Resource Listings

This checklist includes ten considerations derived from the U.S. Keystone XL case, regarding seeking U.S. government approval of a cross-border pipeline.

The purpose of this policy is to establish uniform procedures to coordinate management involvement at every location in the event of an OSHA inspection in the United States.

This Quick Overview addresses how Bankability, or the ability to obtain banks' funding, can be a life or death sentence for any transaction requiring borrowed funds in Canada and the United States.

In the first part of this QuickCounsel, we examined how the feedstock of industrial projects should be procured so as to enhance bankability. In this second part, we now look for bankability in the negotiation of the contract for the project's Engineering, Procurement and Construction (EPC).

This short article explains what types of licensing and procedures are required under Brazilian law in order to exploit natural resources, and the competence of each of Brazil's federative entities to issue licenses.

In the first part of this Quick Overview, we examined how the feedstock of industrial projects in the United States should be procured so as to enhance bankability. In this third and final part, we address the purchase of the project's future production and other considerations that may affect bankability.

In the United States Occupational Safety and Health Administration (OSHA) citations can be deceptive. Even when the proposed penalty in the citation appears to be insignificant, the citation can still be end up being extremely costly. Employers should evaluate the potential financial impact the OSHA citation could have on their company, and from that evaluation, decide whether to challenge the citation or settle it on a reasonable basis. This article will outline the major issues that each employer should consider in evaluating the full financial impact of a citation upon the company.

The purpose of this article is to provide an overview of the regulatory structure of the PCCA as well as a summary of the policy settings that have and may continue to occur as a result of the PCCA in the forestry and energy sectors in Brazil.

Armed with new tools to police environmental regulation, officials from around the world are beginning to exercise new strategies to ensure company compliance with climate risk disclosure. How can in-house counsel combat this trend and avoid the possibility of becoming a target?

Climate change is upon us, and in-house counsel are struggling to mitigate risk in a warmer world. As the society-at-large moves toward a low carbon economy, companies are increasingly looking to the legal department to assess and disclose its environmental impact. The future of sustainability is here, are you ready for what’s next?

This updated InfoPAK will provide in-house counsel with information on basic US Occupational Safety and Health Administration (“OSHA”) compliance and how to handle an OSHA inspection. OSHA is particularly aggressive from an enforcement standpoint and employers must be prepared to respond effectively to an OSHA inspection or investigation.

This article provides an explanation of the Clean Power Plan (CPP). The article also describes the CPP's development, previous legislation that led to its execution as well as the controversies surrounding its release within the United States.

This guide addresses the global issues of commercialization, government regulation, importing, exporting and human consumption of genetically modified organisms (GMOs), which include transgenic crops and other products.

Motor vehicles are substantial sources of pollutants that cause smog and contribute to climate change. Taking a cue from California, which has always been at the forefront of fuel regulations, this interactive session will review the current rules affecting mobile sources, particularly transportation fuels. Faculty will then examine the various business risks and opportunities presented by alternative fuels programs and advanced vehicle technology programs. How are low carbon fuel standards credits different from renewable identification numbers? Are fuel cell vehicles the same as electric vehicles? How can companies take advantage of these rules and programs?

This checklist highlights mistakes to avoid when faced with enforcement actions for environmental crimes.

This is a sample timetable for actions under TSCA.

This is a sample of TSCA Reform deadlines.

Regulatory compliance continues to be a key issue for US energy companies. With an ever-changing regulatory landscape and stepped-up enforcement in some areas, it is more important than ever for in-house counsel to ensure proactive compliance with the various regulations governing the energy industry. This panel will provide timely updates, best practices, and advice from the experts on North American Electric Reliability Corporation, US Federal Energy Regulatory Commission, and US Commodity Futures Trading Commission compliance.

In this presentation from the 2016 ACC Annual Meeting, learn about sustainability disclosures in filings with the United States Securities and Exchange Commission (SEC). Find tips for working with corporate colleagues and outside auditors to obtain information critical to making accurate and defensible disclosures that will highlight company accomplishments without creating unnecessary litigation or enforcement risk.

