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Recent Legal Library Articles

15Nov, 2021

ESG is Not Just for Public Companies

By |Monday, November 15th, 2021|Categories: Environmental Law|

The impact of ESG is not limited to public companies. There are just over 4,000 public companies traded on an exchanges in the U.S., but according to the Census Bureau there are more than 7 million privately held businesses (with employees) across the country. And ...

6Nov, 2021

New SEC Guidance Portends More Stockholder ESG Activism

By |Saturday, November 6th, 2021|Categories: Environmental Law|

Last week the Securities and Exchange Commission announced a subtle change in internal agency guidance that will have the consequence of more shareholder resolutions on ESG issues during the coming proxy season. The SEC rescinded three recent (Trump era) staff legal bulletins on shareholder proposals. ...

31Oct, 2021

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

By |Sunday, 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 ...

30Oct, 2021

Supreme Court to Hear Climate Change Regulation Case

By |Saturday, October 30th, 2021|Categories: Environmental Law|Tags: , , , , |

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 ...

27Sep, 2021

A Sea Change in SEC Climate Change Disclosure

By |Monday, 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 ...

18Sep, 2021

Brand Reputation is Number One Reason Businesses Engage in ESG

By |Saturday, 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 ...

12Sep, 2021

LEED can Mitigate Legal Risks in ESG Disclosures

By |Sunday, 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 ...

28Aug, 2021

A Corporate Diversity Benchmark in ESG

By |Saturday, 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 ...

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