Insights

Washington – August 23, 2022: The American Bar Association has appointed Crowell & Moring’s Monty Cooper to serve a three-year term as a member of the ABA’s Section of Environment, Energy and Resources Council, the Section’s governing body. Representing more than 8,500 members including lawyers, advisors, law students, and decision-makers, the ABA-SEER provides a premier forum for dialogue and professional development in environmental law.

Washington, D.C.— December 1, 2021: A recent survey of top decision-makers by Crowell & Moring finds that nearly 80% of responding companies have identified and adopted environmental performance goals beyond what regulations require. Fewer than half of those surveyed measure their company’s performance against those goals—and in some cases are experiencing challenges implementing them.

Washington – March 15, 2021: Crowell & Moring is expanding its Environmental, Social, and Governance practice by forming a dedicated global ESG Advisory Team to enhance the firm’s ability to address the rapidly changing landscape of federal and state policies and regulations, as well as investor and stakeholder concerns, that are driving businesses to proactively address corporate responsibility. The ESG practice helps clients increase opportunities while managing risks in this new and evolving environment.

On January 8, 2024, New Jersey passed the Electric and Hybrid Vehicle Management Act making it illegal to dispose of electric vehicle (EV) batteries in landfills and instead mandating the reuse and recycling of EV batteries. Beginning in January 2027, the Act will explicitly prohibit unauthorized persons from disposing of EV batteries and their subcomponents as solid waste. On that same date, “no solid waste facility” in New Jersey “shall knowingly accept for disposal” an EV battery unless authorized by the state.

On October 1, 2023, the transitional period of the Carbon Border Adjustment Mechanism (the “CBAM”) began. The mechanism is part of the EU’s efforts to achieve objectives outlined in its green agenda, in particular to tackle the issue of the relocation of emission-heavy production to countries with less stringent environmental policies. In practical terms, it means that starting from October 1, 2023 until December 31, 2025, emissions on goods in certain sectors should be reported when they are imported into the customs territory of the EU. Subsequently, during the definitive period, the trading in CBAM certificates will be added to the reporting obligations, and, gradually, the existing EU Emission Trading System (“ETS”) will be replaced with the CBAM in 2034. In this alert, we discuss certain basic elements of the CBAM as well as certain complex technical aspects of the reporting requirements.

On Saturday, October 7, 2023, California Governor Gavin Newsom signed into law two landmark bills—SB 253, the Climate Corporate Data Accountability Act; and SB 261, the Climate-Related Financial Risk Act—that will require large public and privately-held entities doing business in California to comply with sweeping disclosure requirements regarding their direct and indirect greenhouse gas emissions and their climate-related financial risks.

ESG is a major challenge for insurers. All businesses are being called upon to reevaluate their products and purpose, including their role as employers of diverse, engaged workforces. Plaintiffs’ counsel have already begun to take advantage of changing regulatory and consumer expectations, and ESG-related claims are being pursued in the courts over a wide range of issues. Not only are insurers figuring out how to help others manage these risks, they’re also trying to determine the many ways ESG affects them. 

Please join a panel of Crowell & Moring’s Environmental and Natural Resources Group for a webinar as they conduct a review of recent federal and state government actions concerning environmental justice (“EJ”). 

Strong corporate governance is integral to sustainability and successful ESG approaches in the global aerospace and defense sector. Investors and regulators alike are increasing focus on corporate governance processes and practices, from effective compliance programs and risk management to workforce development, diversity and inclusion. More than ever before, the governance factors of decision-making are taking center stage.

This special edition of the Fastest 5 Minutes podcast covers recent developments related to the Infrastructure Bill and Inflation Reduction Act, and key areas to watch in 2023. The podcast features a cross practice team of Crowell partners, so we offer perspectives from tax, energy, labor and employment, government contracts, ESG, environmental, and government affairs. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.