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Launch of Financial Services Committee Republican ESG Working Group

On February 3, the Chair of the House Financial Services Committee, Patrick McHenry, announced the establishment of a nine-person Republican ESG Working Group to “combat the threat to our capital markets posed by those on the...more

House Committee Chair Announces Probe into Bank ESG Practices

Attacks on “ESG investing” in the U.S. continues to intensify as additional Republican lawmakers take aim at financial institutions’ alleged “ESG agenda.” Citing an effort to “promote the depoliticization of our capital...more

ECB Board Member Proposes Intensification of Climate-Related Action

On January 10, Isabel Schnabel, a member of the Executive Board of the European Central Bank (ECB), gave a speech at an international symposium on central bank independence on monetary policy tightening and the green...more

Launch of Congressional Sustainable Investment Caucus

On January 25, Representatives Sean Casten and Juan Vargas announced the launch of the Congressional Sustainable Investment Caucus (CSIC). According to the press releases, the “CSIC will bring together Members of Congress...more

State AGs Challenge Department of Labor Rule on ESG Investing

Twenty-five Republican state attorneys general, along with two energy companies, have commenced an action against the U.S. Department of Labor (DOL) seeking to “hold unlawful and set aside” rules governing how retirement plan...more

Investing: Dutch Bank Publishes Climate Strategy and Joins NZBA

On December 16, the Amsterdam headquartered bank ABN AMRO announced the publication of a climate strategy and its decision to join the Net Zero Banking Alliance (NZBA). ABN AMRO stated that it is “committed to making a...more

ESG Ratings: A Call for Greater Transparency and Precision

In early 2022, the ESG ratings industry attracted attention when electric vehicle manufacturer Tesla Inc. was dropped from the S&P 500 ESG Index.  Explaining its decision, S&P cited perceived deficiencies in many ESG areas,...more

What’s in a Name?: “Defense Stocks” Highlight the Challenges for Asset Managers in Navigating Sustainability Taxonomies as They...

It is hardly news that ESG investing is a significant aspect of the asset management industry.  According to Barron’s, $400 billion was invested in U.S. mutual funds and assets that have an ESG orientation in 2021.  However,...more

ESG Enforcement Watch: SEC Files Fraud Complaint against Brazilian Miner, Vale, over False Safety Claims prior to Environmental...

Summary - In an important development, on April 28, 2022, the Securities and Exchange Commission (SEC) commenced an action in the United States District Court for the Eastern District of New York in which it asserted that...more

FDIC Requests Comment on Proposed Framework for Managing Climate-Related Risk

On March 30, 2022, the Federal Deposit Insurance Corporation (“FDIC”) requested comment on draft principles “that would provide a high-level framework for the safe and sound management of exposures to climate-related...more

SEC Proposes Climate-Related Changes to Regulation S-K and Regulation S-X

On March 21, 2022, the U.S. Securities and Exchange Commission (the “SEC”) proposed far-reaching amendments to Regulation S-K and Regulation S-X that would mandate significant additional climate-related disclosures.  If...more

Is Sustainability En Vogue or the Newest Staple? What New York’s Proposed Fashion Sustainability and Social Accountability Act...

In anticipation of New York Fashion Week, lawmakers remind us that this season’s haute couture is not the only thing heating up right now. After years of global warming and environmental, social and governance (ESG) topics...more

“Climate Risk Is Investment Risk”: The Asset Management Industry Confronts The Challenges and Opportunities Presented By Climate...

Introduction - The asset management industry has been sounding the alarm for some time about the risks and opportunities posed by climate change.  While private equity giant, Carlyle, is the most recent financial institution...more

Financial Stability Oversight Council Issues Key Report Declaring Climate Change as an Emerging Threat to U.S. Financial Stability

On October 21, 2021, the Financial Stability Oversight Council (“FSOC”), established in 2010 by the Dodd-Frank Wall Street Reform and Consumer Protection Act to respond to emerging threats to the stability of the U.S....more

Investors and Regulators Turning up the Heat on Climate-Change Disclosures: Attempting to Make Sense of the State of Play in the...

As investors’ calls for greater climate-related corporate accountability grow louder, the “E” in ESG—environmental, social and governance—looms larger than ever, particularly from the perspective of directors facing oversight...more

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