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Recent skaplow@stuartkaplow.com Articles
Department of Labor Proposes to Remove Barriers to Considering ESG in Plan Management
By Stuart Kaplow|2022-01-22T15:27:11-05:00Sunday, October 31st, 2021|Categories: Environmental Law|
The U.S. Department of Labor is soliciting public comments on the proposed rule announced last month that would remove barriers to retirement plan fiduciaries’ ability to consider climate change and other environmental, social and governance (ESG) factors when they select investments and exercise shareholder rights. The ...
Supreme Court to Hear Climate Change Regulation Case
By Stuart Kaplow|2022-06-30T11:25:44-04:00Saturday, October 30th, 2021|Categories: Environmental Law|Tags: GHG, North Dakota v EPA, Supreme Court, West Virginia v EPA, Westmoreland Mining Holdings v EPA|
If there was any question that the judiciary was a coequal and political branch of government, last Friday after President Biden was wheels up to attend the COP26 Glasgow climate conference, the Supreme Court agreed to review the Environmental Protections Agency’s authority to regulate greenhouse ...
A Sea Change in SEC Climate Change Disclosure
By Stuart Kaplow|2022-01-22T15:27:08-05:00Monday, September 27th, 2021|Categories: Environmental Law|
While there is much speculation about what the federal government will mandate the coming days about ESG disclosures, little attention has been paid to existing Securities and Exchange Commission required climate change disclosures and the sea change that has taken place in those disclosures. We ...
Brand Reputation is Number One Reason Businesses Engage in ESG
By Stuart Kaplow|2022-01-22T15:27:06-05:00Saturday, September 18th, 2021|Categories: Environmental Law|
Brand name and reputation is the number one reason businesses engage in ESG efforts. With 78% of respondents in a survey published last Wednesday responding that brand name and reputation topped the list of matters affected by ESG, that 78% response was single highest number ...
LEED can Mitigate Legal Risks in ESG Disclosures
By Stuart Kaplow|2022-01-22T15:27:04-05:00Sunday, September 12th, 2021|Categories: Environmental Law|
Public companies in the U.S. find themselves at a dynamic time in the emergent environmental social governance (“ESG”) space. Socially conscious investors, employees, vendors, suppliers, consumers, not to mention stockholder environmental proxy proposals, and the like are driving companies to make ESG statements. This is ...
A Corporate Diversity Benchmark in ESG
By Stuart Kaplow|2022-04-05T16:01:40-04:00Saturday, August 28th, 2021|Categories: Environmental Law|
We are regularly asked if there is a checklist for ESG compliance and while there is not, with promised federal regulations not yet promulgated, there is good guidance available. A limited number of companies are Maryland based, but the State’s newly enacted corporate diversity statute ...
The S in ESG may be the Most Impactful
By Stuart Kaplow|2022-01-22T15:27:01-05:00Saturday, August 21st, 2021|Categories: Environmental Law|
The “Social” components of ESG are among least measured factors in corporate sustainability despite being among the most impactful. Social starts with a company’s value system and a principled approach to doing business. Often cited as a checklist for Social factors are the first six ...
IPCC Fanning the Flames of ESG
By Stuart Kaplow|2022-01-22T15:26:59-05:00Wednesday, August 18th, 2021|Categories: Environmental Law|
The release last week of the United Nations Intergovernmental Panel on Climate Change’s sixth climate assessment report ignited the already combustible and quickly spreading wildfire that is ESG. Few have actually read the much quoted Summary for Policymakers and of course even fewer have read ...












