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Recent Stuart Kaplow 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 ...
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 ...
A Quick Refresher on the Science of Greenhouse Gas
By Stuart Kaplow|2022-08-25T06:50:18-04:00Saturday, May 21st, 2022|Categories: Environmental Law|Tags: Climate Solutions Now Act of 2022, GHG, greenhouse gas, Kaplow, SB 528, scope 3 GHG, SEC, Stuart Kaplow|
With the federal government and state of Maryland each having announced within days of each other, the mandated disclosure of greenhouse gas (GHG) emissions, we have received, maybe not surprising, many calls in the last two weeks inquiring “what are GHGs?” and “what are Scope ...
Maryland Resets the Trajectory with Greenhouse Gas Reduction Law
By Stuart Kaplow|2023-04-22T18:10:15-04:00Saturday, April 16th, 2022|Categories: Environmental Law|Tags: all-electric, Climate Solutions Now Act of 2022, ESG, ESG law, GHG, greenhouse gas, Kaplow, preemption, SB 528, Stuart Kaplow|
With legislation that became law last week, without the Governor’s signature, Maryland has enacted the most rigorous state law in the country reducing greenhouse gas (GHG) emissions and otherwise addressing ESG stewardship including climate change. Businesses can and should treat this as the greatest opportunity ...