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Recent Legal Library Articles
ESG Poll Results Drive Strategies for Business
By Stuart Kaplow|2022-01-30T15:59:29-05:00Sunday, January 30th, 2022|Categories: Environmental Law|Tags: ESG, ESG law, Kaplow, Maryland environmental lawyer, Stuart Kaplow|
The use of ESG to evaluate companies is the cause celebre in early 2022 and while still in an early phase, primitively and ill defined, it is reaching nearly all corners of the economy at a fever pitch. The appeal of ESG is compelling. People ...
ESG may be Fashionable in New York
By Stuart Kaplow|2022-01-22T21:56:47-05:00Saturday, January 22nd, 2022|Categories: Environmental Law|Tags: ESG, ESG law, Fashion Sustainability and Social Accountability Act, Maryland environmental lawyer, New York Fashion Act, Stuart Kaplow|
Clothing is worn by almost everyone, almost all of the time. Across the globe, the $1.3 Trillion clothing industry employs more than 300 million people. Over the last 15 years, clothing production worldwide more than doubled and during that period people bought 60% more garments ...
FTC Regulates What You can Say about Your Solar Panels
By Stuart Kaplow|2022-01-27T11:38:35-05:00Monday, January 17th, 2022|Categories: Environmental Law|Tags: environmental lawyer, ESG, ESG law, Kaplow, REC, renewable energy certificate, solar panel, Stuart Kaplow|
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 ...
ESG is Not Just for Public Companies
By Stuart Kaplow|2022-01-22T15:27:15-05:00Monday, 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 ...
New SEC Guidance Portends More Stockholder ESG Activism
By Stuart Kaplow|2022-01-22T15:27:13-05:00Saturday, 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 The SEC rescinded three recent (Trump era) staff legal bulletins on shareholder proposals. ...
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 ...