sharm el-Sheikh, most of it focusing on the agreement to agree on reparations or more correctly stated, on providing “loss and damage” funding in the future for vulnerable countries hit hard by climate disasters. But the biggest takeaway for … Continue Reading

The “Social Cost of Carbon” is Back

By Stuart Kaplow on October 30, 2022 Posted in Climate Change, Codes and Regulations, ESG, GHG, greenhouse gas

On November 11, 2022, shortly after this blog was posted EPA proposed a rule to regulate emissions of methane. While the proposed rule is itself worthy of discussion, readers of this blog may be particularly interested in a key technical feature of the announcement, that EPA has introduced a new approach to estimating the social cost … Continue Reading

Net Zero Risks as a Source of Opportunity

By Stuart Kaplow on October 23, 2022 Posted in Energy, Environmental, ESG

Calculating net zero is ill defined, unregulated and complex. Businesses making a net zero pledge like, “we will be net zero by 2030” risk a charge that they are greenwashing and misleading consumers. It is one thing when government leaders make an ESG claim: In 2009 the King of Bhutan proclaimed his Himalayan country was … Continue Reading

Selling the Sun: Sale of a House with Solar Panels is Fraught with Peril

By Stuart Kaplow on October 9, 2022 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

SEC Longstanding Disclosure Related to Climate Change Remains

By Stuart Kaplow on October 2, 2022 Posted in Climate Change, ESG, Federal

Whilst much of the popular media is all but obsessed with the March 21, 2022, U.S. Securities and Exchange Commission proposed ESG Rules to Enhance and Standardize Climate-Related Disclosures that will among other matters require companies for the first time to disclose greenhouse gas emission data, we continue to work with companies in complying with … Continue Reading

California Appeals Board Gender Diversity Loss

By Stuart Kaplow on September 25, 2022 Posted in ESG, State

Last month, the California Secretary of State appealed the decision by a California Superior Court striking down as unconstitutional California’s board diversity law, which required all publicly traded companies headquartered in the State to include a minimum number of female directors. In 2018, Women on Boards (Senate Bill 826) was signed into law to advance … Continue Reading

EPA Proposes Designating PFAS as Hazardous

By Stuart Kaplow on September 11, 2022 Posted in Environmental, ESG, Federal

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

Webinar: Are You Ready to Measure and Report Your Building GHG Emissions?

By Stuart Kaplow on August 14, 2022 Posted in ESG, GHG, greenhouse gas

You are invited to join Stuart Kaplow and Nancy Hudes for a live webinar we are presenting this Tuesday, August 16 from 9 to 10 am EST that will provide you with all the information you need to reply to the question “Are You Ready to Measure and Report Your Building GHG Emissions?” Our webinar … Continue Reading

Reducing Your Greenhouse Gas Emissions

By Stuart Kaplow on August 7, 2022 Posted in ESG, GHG, greenhouse gas

As governments enact mandatory greenhouse gas emission laws and as businesses voluntarily make “net zero” pledges, we are increasingly working with organizations, first to understand and calculate their GHG emissions, then to implement strategies for efficacious yet frictionless reductions. An example of what businesses are reacting to is Maryland’s new statutory mandate that buildings, commercial, … Continue Reading

New Greenwashing Case is Troubling to Future of ESG

By Stuart Kaplow on July 24, 2022 Posted in greenwashing

On July 6, FossielVrij NL filed a greenwashing lawsuit in the Amsterdam District Court against Dutch airline KLM. The overseas litigation is troubling because at its core the theory of the case is apocalyptic environmentalism, the belief that unless humans drastically reduce consumption population growth and affluence will overwhelm our planet. In this instance that … Continue Reading

SEC Alleges BNY Mellon made ESG Misstatements and Omissions

By Stuart Kaplow on June 26, 2022 Posted in Climate Change, ESG, Federal

The Securities and Exchange Commission charged BNY Mellon Investment Adviser, Inc. with misstatements and omissions about ESG considerations for certain mutual funds that it managed. To settle the charges, on May 23, 2022, BNY Mellon Investment Adviser agreed to pay a $1.5 million penalty. The SEC’s order finds that, from July 2018 to September 2021, BNY … Continue Reading

SEC Proposes Two Rules as Cairns to Prevent Misleading ESG Claims

By Stuart Kaplow on June 19, 2022 Posted in Codes and Regulations, ESG, Federal, GHG

