Gravel2Gavel Construction & Real Estate Law Blog
Pillsbury Litigation partner and former federal prosecutor Kimberly Jaimez was featured in the GlobeSt.com article, SEC Ready To Clamp Down On ESG Investment Claims, offering insight on the increased awareness of environmental, social and governance (ESG) concerns in commercial real estate. With ESG now being viewed by most CRE investors as a top priority in business operations, a new source of risk has resulted: increased SEC scrutiny over overinflated or otherwise false ESG claims. This could mean CRE investment funds, REITs, and other real estate entities will have to increase compliance vetting on marketing and communications. Jaimez presented the following comments:
Articles Posted in Energy
Real Estate & Construction News Round-Up (06/01/22)
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Cybersecurity becomes an increasing concern when buying digital land, a significant property tax break in New York is set to expire, climate disclosure mandates in commercial real estate are on the horizon, and more.
Do Municipal Gas Bans Slow the Clean Hydrogen Transition in Real Estate?
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Clean hydrogen has the potential to play a significant role in the energy transition by serving as a carbon-free form of energy storage and heat production. In real estate, hydrogen could provide heating, replace or supplement natural gas in many applications, or store excess rooftop solar power. The United Kingdom, United States and Japan are all homes to pilot projects attempting to scale out hydrogen for use in communities.
Proactive and Realistic: Anticipating ESG-Related SEC Scrutiny
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Though ESG has been around for a while, with roots that extend back to the environmental sustainability movement, the script for current ESG litigation and investigations is still being written. ESG efforts have expanded to include diversity within companies and an increased focus on compliance and governance within organizations. Regulatory oversight, especially from the SEC, has swiftly come to the fore to monitor those compliance efforts. As with many areas where the precise regulatory and enforcement regime is still coming into focus, it is crucial to recognize the importance of being both proactive and pragmatic.
DOE Establishes $6 Billion Civil Nuclear Credit Program
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Pillsbury colleagues Elina Teplinsky, Jorge Medina, Sidney Fowler, and Ashley Meredith discuss the U.S. Department of Energy’s (DOE) announcement of the release of a Notice of Intent (NOI) and Request for Information (RFI) describing and seeking feedback on its plan to implement the $6 billion Civil Nuclear Credit (CNC) Program that is part of the Bipartisan Infrastructure Law (BIL).
Real Estate & Construction News Round-Up 02/23/22
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Construction contractors adjust to extreme changes in material prices, China expands real estate lending support to its larger cities, semiconductor demand becomes a gem for industrial real estate, and more.
Real Estate & Construction News Round-Up 02/16/22
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The Biden administration’s Buy Clean Task Force turns its attention to sustainable construction materials, Florida Restaurateurs begin to use nonfungible tokens (NFTs), the Infrastructure Investment and Jobs Act will invest in hydrogen and nuclear technologies, and more.
Real Estate & Construction News Round-Up 02/09/22
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A Florida home for sale offers a property deed via an NFT, nuclear power is projected to play an important role in the climate crisis, a Spanish real estate developer aims to set up an office in the the metaverse Decentraland, and more.
Real Estate & Construction News Round-Up 01/19/22
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Habitat for Humanity builds the nation’s first 3D-printed house, the White House announces infrastructure spending plans for 2022, commercial real estate firms are left to determine their vaccination mandates, and more.
Eco Oro v. Colombia and the Police Powers Exception: What Companies Should Know When Investing Outside of Their Country
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In a mixed decision for international investors, the International Centre for Settlement of Investment Disputes (ICSID) recently published a tribunal’s award finding that the Republic of Colombia breached its obligations under the Canada-Colombia Free Trade Agreement when it blocked Eco Oro Minerals Corporation’s mining project in an effort to protect a high-altitude wetland known as the Santurbán Páramo but held that Colombia did not indirectly expropriate Eco Oro’s concession contract with the government pursuant to which Eco Oro’s investment was made because its actions were a legitimate exercise of Colombia’s right as sovereign state to protect its environment. ICSID arbitration, as its name implies, exclusively deals with international commercial disputes, where “investors” (as defined by applicable treaties and include both companies and individuals) submit claims under international treaties against foreign governments. The Eco Oro decision and its underlying analysis are not unique to investor-state arbitration and illustrate how domestic policy concerns, such as the protection of the environment, may result in States acting against the interests of foreign commercial investment.