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The Future of the SEC's Climate Change Disclosure Rules If Regulatory Polices Are Reversed Image

The Future of the SEC's Climate Change Disclosure Rules If Regulatory Polices Are Reversed

John Coffee

Depending on the results of the election in November, there may be major reversals in securities regulation and SEC policies. In particular, the SEC's much discussed and much litigated climate disclosure rules may be abandoned by a Trump SEC.

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Three Questions Regarding Zoning and EV Charging Stations Image

Three Questions Regarding Zoning and EV Charging Stations

Anthony S. Guardino

Owners of office and multi-family developments that install new charging stations are likely to see an increase in property values because their buildings will attract or retain EV owners. In order to facilitate and encourage more EV charging stations, municipalities need to update their zoning ordinances to regulate and manage this new land use.

Features

Climate Issues Becoming More Critical for Commercial Real Estate Development Image

Climate Issues Becoming More Critical for Commercial Real Estate Development

Richard Berger

Considerations for severe weather and climate, in general, have real estate developers putting more focus on how they build and operate. But add to that rising insurance rates, which have dealt a big blow to budgets as premiums continue to climb.

Features

Cool Your (Data) Jets! Reducing Your Organization's Carbon Footprint with a Data Retention Policy Image

Cool Your (Data) Jets! Reducing Your Organization's Carbon Footprint with a Data Retention Policy

Greg Moreman

Despite great strides toward better-for-the-world operating procedures, companies might be surprised to learn that they're likely overlooking one area of their business that heavily contributes to its overall carbon footprint — data storage. That's right: storing your company's data generates emissions. And with the continuous increase in data volumes, the impact will likely only grow.

Features

Biden Administration ESG Initiative Draws Scorn from Republican Lawmakers Image

Biden Administration ESG Initiative Draws Scorn from Republican Lawmakers

Maydeen Merino

The Biden administration's efforts to establish environmental, social, and corporate governance requirements on corporations has drawn scorn from Republican lawmakers even as companies learn to navigate the ESG initiative with an unclear regulatory framework.

Features

Revision to the Definition of 'Waters of the United States' Image

Revision to the Definition of 'Waters of the United States'

Steven M. Silverberg

In April of 2020, the EPA and the Department of the Army began the process of revising the definition of the term Waters of the United States (WOTUS). After the new administration took office in 2021, a new final rule was recently published. The changes are scheduled to take effect this year. The definition is significant for a multitude of land uses, as it places limitations on activities that may be conducted within and adjacent to such waters or, in some instances, requires the issuance of permits before certain activities may be conducted.

Features

New Definition of 'Waters of the United States' Image

New Definition of 'Waters of the United States'

Steven M. Silverberg

In April of 2020 the EPA and the Department of the Army began the process of revising the definition of the term Waters of the United States (WOTUS). After the new administration took office in 2021, further study was conducted and a new final rule was recently published. The changes are scheduled to take effect this year, if currently pending challenges are unsuccessful.

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The Impact of Local Law 97 Image

The Impact of Local Law 97

Matthew Schneid

Local Law Number 97 was enacted by the City of New York to achieve reductions in greenhouse gas emissions by 2050. This is accomplished by requiring buildings to retrofit their systems with more energy efficient systems or purchase certain permitted carbon offsets.

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The Impact of New York's Greenhouse Gas Law Image

The Impact of New York's Greenhouse Gas Law

Matthew Schneid

New York City's Local Law Number 97 was enacted to amend the New York City Charter and Administrative Code to achieve reductions in greenhouse gas emissions by 2050. This is accomplished by requiring buildings to retrofit their systems with more energy efficient systems or purchase certain permitted carbon offsets.

Features

ESG 'Greenwashing' Litigation On the Rise Image

ESG 'Greenwashing' Litigation On the Rise

Shoshana Schiller, Alice Douglas & Brenda Gotanda

Increased attention paid to companies' public promotion of their environmental and sustainability programs is likely to continue in 2023, with further developments in regulation and litigation pertaining to "greenwashing" — a marketing practice which involves unsubstantiated or exaggerated claims about the environmentally friendly or socially-responsible attributes of an organization's products or services.

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