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TheCorporateCounsel

TheCorporateCounsel.net

A basis for research and practical guidance focusing on federal securities laws, compliance & corporate governance.

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DealLawyers.com

An educational service that provides practical guidance on legal issues involving public and private mergers & acquisitions, joint ventures, private equity – and much more.

CompensationStandards

CompensationStandards.com

The “one stop” resource for information about responsible executive compensation practices & disclosure.

Section16.net

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Widely recognized as the premier online research platform providing practical guidance on issues involving Section 16 of the Securities Exchange Act of 1934 and all of its related rules.

PracticalESG

PracticalESG.com

Keeping you in-the-know on environmental, social and governance developments

Sixteen anti-ESG state attorneys general recently signed a letter to big tech companies Meta, Amazon, Microsoft, and Google inquiring about their renewable energy practices. These AGs take issue with company claims of using 100% renewable energy in their operations because these claims are based on the use of unbundled Renewable Energy Certificates (RECs). Using RECs, like carbon offsetting, is a controversial practice that involves buying rights to sustainable energy that a company did not generate or use firsthand. The AGs letter argues that this practice is misleading because RECs does not actually increase the amount of clean energy produced and contributed to the nation’s power grid:

“Companies cannot argue that their claims are justified based on the generation of additional power by the unbundled RECs. Purchasing unbundled RECs ‘does not increase the amount of renewable generation,’ as those RECs ‘regularly come from projects developed years before procurement,’ and ‘contribute zero to the development of new renewable energy projects.’ Unbundled REC purchases tend to be from the cheapest sources, which are already-existing power plants, such as a trash incinerator. If RECs like those had not been purchased, the amount of renewable energy added to the grid and used by the tech companies would have been the same.”

This is another example of what may seem to be a counterintuitive practice from anti-ESG that we’ve written about before. Anti-ESG forces are opening greenwashing investigations that are very similar to what ESG proponents might bring. However, while the means are the same, the ends are quite different. The goal of pro-ESG greenwashing enforcement is to improve ESG practices and bring claims in line with reality. On the other hand, anti-ESG is attempting to raise the level of risk associated with ESG in the hopes that companies will abandon their practices rather than face legal scrutiny.

Members can learn more about trends in greenwashing here.

If you’re not already a PracticalESG.com member, sign up now and take advantage of our no-risk “100-Day Promise” – during the first 100 days as an activated member, you may cancel for any reason and receive a full refund. But it will probably pay for itself before then. Members also save hours of research and reading time each week by using our filtered and curated library of ESG/sustainability resources covering over 100 sustainability subject areas – updated daily with practical and credible information compiled without the use of AI.

Are you a client of one of our Partners – SourceIntelligence, TRC, Kumi, Ecolumix, Elm Consulting Group International or Impakt IQ? Contact them for exclusive pricing packages for PracticalESG.

Practical Guidance for Companies, Curated for Clarity.

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The Editor

Zachary Barlow is a licensed attorney. He earned his JD from the University of Mississippi and has a bachelor’s in Public Policy Leadership. He practiced law at a mid-size firm and handled a wide variety of cases. During this time he assisted in overseeing compliance of a public entity and litigated contract disputes, gaining experience both in and outside of the courtroom. Zachary currently assists the PracticalESG.com editorial team by providing research and creating content on a spectrum of ESG… View Profile