Insights on Environmental, Social & Governance (ESG)

Come September in a presidential election year, the policy world feels like a “winner take all” scenario with the election’s outcome determining how — or this year whether — we are regulated.

Governments are increasingly discussing climate change, including resilience to climate impacts and how to promote the energy transition.

ESG stands for “environmental, social, and governance.” Though often overlooked, two recent cases — Spence v. American Airlines and Exxon v. Arjuna Capital, LLC — focus on G’s place in the ESG initialism.

Policy debates normally focus on substance. Is climate change real? How can business entities weigh environmental, social, and governance (ESG) factors into their decision-making?

On March 6, the US Securities and Exchange Commission (SEC) approved new rules requiring public companies to disclose extensive climate-related information in their registration statements and periodic reports.

A Texas federal judge recently permitted an environmental, social, and governance- (ESG) related Employee Retirement Income Security Act (ERISA) case filed by an airline pilot against his employer and its benefits plan to proceed into discovery.

Join ArentFox Schiff partners Sarah Fitts, Senator Doug Jones, and Angela Santos who will present at the second annual IBA ESG conference in New York City on February 28-29, 2024.

In the last few years, changes to the United States enforcement stance on the forced labor import ban authorized by 19 U.S.C. § 1307 and passage of the Uyghur Forced Labor Prevention Act (UFLPA) have fundamentally changed the way that companies operating in the United States conduct business operations worldwide.

As we move into 2024, environmental, social, and governance (ESG) concepts continue to feature prominently in policy debates.

The fashion and retail industry experienced another year of considerable change in 2023.

Join Angela Santos as she leads a captivating panel for the International Bar Association, spotlighting prominent leaders in the Fashion & Retail industry. The panelists will deep dive into understanding ESG, with a targeted focus on the intricacies existing within the supply chain.

The regulated community faces a complex and evolving landscape. As we head into 2024, our team of energy, environmental, and environmental, social, and governance (ESG) attorneys provide insights and guidance on how to navigate the changing environment.

2023 saw terms like “ESG,” “greenwashing,” and “circular economy” come into common use. We also saw a tsunami of other environmental, social, and governance (ESG)-related developments at the international, federal, and state levels.

A recent Supreme Court of the State of Hawaii decision permitted climate-related claims against major petroleum and gas companies to proceed toward trial.

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.

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.