Environmental, Social, and Governance

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Over the last two years, employers have followed the evolving laws and guidance issued by federal, state, and local governments and public health authorities. On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) made several noteworthy revisions to its guidance to address changing pandemic conditions. Even though the COVID-19 pandemic may have subsided in…

Below is an excerpt of an article co-authored with Jon Schaefer and published in Industry Week on July 8, 2022.  Jon focuses his practice on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs.

Last week, the U.S. Supreme Court issued its decision that the Environmental…

Earlier this month, EPA set new lifetime health advisories for four per- and poly-fluoroalkyl substances (PFAS) – in some instances at levels lower than those that can be detected through laboratory testing. The new health advisories are listed below:

PFASHealth Advisory (in parts per trillion)
PFOA (perflurooctanoic acid)0.004 ppt
PFOS (perfluorooctane sulfonic acid)
…

On May 15, 2022, the latest revision of the Massachusetts Department of Energy Resources (DOER)  Guideline Regarding the Definition of Agricultural Solar Tariff Generation Units (Guideline) for the Solar Massachusetts Renewable Target (SMART) Program took effect. The Guideline supplements the SMART Program regulations (225 CMR 20.000), provides guidance on how a Solar…

On April 6, 2022, by a 5-4 vote in the case of Louisiana, et. al. v. American Rivers, et. al., the Supreme Court temporarily resurrected a Trump-era rule that sought to stop the practice of many states and tribes from withholding or unduly conditioning their certifications that are required under the Clean Water Act…

True to its word, the SEC released its proposed rule, The Enhancement and Standardization of Climate-Related Disclosures for Investors, last week. The rule would require companies to disclose a wide variety of climate-related information, including information about climate-related risks that are reasonably likely to have material impacts on its business and/or its consolidated financial…

Throughout the first year of the Biden-Harris Administration, Environmental Justice (EJ) has been a focus of the U.S. Environmental Protection Agency. As I wrote about in November 2021, since January 2021 EPA has released numerous policies and guidance documents on EJ-related issues and has taken unprecedented actions in connection with permitting reviews and enforcement…

Last week, a shareholder of Danimer Scientific, Inc., filed a derivative suit against the company’s executives and board members, alleging that overstated sustainability claims led to millions of dollars in market capitalization losses.

Danimer manufactures polymers, resins, and plastic alternatives that are used in a number of plastic products. The complaint alleges that the company…

Recently, the Center for Biological Diversity filed a lawsuit against the United States Environmental Protection Agency (EPA), claiming that polyvinyl chloride – more commonly known as PVC or vinyl – should be regulated as a hazardous waste under the Resource Conservation and Recovery Act (RCRA).

The complaint comes seven years after the Center formally petitioned…

Last week, Coca-Cola was sued by Earth Island Institute for deceptive marketing regarding its sustainability efforts “despite being one of the largest contributors to plastic pollution in the world.”

In the Complaint, Earth Island Institute, a not-for-profit environmental organization, alleges that Coca-Cola is deceiving the public by marketing itself as sustainable and environmentally friendly while

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