Environmental Business Organization

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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

A New Front in the Climate Change Debate

The climate change debate has taken a new turn with the recent revelations from New York Attorney General Eric Schneiderman’s office. A legal perspective from Skadden attorneys Noelle Reed and Wallis Hampton....more

World Exchanges Encouraged to Report Indicators of Long-Term Sustainability

On November 4th, the World Federation of Exchanges (WFE) released a set of 34 sustainability measures that include environmental, social and governance indicators. WFE recommends that its member exchanges implement these...more

A New Trend? NY AG Settles First Climate Change Disclosure Case

New York Attorney General Eric T. Schneiderman may be leading the way again. In the past the office has lead ground breaking investigations using New York’s Martin Act that presaged significant SEC investigations and actions....more

Lacey Act Lessons from the Lumber Liquidators $13 Million Settlement: Has the Definition of “Due Care” Been Expanded?

On October 7, 2015, Lumber Liquidators agreed to plead guilty to five criminal charges, including one felony, stemming from the purchase and import of certain wood products through three separate Chinese suppliers. The plea...more

Quarterly Review of Seed, Series A and Series B/Later Round Financings: First Quarter 2015

The Numbers - Venture financing activity in New England decreased modestly in the first quarter of 2015 (-12%) with Seed and B/ Later round activity each decreasing by roughly 20% over Q4 2014. Despite this overall...more

UK courts get tough on environmental crime: sentencing of environmental offences committed by large companies

There is a widely held belief that environmental laws in the UK are toothless in practice because enforcement authorities are under resourced and typical levels of fines and penalties imposed are far too low. This view...more

Blog: SEC To Issue Final Dodd-Frank Resource Extraction Disclosure Rule By June 2016 (Maybe)

As noted in this Law 360 article and in this thecorporatecounsel.net blog , on Friday, the SEC filed a Notice of Proposed Rulemaking in the U.S. District Court for the District of Massachusetts in connection with Oxfam...more

Why Is John Prine Involved In A Suit By Shareholder Activists?

In one of the more consequential legal decisions of recent times, Magistrate Judge Kelly Rankin ruled recently that she would not strike part of a complaint filed by shareholder activists against Peabody Energy Corporation,...more

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