Perspectives on Environmental, Social & Governance (ESG)

On October 24, US banking regulators, the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, and Federal Deposit Insurance Corporation (the “agencies”), issued long-awaited guidance on how large financial institutions should manage financial risks associated with climate change.

The 2023 FIFA Women’s World Cup in Australia and New Zealand turned out to be one of the most exciting yet, despite the unexpectedly early exit by the US Women’s National Team.

ArentFox Schiff is pleased to announce the firm has achieved Mansfield Certification Plus, affirming the firm’s commitment to supporting and increasing diversity, equity, and inclusion in the legal profession.

The 2023 FIFA Women’s World Cup in Australia and New Zealand turned out to be one of the most exciting yet, despite the unexpectedly early exit by the US National Women’s Team (USWNT).

Several recent US governmental regulatory actions intended to combat forced labor serve as a reminder to government contractors and importers of their need to conduct appropriate “know your supplier” due diligence to identify compliance risks within their supply chain.

Against the backdrop of increased government scrutiny of fashion supply chains, including recent Congressional inquiries and CBP detentions of cotton products and apparel, New York lawmakers reintroduced a 2023 version of 2022 Fashion Sustainability and Social Accountability Act.

The International Sustainability Standards Board (ISSB) standards have joined the climate-disclosure reporting frameworks that take a financial materiality-led approach.

A group of Delta Air Lines’ customers filed a class action suit alleging that the airline’s marketing claims of carbon neutrality are false and misleading. While this may be the first greenwashing case filed against a major airline, it is not the first carbon-focused greenwashing action.

On May 15, 2023, Florida Governor Ron DeSantis signed legislation that impedes Diversity, Equity, and Inclusion (DEI) programs at public higher education institutions throughout the state.

Mike Showalter and Alex Garel-Frantzen will speak at the ISBA Environmental Law Section’s 21st Annual Environmental Law Conference on May 11 and 12, 2023.

In recent years, “sustainability” has gone from being a niche product approaching, in some quarters, a religion. Few would argue with the proposition that issues like climate- and carbon-neutrality and recyclability have become mainstream consumer issues across the United States.

Mike Showalter will speak on Environmental Justice (EJ) at The Regulatory Environmental Group for Missouri (REGFORM) on April 20, 2023.

The past year has seen a new star become fixed in the judicial firmament.

Fashion Counsel

The war on plastics and petrochemicals has ramped up in 2023. The first two months of the year have seen the petrochemical supply chain under stress.

Environment, social, and governance (ESG) considerations related to investment and corporate governance have made front-page news in recent months, as US elected officials debate whether industry-related ESG practices may violate antitrust laws.

Sarah Fitts and Mike Showalter will present at the International Bar Association’s inaugural ESG Conference from February 28 to March 1, 2023.

Consumer-focused recycling is often driven at the municipal level. For the most part, local governments determine what can be recycled and whether residents need to bring recyclable materials to a central collection point, or whether they are collected from households at some interval.

A new set of environmental policies embraced by the Biden Administration ― environmental justice (EJ) ― may soon spur litigation in the environmental, social, and governance (ESG) space.

The US Securities and Exchange Commission (SEC) Division of Examinations recently released its 2023 Examinations Priorities, a yearly report that provides insight into the Division’s areas of focus to improve compliance, prevent fraud, monitor risk, and inform policy.

Americans have been “recycling” since colonial times. However, it wasn’t until the 1960s that Americans began viewing recycling ― often provided alongside rubbish removal ― a more formal solution to problems posed by consumer waste.

What buzzwords define the environmental space in the past two years? Both “ESG” and “environmental justice” (EJ) are strong contenders. This post outlines how these concepts relate and provides guidance as to how companies can stake out appropriate positions on EJ in ESG reporting.

This article was originally published by the American Health Law Association as one of the 10 biggest issues in health care law this year.

The past few years have seen “ESG” — referring to environmental, social, and governance factors that influence decision making — move from being a fringe shareholder proxy issue to a front-of-mind C-suite issue. 

Investors, lenders, developers, governments, non-profits, and other real estate market participants are increasingly considering environmental, social, and governance (ESG)-related factors, such as climate change, sustainable energy, and energy efficiency in making decisions.