Insights on Environmental, Social & Governance (ESG)

Americans have been “recycling” since colonial times. However, it wasn’t until the 1960s that Americans began viewing recycling ― often provided alongside rubbish removal ― a more formal solution to problems posed by consumer waste.

What buzzwords define the environmental space in the past two years? Both “ESG” and “environmental justice” (EJ) are strong contenders. This post outlines how these concepts relate and provides guidance as to how companies can stake out appropriate positions on EJ in ESG reporting.

This article was originally published by the American Health Law Association as one of the 10 biggest issues in health care law this year.

The past few years have seen “ESG” — referring to environmental, social, and governance factors that influence decision making — move from being a fringe shareholder proxy issue to a front-of-mind C-suite issue. 

Investors, lenders, developers, governments, non-profits, and other real estate market participants are increasingly considering environmental, social, and governance (ESG)-related factors, such as climate change, sustainable energy, and energy efficiency in making decisions.

“Environmental justice” (EJ) continues as the primary leitmotif of Biden Administration environmental policy in the first weeks of 2023. 

On New Year’s Eve, New York Governor Kathy Hochul signed New York’s “Cumulative Impacts” bill into law, making New York the second state in the nation to require assessment of “cumulative impacts” affecting certain communities before an environmental permit is issued or renewed.

The Federal Trade Commission (FTC) announced on December 14, 2022, that it is seeking public comment on potential updates and changes to its “Green Guides,” kicking off a process that may lead to the first significant changes to the Guides since 2012.

What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a major court decision involving hot-button topics.

Partner Andy Sawula and Associate Sam Rasche discuss how to respond to EPA Information Requests.

US environmental policy changes tend to occur at a glacial pace, particularly at the federal level. Frustrated with the pace of change, environmental non-governmental organizations (NGOs) and state regulators are increasingly alleging “ESG” and sustainability-focused claims.

Americans woke up on Wednesday, November 9, immediately realizing something was different. On their televisions and other devices, they only saw commercials for products, vacation spots, and reality shows.

Partner Mike Showalter will present “Understanding Environmental Justice: Guidance for Regulated Facilities” hosted by REGFORM on December 6, 2022.

Partner Jane E. Montgomery was quoted on how the Inflation Reduction Act’s 30% energy storage tax credit could bolster large-scale battery manufacturers’ appeal to investors in renewable energy technology.

A series of new developments combine to make the broad topic of Environmental, Social, and Governance (ESG) investing, disclosure, and regulation more relevant to the not-for-profit healthcare sector (Sector).

Partner J. Michael Showalter was quoted on two impactful energy-related court rulings in the first half of 2022.

Jane Montgomery will lead discussion on carbon capture and sequestration on June 14, 2022.

Many investment funds, advisors, and companies have been working to incorporate environmental, social, and governance (ESG) factors into their investment practices, but the US Securities and Exchange Commission (SEC) has proposed new disclosure and reporting requirements.

Massachusetts highest court upheld a state trial court’s decision which allowed a closely watched climate-disclosure related challenge filed by Massachusetts Attorney General Maura Healey against ExxonMobil (Exxon) to proceed over Exxon’s objections.

ArentFox Schiff New York Partner and IBA Power Law Committee Co-Chair Sarah A.W. Fitts will moderate a panel discussion on renewable fuels on Tuesday, May 17 at the Bocconi School of Law in Milan.

We represented Maxim Group LLC, as managing underwriter of a $185 million initial public offering for A SPAC II Acquisition Corp. The offering consists of 18,500,000 units at a price of $10.00 per unit. The offering closed on May 5, 2022.

The firm is sponsoring the LMAWMA 2022 Annual Waste Conference on April 26, 2022.

On March 21, the U.S. Securities Exchange Commission (SEC) proposed far-reaching climate-related disclosure rules for public companies that do business in the United States.

The Fifth Circuit has permitted the Biden Administration to resume using its preferred metric for calculating the “social cost of carbon.”

The “major questions” doctrine is likely to substantially affect environmental law.