Fourteen months later and still waiting for any court to apply SCOTUS's Maui Functional Equivalence Test
In April of 2020, Justice Breyer, delivering the Supreme Court's opinion in Maui v. Hawaii Wildlife Fund, told us that "the...
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Commissioner Lee Emphasizes the Role and Responsibilities of the Corporate Board Concerning ESG and Climate Change
In recent remarks delivered by Commissioner Lee at the Society for Corporate Governance, she took the opportunity to again focus on the...
Yes, let's "legislatively define" WOTUS!
Lara Beaven of Inside EPA is reporting this morning that US Senators Braun, Ernst, and Grassley have filed legislation that would...
SEC Commissioner Roisman Continues Critique of New Climate Change Disclosure Requirements
SEC Commissioner Roisman, one of the two Republicans currently serving as SEC commissioners, has questioned over the past few months the...
SEC Chairman Gensler Re-Affirms Focus on Climate Change Disclosures
During his remarks at London City Week, SEC Chairman Gensler again highlighted the SEC's new focus on climate change disclosures....
Judicial deference is alive and well in the Commonwealth of Massachusetts
For most of my legal career people have been predicting an end to the doctrine of judicial deference that has, since the early 1980s,...
Big News, But Maybe Not so Big?
Antitrust reform advocate Lina Khan was designated as Chair of the FTC last week, a few minutes after her confirmation vote. She was...
Hope is not a strategy when it comes to fixing the Clean Water Act
Bloomberg News reports this morning that the Justice Department has now done in California what it did in Massachusetts a few weeks ago,...
Leaked Billionaire Tax Records Highlight the Need for Asset-Recovery Claimants to Navigate Privacy Havens in the U.S. West.
As fallout continues to stem from the recent ProPublica leak of private billionaire tax records, the extent of hidden wealth in U.S....
Another Post-Maui Case of the Sort the Supreme Court Encouraged
Bloomberg reports this morning that a Washington-based NGO is suing a window manufacturer for its alleged failure to comply with the...
Political Momentum Grows in Support of Mandatory Financial ESG Disclosures
The House of Representatives recently passed a bill--albeit by the narrowest of majorities--that would mandate that companies provide...
At the Intersection of Race and Business | Can Actions Speak Louder than Names?
What’s in a name? I grew up in the Bay Area. I was raised by parents who were open-minded, entrepreneurial and colorful raconteurs. At...
G7 Communique Emphasizes Climate-Related Financial Disclosures
Following the meeting of G7 leaders in Cornwall, a joint communique was issued on June 13, 2021 concerning many issues of common...
The Darkest Hour is Just Before Dawn -- Day 2 of the Biden Administration's Attempt to Define Waters of the United States
Lara Beaven of Inside EPA reports this morning on reactions to EPA's announcement that it will make an eighth attempt to determine the...
When it comes to the Waters of the United States, EPA thinks the eighth time will be the charm
This morning Juan Carlos Rodriguez reports in Law 360 what EPA Administrator Regan had already suggested -- that the Biden...
Breach of Duty of Oversight Claims Gain Some Momentum
Over this past year, I have had numerous calls and virtual meetings with Boards and individual directors concerning the recent cases...
Senators put PFAS clean up cart before the risk characterization horse
This afternoon, Emily Dooley, of Bloomberg Environment, reports that the US Senators representing California and New York are seeking $10...
Better Late than Never, Connecticut Finally Pulls the Plug on the Transfer Act
Those of us who have had the (relative) pleasure of representing clients investigating and remediating contaminated properties under the...
Expanded ESG Reporting Obligations in the EU
The European Commission (an organ of the European Union) issued a proposal a few weeks ago--the "Corporate Sustainability Reporting...
Will Renewed White House Focus on Overseas Beneficial Ownership Loopholes Translate to Domestic Disclosure?
The Biden Administration has accelerated the march to more effective global economic enforcement with the issuance of its National...
SEC Commissioner Roisman Suggests Safe Harbor for ESG Disclosures
Republican SEC Commissioner Elad Roisman, who has expressed considerable skepticism concerning the SEC's recent moves towards mandatory...
All Hands on Deck to Save Boston Harbor's Islands (and much of the rest of the coastal US)
Boston Harbor's Islands, created at the end of the Ice Age and inhabited for over twelve thousand years, are now one of the most...
Boston Harbor "Levee" Plan Doesn't Have a Snowball's Chance in a Warming Climate
Yesterday former State Senator Golden penned this op ed in the Boston Globe calling for a regional "levee" to protect the 15 Boston...
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