Archive:October 2021

1
SB 343: IS RECYCLING LIABILITY ON THE WAY?
2
Commerce Extends Initiation Deadline in Solar Circumvention Inquiries & USTR to Start Targeted China 301 Tariff Exclusion Process
3
Infocast Virtual Master Class: ESG for Renewable Energy Financing
4
ESG and the Sustainable Economy Handbook

SB 343: IS RECYCLING LIABILITY ON THE WAY?

U.S. Energy Infrastructure and Resources, Litigation and Dispute Resolution, and Policy and Regulatory Alert

By: Buck B. EndemannCaitlin C. BlancheDavid WangDamon M. Pitt

California’s new recyclability law could create liability associated with labeling and packaging issues. On 9 September 2021, the California Legislature overwhelmingly passed “The Truth in Labeling for Recyclable Materials” bill (SB 343), which prohibits the use of the “chasing arrows” symbol (or any other indication of recyclability) on products or packaging that are not deemed “recyclable” under criteria to be established by the California Department of Resources Recycling and Recovery (CalRecycle).1 Governor Gavin Newsom signed the bill into law on 6 October 2021.

Commerce Extends Initiation Deadline in Solar Circumvention Inquiries & USTR to Start Targeted China 301 Tariff Exclusion Process

By: Stacy J. Ettinger

COMMERCE EXTENDS INITIATION DEADLINE IN SOLAR CIRCUMVENTION INQUIRIES – NEW DEADLINE LATE NOV

On September 29, 2021, Commerce determined to delay a decision on initiation in the solar circumvention inquiries. Commerce instead asked the US solar manufacturers – A-SMACC (the so-called American Solar Manufacturers Against Chinese Circumvention) – for additional information. In particular, Commerce requested additional information related to why the A-SMACC companies have requested anonymity in the circumvention proceeding. Commerce also requested information regarding the A-SMACC companies’ ties to business interests in China or Southeast Asian countries.

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Infocast Virtual Master Class: ESG for Renewable Energy Financing

CO-HOSTED WITH K&L GATES

November 2-3, 2021

As capital markets, investors, lenders and corporate off-takers accelerate their engagement with the challenges of global warming and other environmental threats, the development of formalized ESG (environmental, social and governance) principles has created great opportunities for renewable energy developers to increase company and project valuations, be more focused in their own M&A decisions, improve their own business processes and those of their suppliers, and obtain financing more easily and at more favorable rates.

However, the relatively recent development of multiple ESG standards and reporting formats, none of which were specifically developed for renewable energy developers, can make it difficult to know exactly how to align their business processes to maximize ESG performance and how to communicate their success at implementing these principles to critical outside partners and investors.

Taught by active market participants who are engaging with ESG issues daily, this ESG for Renewable Energy Financing Master Class will permit renewable development firms to:

  • Examine the core aspects and key challenges of accounting for ESG factors in the context of renewable energy project development and operation, as well as corporate finance
  • Identify ESG issues throughout the renewable energy project life cycle that can impact obtaining investment and financing, and operational cost
  • Get a detailed explanation of how ESG factors flow through project transaction documents to provide an understanding of ESG’s role and impact on contractual agreements & terms
  • Obtain tools and techniques to help identify and manage long-term risk grounded in ESG factors
  • Develop strategies to handle renewable energy project-specific risks such as load, shape and price risk and their interrelation with ESG principles

Co-Lead instructors are Elizabeth Crouse and Lana Le Hir

ESG and the Sustainable Economy Handbook

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and business practices and will continue to evolve. 

This handbook examines how investors evaluate companies based on ESG and sustainability criteria, the way companies incorporate these standards into their operating principles, and the legal and financial considerations for both groups. Whether you are an investor, an investment manager, a company owner, or board member, it will provide you with valuable insights drawn from our lawyers’ deep industry experience and keen understanding of policy, procedures, and trends.

New Sustainable Investing Chapter released today!

To view and download the full ESG Handbook, click here.

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