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Robert Joseph

Bob counsels energy companies and financial institutions on complex financings and securities law issues in connection with an array of energy projects.

Bob represents issuers and underwriters in connection with numerous corporate finance transactions, including initial public offerings, SEC-registered debt and equity offerings, Rule 144A transactions, project finance and acquisition finance. He integrates this transactional experience with a deep understanding of federal securities law and frequently advises energy companies regarding their disclosure obligations, as well as corporate governance issues and stock exchange listing standards.

As securities laws continue to evolve to address ESG matters, including climate change, Bob assists energy clients in understanding the arc of current and possible future regulation, and how it might impact capital raising and securities law compliance.

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On March 6, 2024, the Securities and Exchange Commission (SEC) issued new rules aimed at standardizing climate-related disclosures by public companies. Commonly known as the SEC climate disclosure rules, they require companies to provide detailed information about their climate-related risks, governance practices, and strategies. Specifically, the rules mandated that companies report their greenhouse gas (GHG) emissions, including Scope 1 emissions (direct emissions) and Scope 2 emissions (indirect emissions from purchased energy); however, the rules faced immediate pushback from various stakeholders, including industry groups and political opponents. In April 2024, the SEC announced a stay of the implementation of the regulations pending judicial review.

Green energy investment trends

Pressure from consumers, investors, and regulators to provide climate, environmental, and sustainability disclosures is increasing, but it is important for companies to ensure such disclosures are accurate, verifiable, and not misleading to avoid claims of “greenwashing” – making false or unsupportable claims regarding how a company and its products are environmentally friendly or have a…