Gibbons Law Alert
On February 16, 2010, U.S. EPA launched a new State and Local Climate and Energy website which provides technical assistance, analytical tools, and outreach support to state, local, and tribal governments.
The United States officially notified the UN that it will abide by the emission reduction goal of the Copenhagen Accords. U.S. climate envoy Todd Stern submitted America’s target to the U.N. Framework Convention on climate change as part of a January 31 deadline negotiated in Copenhagen last year. Thus the U.S. promised that it will reduce global warming pollution about 17% below 2005 levels in the next decade. In doing so, Stern made a point of noting that the final figure could change depending on the outcome of U.S. legislation.
In response to prodding from institutional investors, on January 27, 2010, the U.S. Securities and Exchange Commission voted to provide companies with interpretive guidance on existing SEC disclosure requirements regarding the impact that business or legal developments related to climate change may have on its business. The interpretive guidance identifies four examples of where climate change may trigger disclosure requirements including the impact of legislation and regulation, the impact of international accords, the indirect consequences of regulation or business trends and the physical impacts of climate change.
The Real Property Association of Canada posted “green” lease forms for single building and multi-building projects. The forms address sustainability principles and objectives and enable landlords and tenants to establish sustainability targets for energy, water, indoor air quality, and recycling. The forms also have provisions that enable landlords to carry out “green” renovations to existing building stock, and anticipate and provide for both carbon offsetting by a landlord, and future carbon trading. Users can also register to receive updates on the forms.
Rutgers’ Center for Green Building released New Jersey Green Home Remodeling Guidelines Version 1.0 during the New Jersey State League of Municipalities 94th Annual Conference in Atlantic City on November 20, 2009. The documentation details green building practices homeowners or remodeling professionals can incorporate into common home remodeling projects.
November 3 marked the launching of the Licensed Site Remediation Professional (“LSRP”) program in earnest. On that date, all new remediation projects in New Jersey must be performed under the supervision of an LSRP, a new type of environmental professional mandated by the Site Remediation and Reform Act (“SRRA”). L. 2009, c. 60, Sections 1-29 (codified at N.J.S.A. 58:10C-1 to -29).