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Recent skaplow@stuartkaplow.com Articles
Maryland’s New Corporate Diversity Law Violates the Equal Protection Clause
By Stuart Kaplow|2022-08-20T18:08:51-04:00Sunday, July 10th, 2022|Categories: Environmental Law|Tags: corporate diversity, ESG, Kaplow, Maryland HB 1210, Stuart Kaplow|
Corporate diversity is too serious a matter to be left to the politicians. Maryland has published, for public comment, regulations implementing the corporate diversity law enacted by the legislature in 2021. But the proposed regulations are unconstitutional on their face, violating the Equal Protection Clause ...
Supreme Court Rules Against EPA Reining in Power of Agencies
By Stuart Kaplow|2022-08-25T06:48:10-04:00Thursday, June 30th, 2022|Categories: Environmental Law|Tags: Kaplow, Stuart Kaplow, Supreme Court, West Virginia v EPA|
In a decision that will rein in agency power across the federal government, the U.S. Supreme Court ruled today that Congress did not clearly authorize the EPA to adopt broad rules to reduce greenhouse gas emissions from electric utility power plants. Specifically, the high court ...
SEC Alleges BNY Mellon made ESG Misstatements and Omissions
By Stuart Kaplow|2022-08-25T06:49:08-04:00Saturday, June 25th, 2022|Categories: Environmental Law|Tags: BNY Mellon, environmental social governance, ESG, ESG law, Kaplow, SEC, Stuart Kaplow|
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 ...
SEC Proposes Two Rules as Cairns to Prevent Misleading ESG Claims
By Stuart Kaplow|2022-10-09T21:13:52-04:00Sunday, June 19th, 2022|Categories: Environmental Law|Tags: environmental social governance, ESG, ESG law, Kaplow, SEC, Stuart Kaplow|
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 ...
Uyghur Forced Labor Prevention Act to be Enforced June 21
By Stuart Kaplow|2022-06-12T18:37:20-04:00Sunday, June 12th, 2022|Categories: Environmental Law|Tags: Customs and Border Protection, ESG, ESG law, esg legal solutions, Kaplow, solar panel, Uyghur Forced Labor Prevention Act, Xinjiang|
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 ...
Glossary of Greenhouse Gas Terms
By Stuart Kaplow|2022-08-20T18:13:54-04:00Saturday, June 11th, 2022|Categories: Environmental Law|Tags: ESG, ESG law, GHG, greenhouse gas, Kaplow, SB 528, scope 3 GHG, Stuart Kaplow|
With proposed federal regulation of greenhouse gas emissions by the Securities and Exchange Commission requiring GHG disclosure and new state statutes, including a new Maryland law that requires not only disclosure, but also a mandated reduction in GHG emissions, a greater appreciation of the subject ...
SEC Charges Mining Company with Misleading Investors in its ESG Disclosures
By Stuart Kaplow|2022-05-29T20:05:51-04:00Sunday, May 29th, 2022|Categories: Environmental Law|Tags: ESG, esg legal solutions, Kaplow, Stuart Kaplow, sustainability law|
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 ...
SEC Extends Comment Period for Proposed Rules on ESG Related Disclosures
By Stuart Kaplow|2022-10-09T21:15:06-04:00Sunday, May 22nd, 2022|Categories: Environmental Law|Tags: ESG, ESG law, esg legal solutions, GHG, Kaplow, scope 3 GHG, SEC|
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 ...