The Securities and Exchange Commission (the “SEC”) has adopted new rules that require public companies to disclose substantial information about the material impacts of climate-related risks on their business, financial...more
3/11/2024
/ Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
MD&A Statements ,
Popular ,
Publicly-Traded Companies ,
Regulation S-K ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
The risk of an accusation of “greenwashing” is now an important concern for many companies. Greenwashing is an ill-defined concept but, nevertheless, is increasingly a source of litigation and regulatory scrutiny – with more...more
7/7/2023
/ Carbon Capture and Sequestration ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
Greenhouse Gas Emissions ,
Greenwashing ,
Net Zero ,
Offsets ,
Reputation Management ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Sustainability ,
UK
Executive Summary -
The Securities and Exchange Commission (the “SEC”) has issued proposed Rule 192 pursuant to Section 27B of the Securities Act of 1933. Section 27B requires the SEC to issue rules for the purpose of...more
This article discusses the amendments adopted by the Securities and Exchange Commission (SEC) in 2020 that modernize the offering related provisions of the Securities Act of 1933, as amended (Securities Act), and the...more
6/29/2022
/ BDC ,
Business Development Companies ,
Close-Ended Funds ,
Economic Growth Regulatory Relief and Consumer Protection Act ,
Investment ,
Investment Funds ,
Offerings ,
Regulatory Agenda ,
Rulemaking Process ,
Securities Act ,
Securities and Exchange Commission (SEC) ,
Shelf Registration ,
Small Business Credit Availability Act (SBCAA) ,
WKSIs
At an open meeting on May 25, 2022, the US Securities and Exchange Commission (“SEC” or “Commission”) approved two new proposals that will impact the fund and investment management industry. One of the proposals is directed...more
5/27/2022
/ Business Development Companies ,
Comment Period ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Exempt Reporting Advisers (ERAs) ,
Financial Services Industry ,
Investment Adviser ,
Investment Company Act of 1940 ,
Investment Funds ,
Investment Management ,
Proposed Rules ,
Registered Investment Advisors ,
Regulatory Agenda ,
Regulatory Standards ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
On April 28, 2022, the U.S. Securities and Exchange Commission (SEC) charged Vale S.A. (Vale), a publicly traded Brazilian mining company and one of the world’s largest iron ore producers, with making false and misleading...more
5/4/2022
/ Corporate Governance ,
Disclosure Requirements ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
False Statements ,
Intent to Defraud ,
Investment Fraud ,
Mining ,
Misleading Statements ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC)
The New Jersey Board of Public Utilities (NJBPU) announced that its third solicitation with a capacity target of 1,200 megawatts for New Jersey’s offshore wind (OSW) development will now be released by January 2023, instead...more
4/13/2022
/ Clean Energy ,
Electric Generation Suppliers ,
Electricity ,
Energy Policy ,
Energy Projects ,
Infrastructure ,
Offshore Wind ,
Public Utility ,
Renewable Energy ,
Transmission Grid ,
Wind Power
In its recently released 76-page report, required under President Biden’s Executive Order 14017, “America’s Supply Chains,” the US Department of Energy (DOE) finds that “[t]he opportunity for US global leadership on clean...more
In an April 5, 2022 letter, 25 trade associations jointly criticized recent US Securities and Exchange Commission (SEC) rulemakings and requested that the SEC provide longer, more appropriate comment periods (and more...more
In its 2022 Examination Priorities, issued on March 30, 2022, the Division of Examinations (“Division”) of the United States Securities and Exchange Commission (“SEC” or “Commission”) uses the term “greenwashing” for the...more
Background -
On March 21, 2022, the U.S. Securities and Exchange Commission (SEC) voted 3:1, with only Commissioner Hester Peirce dissenting, to propose long-awaited rules that, if adopted, would require extensive reporting...more
3/23/2022
/ Annual Reports ,
Climate Change ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Proposed Regulation ,
Publicly-Traded Companies ,
Regulation S-K ,
Regulation S-X ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
From February 23–25, 2022, the Bureau of Ocean Energy Management (BOEM) held a competitive auction for six lease areas in the New York Bight area off the coast of New York (NY) and New Jersey (NJ). After the first day of the...more