On October 7, 2022, the U.S. Securities and Exchange Commission reopened the public comment periods, for 14 days from the day the notice is published in the Federal Register, for 11 of its rulemaking releases, some of them viewed as controversial including the rules discussed in this blog post, due to a technical glitch that … Continue Reading

Uyghur Forced Labor Prevention Act to be Enforced June 21

By Stuart Kaplow on June 12, 2022 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

SEC Charges Mining Company with Misleading Investors in its ESG Disclosures

By Stuart Kaplow on May 29, 2022 Posted in Codes and Regulations, ESG

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

By Stuart Kaplow on May 22, 2022 Posted in ESG, GHG, Sustainability

On October 7, 2022, the U.S. Securities and Exchange Commission reopened the public comment periods, for 14 days from the day the notice is published in the Federal Register, for 11 of its rulemaking releases, some of them viewed as controversial including the rule discussed in this blog post, due to a technical glitch that … Continue Reading

A Quick Science Refresher on Greenhouse Gas

By Stuart Kaplow on May 1, 2022 Posted in Climate Change, Federal, GHG, State

With the federal government and state of Maryland each having announced within days of each other, the mandated disclosure of greenhouse gas (GHG) emissions, we have received, maybe not surprising, many calls in the last two weeks inquiring “what are GHGs?” and “what are Scope 3 GHG emissions (.. which are proposed to be a … Continue Reading

You Should Comment on the SEC’s Transformative Proposed ESG Rule

By Stuart Kaplow on April 24, 2022 Posted in Codes and Regulations, Federal, GHG

Note, after this was posted, the SEC extended the public comment period on the proposed rulemaking to enhance and standardize climate related disclosures from the originally scheduled close date of May 20, 2022 until June 17, 2022. We posted some weeks ago when the U.S. Securities and Exchange Commission issued a long awaited proposed new … Continue Reading

Maryland Resets the Trajectory with Greenhouse Gas Reduction Law

By Stuart Kaplow on April 17, 2022 Posted in ESG, GHG, State

With legislation that became law last week, without the Governor’s signature, Maryland has enacted the most rigorous state law in the country reducing greenhouse gas (GHG) emissions and otherwise addressing ESG stewardship including climate change. Businesses can and should treat this as the greatest opportunity and responsibility of our time. Literally resetting the trajectory of … Continue Reading

California Racial, Ethnic and LGBT Quotas for Company Boards Ruled Unconstitutional

By Stuart Kaplow on April 10, 2022 Posted in Codes and Regulations, ESG

Last Friday a California court ruled unconstitutional the state’s racial, ethnic, and LGBT quotas for corporate boards of directors. This now voided law had been an ideological lodestone for the “G” (governance) in ESG. Superior Court judge, the Honorable Terry Green, granted the plaintiff’s motion for summary judgment without a trial in Robin Crest, et … Continue Reading

Rooney Rule Revised Provides ESG Opportunity

By Stuart Kaplow on April 3, 2022 Posted in ESG, Sustainability

Last Monday the NFL announced at the owners meeting that it had approved adjustments to the Rooney Rule, first adopted in 2003, “to enhance opportunities for people of color and women for nearly all league and team jobs.” As companies, most that are far afield from the NFL, look to have a positive impact on … Continue Reading

SEC Climate Risk Rule is Transformative At a Cost

By Stuart Kaplow on March 27, 2022 Posted in ESG, GHG, greenhouse gas

Last Monday, the U.S. Securities and Exchange Commission voted 3 to 1 to issue a long awaited proposed new rule to mandate climate risk disclosures by public companies and other businesses in their supply chains. The 510 page proposed rule will require public companies to include climate related disclosures in their registration statements and periodic … Continue Reading

Modern Slavery a Key ESG Factor

By Stuart Kaplow on March 20, 2022 Posted in ESG, Solar Panel, Sustainability

Slavery exists today. The British government recently reported there are more enslaved people today than there have been at any time in history! And if you doubt that modern slavery is here and now, 20 days ago, on March 1st, U.S. Customs and Border Protection officers seized four shipments of palm oil at the port … Continue Reading

SEC Chair Tweets about Upcoming ESG Regulation

By Stuart Kaplow on March 13, 2022 Posted in Codes and Regulations, ESG, Federal, Sustainability

ESG law is emergent and fast evolving such that today, the best sources are blogs and Twitter, not bound statutes and printed law reviews. Last week U.S. Securities and Exchange Commission Chair Gary Gensler Tweeted about the future of ESG regulation. You do not need to be a futurist to know that SEC regulation of … Continue Reading