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SEC Commissioner Crenshaw Focuses on Internal Controls Concerning ESG Risks

USA - December 3 2021 In a recent speech, SEC Commissioner Crenshaw, one of the Democratic appointees to the Commission, focused on the role internal controls play in…

SEC Chairman Gensler Re-Affirms Focus on Climate Disclosures

USA - December 3 2021 SEC Chairman Gensler, in a set of prepared remarks before the Investor Advisory Committee that focused on cryptocurrency, nonetheless availed himself…

EPA Seeks to Avoid Second Trip to the Supreme Court with the Sacketts

USA - November 30 2021 The Sacketts of Idaho want the Supreme Court of the United States to intervene on their behalf for a second time. Now, just weeks before the ten year…

Now that you mention it, why don't we have a "Comprehensive National Wetland Protection Act"?

USA - November 23 2021 The Dean of Environmental Law bloggers, Seth Jaffe, does me the honor of a thoughtful response to my concern about whether EPA's and the Army Corps of…

SEC Rule Change to Clear Path for Investors on Corporate Boards

USA - November 23 2021 The proxy rule changes coming into effect after the coming proxy season are thought to have the effect (possibly intended) of making it easier for…

New York State Department of Financial Services Issues Guidance to Insurers Concerning Climate Change

USA - November 19 2021 The New York State Department of Financial Services ("DFS")--one of the primary state regulatory authorities in New York--has now issued guidance to…

We have a new EPA definition of "Waters of the United States" but if you were looking for a bright line you're going to be disappointed!

USA - November 19 2021 EPA has published its most recent proposed definition of "Waters of the United States" with an eye toward finalizing that definition next year in time…

Rating Agency Identifies Increased Use of ESG Metrics in Credit Agreements

USA - November 19 2021 Fitch Ratings, one of the three major credit rating agencies, recently issued a report noting the increasing use of ESG metrics in credit agreements…

What are Courts supposed to do when the Executive Branch says it is incapable of doing its job?

USA - November 18 2021 This week, the Massachusetts Attorney General joined the Department of Justice in asking the First Circuit Court of Appeals to overturn what has been…

Biden Billions for PFAS in Drinking Water

USA - November 16 2021 The monumental infrastructure bill that President Biden signed yesterday will send $10 billion to the States to pass on to drinking water suppliers to…