Environmental Business Organization

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The District of Columbia and Washington State Pass Back-to-Back Bans on Flame Retardants

The District of Columbia and the state of Washington recently enacted laws banning the use of listed flame retardants in certain products, ranging from children’s products and residential upholstered furniture in Washington...more

OSTP Blog Item Notes Recent Reports Highlighting Continued Federal Commitment To NanoEHS

The Office of Science and Technology Policy (OSTP) posted on April 11, 2016, a blog item, authored by Lloyd Whitman, OSTP, and Dr. Treye Thomas, Consumer Product Safety Commission (CPSC), entitled “Supporting Responsible...more

Navigant’s Consulting’s Report on Residential Solar Misconstrues Value of Tax Attributes

Navigant Consulting on February 19 submitted a report, Solar Project Return Analysis for Third Party Owned Solar Systems, to the Arizona Public Service (APS). The thesis of the report is that residential solar developers are...more

2015 Energy Year in Review

Akin Gump is pleased to announce it has released its “2015 Energy Year in Review,” which examines the current state of the global energy market and highlights the energy matters with which the firm was involved last year in...more

Bills Introduced to Strengthen Corporate Climate Disclosure – But is it enough?

The Security Exchange Commission (SEC) issued guidance to companies in 2010 on providing climate disclosures. Since then, the quality of such disclosures has not improved and enforcement has been insufficient. Despite...more

BETO Allocates $1.9 Million Small Business Vouchers Pilot, Opens Round Two

On March 10, 2016, DOE's BETO announced that $1.9 million has been allocated for biofuel, bioproduct, and biopower projects under its Small Business Vouchers (SBV) Pilot initiative. The grant money is the first of up to $20...more

Budget Announcements: CRC Energy Efficiency Scheme to be Abolished and Climate Change Levy To Be Raised

It has been announced in today’s Budget that the CRC Energy Efficiency Scheme (CRC) will be abolished from 2019 and the Climate Change Levy (CCL) will be raised to compensate. The announcement comes following a...more

EPA Small Business Innovation Research Program Provides Eight $300,000 Contracts

On February 29, 2016, the U.S. Environmental Protection Agency (EPA) announced eight small business contracts through the Small Business Innovation Research (SBIR) Program. The eight Phase II contracts provide the companies...more

In Case You Missed It - Interesting Items for Corporate Counsel - March 2016

For those gearing up for the 2015 conflict minerals report, due June 1, 2016, note that nothing on the legal front has changed. The D.C. Circuit Court’s ruling that requiring a company to state whether its products are “DRC...more

“Citizen Suits” Under China’s Revised Environmental Protection Law: A Watershed Moment In Chinese Environmental Litigation?

A little over a year ago, on January 1, 2015, China’s amended Environmental Protection Law (“EPL”) went into effect, representing a significant aspect of China’s concerted effort to place greater emphasis on environmental...more

Apple Leads the Way as Green Bonds Set to Grow in 2016

Green bonds are fixed-income debt instruments earmarked for environmental or climate change initiatives. As companies undertake more “green” initiatives, including investing in renewable energy generation, the green bond...more

Oregon legislators pass historic renewable energy bill, with 50% RPS and coal-fired electricity phaseout

Oregon legislators passed Senate Bill (SB) 1547 into law yesterday, creating aggressive timetables for eliminating coal-fired electricity from the State and setting a 50% Renewable Portfolio Standard (RPS) by 2040. A diverse...more

Task Force to Develop Climate-Related Financial Disclosure Standards

Government regulators, financial industry standards agencies, nongovernment organizations and activist investor groups are advocating enhanced disclosure of the potential effects of business activity on the environment, or...more

CCLD Explains Indemnification For Assumed Contractual Liabilities

This is an important decision because it explains the specificity with which provisions indemnifying a party for liabilities under a separate contract must be stated. In this case, Glencore, which had sold an aluminum plant...more

SBIC Report: SBA Announces Proposed Rule Creating the Impact SBIC

The U.S. Small Business Administration (SBA) proposed a new rule that would define a new class of Small Business Investment Companies (SBIC). These SBICs are called “Impact SBICs” and are designed to generate positive...more

Energy Sector Alert Series: Climate Change Disclosures in 2016

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Attorneys from across the firm will discuss issues ranging from environmental disclosures and risk...more

New Jersey’s Appellate Division Declines to Pierce Corporate Veil and Impose Personal Liability on Company Principal for Cleanup...

Action Item: On January 14, 2016, the Appellate Division of the New Jersey Superior Court in New Jersey Dep’t of Envtl. Prot. v. Navillus Group, No. A-4726-13T3, 2016 N.J. Super. Unpub. LEXIS 77 (N.J. Super. Ct. App. Div....more

What Does COP-21 Mean for Business?

6 Answers From Around the Globe - The historic COP-21 Paris Agreement on climate change is the first major development in the climate area at the international level since adoption of the Kyoto Protocol in...more

Biobased Companies Included In LUX Research List Of Top Innovative Companies

On December 21, 2015, LUX Research released a list of Top 10 Innovative Companies from 2015, chosen from 1,189 companies. Biobased and Renewable Products Advocacy Group (BRAG®) Member Elevance Renewable Sciences received an...more

ERISA Fiduciaries May Factor Climate Change Issues Into Economic Analysis of Investments

New guidance from the US Department of Labor (“DOL”) clarifies the role of environmental, social and governance issues (referred to as “ESG factors”) in investment decisions by ERISA fiduciaries. ERISA Interpretive Bulletin...more

Corporate Climate Change Reporting: Recent Developments

As world leaders coalesced in Paris to agree an historic treaty to commit nearly 200 countries to a global greenhouse gas reduction target, a similar, renewed focus has been brought recently across borders to enhance...more

What to Do When You Are Served With a Search Warrant

Most business executives and officers lack the training and preparation to deal effectively with a search warrant. State and federal law enforcement agencies continue to increase their investigation and prosecution of...more

Shining a Light on Payments to Governments: SEC Proposes New "Publish What You Pay" Rule

On December 11, 2015, the US Securities and Exchange Commission (“SEC”) issued a proposed rule to implement Section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”). Section 1504...more

SHE Matters: Swingeing Fines for Large organisations: Can they be avoided? - The Court of Appeal Decision in the Thames Water Case

In early June, the Court of Appeal handed down judgment in an appeal against sentence brought by Thames Water Utilities Ltd. The company had been fined £250,000 after pleading guilty to a breach of the Environmental...more

Climate change and shareholder disclosure: More investigations on the horizon?

Climate change science is back in the headlines and social media. New York is attempting to use its powers under the Martin Act to investigate prior corporate disclosures on climate change. In early November, New York...more

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