Green Building Law Update
MARCH 13, 2022
Securities and Exchange Commission Chair Gary Gensler Tweeted about the future of ESG regulation. You do not need to be a futurist to know that SEC regulation of ESG is coming although precisely when has been unclear, however, it is now apparent that the SEC will release a proposal at its March 21 Open Meeting. Last week U.S.
Green Building Law Update
JANUARY 16, 2022
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. The manufacturer’s claim is therefore deceptive.
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Construction Business Owner
MAY 15, 2018
The United States Equal Employment Opportunity Commission received 84,254 discriminatory employment practices complaints last year. In addition to lawsuits filed by private citizens, claims filed by federal, state and city regulators are causing more businesses to purchase Employment Practices Liability Insurance (EPLI).
Green Building Law Update
NOVEMBER 10, 2019
Businesses who generate renewable energy, say, by using solar panels, but sell the Renewable Energy Credits (RECs) for the renewable energy they generate shouldn’t claim they “use” renewable energy. The Federal Trade Commissions has advised that such a claim would be deceptive.
Green Building Law Update
JANUARY 26, 2020
In a decision that critics have called “unprecedented” the Federal Energy Regulatory Commission on December 19, 2019 issued an Order Establishing Just And Reasonable Rate “to protect the competitive capacity market administered by PJM Interconnection, L.L.C.” state renewable portfolio standards) the loser.
Green Building Law Update
DECEMBER 12, 2021
Businesses making a net zero claim like, “we will be net zero by 2030” risk a charge that they are misleading consumers. It is one thing when a political leaders in a government make an ESG claim. But it is another thing for a business to make ESG claims about net zero or otherwise that mislead customers.
Green Building Law Update
SEPTEMBER 12, 2021
Securities and Exchange Commission is conducting an investigation requiring selected companies to articulate their basis for ESG disclosures. There has been relatively little judicial redress arising from ESG claims (largely attributable to a robust stock market in recent years) and much of it involving bad facts in extreme instances (i.e.,
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