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Recent skaplow@stuartkaplow.com Articles

26Nov, 2022

Net Zero Pledge Standards for Business released at COP27

By |Saturday, November 26th, 2022|Categories: Environmental Law|Tags: , , , , , |

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 ...

20Nov, 2022

Low Embodied Carbon Concrete is Here

By |Sunday, November 20th, 2022|Categories: Environmental Law|Tags: , , , , , , , , , |

The golden opportunity in ESG may be in concrete. Embodied carbon refers to the greenhouse gas emissions associated with materials’ manufacturing, transportation, installation, maintenance, and disposal. In a building, there is “upfront” embodied carbon in construction and then operational carbon largely from energy consumption. Embodied ...

12Nov, 2022

Green Hushing versus Confidentiality

By |Saturday, November 12th, 2022|Categories: Environmental Law|Tags: , , , , , , , |

There is a new answer to the philosophical question, “If a tree falls in a forest and no one is around to hear, does it make a sound?” The answer has depended upon your definition of sound. If you define sound as our perceptions of ...

5Nov, 2022

Scope 4 GHG Emissions

By |Saturday, November 5th, 2022|Categories: Environmental Law|Tags: , , , , , |

Scope 4 greenhouse gas emissions are not new. They date to 2013 when the Greenhouse Gas Protocol identified “avoided emissions” as emission reductions that occur outside of a product’s lifecycle or value chain, but as a result of the use of that product. It was actually ...

30Oct, 2022

The “Social Cost of Carbon” is Back

By |Sunday, October 30th, 2022|Categories: Environmental Law|Tags: , , , , , , |

After this article was posted, on September 21, 2023 the Biden Administration approved the recommendation of the Interagency Working Group on the Social Cost of Greenhouse Gases, directing federal government agencies to consider the social cost of greenhouse gases in federal procurement. On November 11, ...

22Oct, 2022

Net Zero Risks as a Source of Opportunity

By |Saturday, October 22nd, 2022|Categories: Environmental Law|Tags: , , , , , , |

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 ...

15Oct, 2022

The ESG Benefit of Giving Employees Paid Time Off to Work at the Polls

By |Saturday, October 15th, 2022|Categories: Environmental Law|Tags: , , , , , |

With the U.S. midterm elections just weeks away, increasing numbers of employees are being encouraged to serve civil society helping repair the world. There are a myriad of possible elements in the “S” (Social) component of ESG, but what they have in common is they ...

9Oct, 2022

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

By |Sunday, October 9th, 2022|Categories: Environmental Law|Tags: , , , , , |

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 ...

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