The new year has only just begun, and it is already shaping up to be another exciting one for the energy transition. In the US and elsewhere, governments, traditional and non-traditional energy corporations, and investors are...more
3/11/2022
/ Biden Administration ,
BOEM ,
Economic Development ,
Electric Generation Suppliers ,
Energy Policy ,
Energy Projects ,
Environmental Impact Statements ,
Environmental Policies ,
Infrastructure ,
Offshore Wind ,
Renewable Energy ,
Wind Power
On November 12, 2021, in furtherance of the Biden administration’s goal of deploying 30 gigawatts (GW) of offshore wind energy by 2030, the US Department of the Interior announced its designation of the Morro Bay Wind Energy...more
On October 28, 2021, in furtherance of the Biden-Harris administration’s goal of deploying 30 gigawatts (GW) of offshore wind energy by 2030, the US Department of the Interior announced three major offshore wind development...more
3/8/2022
/ Biden Administration ,
BOEM ,
Economic Development ,
Electric Generation Suppliers ,
Energy Policy ,
Energy Projects ,
Environmental Impact Statements ,
Environmental Policies ,
Infrastructure ,
Offshore Wind ,
Renewable Energy ,
Wind Power
On February 9, 2022, the US Securities and Exchange Commission (the “SEC”) voted to propose a suite of new rules and amendments (the “Proposal”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”). If...more
2/28/2022
/ Investment Adviser ,
Investment Advisers Act of 1940 ,
Investor Protection ,
Investors ,
Private Funds ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Transactions
On February 1, 2022, Louisiana Governor John Bel Edwards’ Climate Initiatives Task Force submitted its 177-page Climate Action Plan, which proposes a goal of 5 gigawatts (GW) of offshore wind (OSW) power generation by 2035...more
On January 12, 2022, the Bureau of Ocean Energy Management (BOEM) announced that it will hold a competitive auction for six lease areas (totaling roughly 488,000 acres) in the New York Bight area, which is off the coast of...more
On January 5, 2022, as part of the 2022 State of the State, New York Governor Kathy Hochul announced new investments and a plan to advance offshore wind energy development off the coast of New York. Governor Hochul announced...more
On January 5, 2022, as part of the 2022 State of the State, New York Governor Kathy Hochul announced new investments and a plan to advance offshore wind energy development off the coast of New York. Governor Hochul announced...more
1/7/2022
/ Auction ,
Clean Energy ,
Energy Policy ,
Energy Projects ,
Infrastructure ,
New York ,
Offshore Wind ,
Power Infrastructure ,
Renewable Energy ,
Transmission Grid ,
Wind Power
On Friday, December 17, 2021, Massachusetts and Maryland selected a total of four offshore wind projects in their latest solicitation rounds to bring an additional 3.2 GW of new offshore wind capacity to the states....more
The Public Utility Commission of Texas (PUCT) has issued draft regulations to implement new electric weather-related requirements set forth in Texas Senate Bill 3 (SB 3), which was enacted in response to what the PUCT...more
8/31/2021
/ Comment Period ,
Electric Generation Suppliers ,
Electricity ,
Energy Policy ,
Energy Reform ,
Power Infrastructure ,
Public Hearing ,
Public Utilities Commission ,
Regulatory Agenda ,
Regulatory Requirements ,
Rulemaking Process ,
Severe Weather ,
Transmission Grid
When I think about transformations in the energy industry, I often think of the great inventor Thomas Edison, who was not only responsible for hundreds of important inventions but who also set the stage for a breakthrough...more
7/16/2021
/ Biden Administration ,
Carbon Capture and Sequestration ,
Charging Stations ,
Clean Energy ,
Climate Change ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Electric Vehicles ,
Green Deal ,
Hydrogen Power ,
Imports ,
Offshore Wind ,
Renewable Energy ,
Silica ,
Supply Chain ,
Tax Credits ,
Withhold Release Orders (WROs)
On June 21, 2021, US financial regulators met with US President Joe Biden to discuss the US economy and update him on their efforts to address climate-related risks. According to the White House readout of the meeting, the...more
6/22/2021
/ Biden Administration ,
CCAA ,
Climate Change ,
Corporate Counsel ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Executive Compensation ,
Forced Labor ,
Greenhouse Gas Emissions ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC)
On June 17, 2021, the United States Federal Energy Regulatory Commission (FERC) issued an order (Order) establishing a new Joint Federal-State Task Force on Electric Transmission (Task Force), calling for nominations for...more