No longer is the annual report a dry recitation of financial figures. Increasingly, Securities and Exchange Commission (SEC) filings have become a canvas for broad, aspirational statements on corporate environmental and social practices. Publicly traded companies now face overlapping and sometimes conflicting demands for transparency from the SEC, activist shareholders, customers, and non–governmental organizations on subjects as disparate as conflict minerals, climate change, material environmental liabilities, and social mandates. These disclosures, which inevitably carry some degree of subjectivity, are fraught with obvious risks, including SEC enforcement actions, shareholder lawsuits and civil litigation based on consumer deception or false advertising claims. This program will provide corporate counsel with tips and case studies for working with their corporate colleagues and outside auditors to obtain information critical to making accurate and defensible disclosures that will highlight company accomplishments without creating unnecessary litigation or enforcement risk.

Training presentation for educating employees on how to write audit and incident reports for workplace safety and health.

No longer is the annual report a dry recitation of financial figures. Increasingly, Securities and Exchange Commission (SEC) filings have become a canvas for broad, aspirational statements on corporate environmental and social practices. Publicly traded companies now face overlapping and sometimes conflicting demands for transparency from the SEC, activist shareholders, customers, and non–governmental organizations on subjects as disparate as conflict minerals, climate change, material environmental liabilities, and social mandates. These disclosures, which inevitably carry some degree of subjectivity, are fraught with obvious risks, including SEC enforcement actions, shareholder lawsuits and civil litigation based on consumer deception or false advertising claims. This program will provide corporate counsel with tips and case studies for working with their corporate colleagues and outside auditors to obtain information critical to making accurate and defensible disclosures that will highlight company accomplishments without creating unnecessary litigation or enforcement risk.

In 2016, employers should expect to see US Occupational Safety and Health Administration (OSHA) fines that are as much as 80 percent higher than in the past as a result of a budget provision signed into law by President Obama that will significantly increase OSHA fines for the first time since 1990. Fines will place greater emphasis on getting OSHA compliance right. In this program, OSHA experts will address the agency’s new penalties and provide a checklist for specific compliance steps that employers can use to better insulate their companies from those penalties. Presenters will address OSHA’s increased focus on new recordkeeping and reporting responsibilities; temporary works; Voluntary Safety and Health Program management guidelines; workplace violence; and joint employer responsibility.

Discuss proxy season results and what is on the horizon for next season (including new proposals and proposals which have passed). Gain insight into and an understanding of the trends in proxy drafting. Examine new developments in proxy access. Analyze and understand ISS and Glass Lewis guidelines and trends. Receive practical guidance regarding managing shareholder engagement and shareholder activism. Review and explore other related items such as ways to increase quorum, European trends and environmental and social issues.

In his first message as ACC board chair, Simon Fish tells ACC members how the organization is becoming more global and earth-conscious.

Checklist, US, OSHA

With growing environmental concerns affecting global companies, Chief Legal Officers (CLOs) are optimally placed to deal with these issues and direct that company to a more sustainable future. In this Quick Overview, CLOs and senior in-house counsel can learn tips and takeaways on how to prepare a more robust Environmental, Social, and Governance (ESG) program for their company.

This ACC Docket article provides in-house counsel with an overview of the procurement process at larger companies, specific clauses in vendor agreements that are important to review before entering into a contract with a vendor, and a guide to procuring clean energy for your company.

Depending on the industry, your board members could be in breach of their duties if they don’t consider the company’s impact on climate change. The climate is changing - more precipitously and with more severe consequences than many anticipated and it will impact companies and board members in a number of different ways. This ACC Docket article outlines actions that board members can take in order to clearly communicate with their shareholders, provide support for their customers and invest in their employees in order to control the environmental impact of climate change on their company.

Learn why corporate sustainability should be at the top of Chief Legal Officers' mind. Get insight into how a large company's CLO approaches sustainability within her organization.