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Tag Archives: ESG

FTC Regulates What You can Say about Your Solar Panels

By Stuart Kaplow on Posted in ESG, Solar Panel, Sustainability, wind turbine
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

By Stuart Kaplow on Posted in Energy, ESG, Solar Panel
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

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

ESG Accelerates Greenwashing

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

By Stuart Kaplow on Posted in Environmental, ESG
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 ..

By Stuart Kaplow on Posted in 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

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

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

By Stuart Kaplow on Posted in Climate Change, Codes and Regulations, 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. If … Continue Reading

A Sea Change in SEC Climate Change Disclosure

By Stuart Kaplow on Posted in Environmental, ESG
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

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

Bury Your Head in the Sand and ESG will Go Away

By Stuart Kaplow on Posted 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 will be publishing a new blog beginning later this month at www.ESGLegalSolutions.com. And if we can assist you or a … 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
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