News & Analysis as of

Environmental Social & Governance (ESG) Biden Administration Climate Change

Baker Donelson

Red Tape or Green Future? Unpacking California's Climate Disclosure Laws and the Pushback

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As the federal government works to roll back climate regulations and climate-focused initiatives, states are developing avenues to fill in the gaps left behind. In 2024, the Securities and Exchange Commission (SEC) adopted...more

Akin Gump Strauss Hauer & Feld LLP

Making Waves No Longer: SEC Abandons Climate Disclosure Rule

In a widely anticipated move, the U.S. Securities and Exchange Commission (SEC) has announced that it will no longer defend the agency’s climate disclosure rule issued during the Biden administration. The disclosure rule...more

Wiley Rein LLP

FAR Council Withdraws Rulemakings on Pay Transparency and Contractor Disclosure of Greenhouse Gas Emissions

Wiley Rein LLP on

WHAT: The Federal Acquisition Regulatory Council (FAR Council) announced this week that it is withdrawing two proposed rules. First, it withdrew a January 2024 proposed rule that sought to prohibit government contractors from...more

Latham & Watkins LLP

US Environmental, Social, and Governance Legal Considerations for AI Companies - Status Quo and Practical Next Steps

Latham & Watkins LLP on

Artificial intelligence (AI) has become an indispensable tool, but with the rapid advancement in the technology has come a rise in electricity demand, drawing regulatory attention on the natural resources that AI requires....more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - April 2024 #2

In this week’s edition, we discuss the ever-increasing focus on greenwashing by way of enforcement action taken by regulatory authorities and incoming legislation aimed at enhancing consumer protection. The EU confirmed the...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Justice Update: The Justice40 Initiative

Soon after taking office, President Biden issued Executive Order 14008, entitled, “Tackling the Climate Crisis at Home and Abroad.” This is an unusually long and complex executive order and includes many provisions relating...more

ArentFox Schiff

Three Cases Highlight the Importance of Judicial Branch Procedural Rules in Resolving Policy Disputes

ArentFox Schiff on

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? ...more

Akin Gump Strauss Hauer & Feld LLP

This Week’s Climate Policy Update - March 2024

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past two weeks and forthcoming climate-related events and...more

Hinshaw & Culbertson - Insights for Insurers

[White Paper] United States Insurance Trends and Decisions 2023

As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to...more

Mintz

SEC Possibly Conducting Industry Sweep of ESG Investment Funds

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It has been publicly reported that the SEC's Enforcement Division has been "sen[ding] document requests, including subpoenas" to asset managers in connection with ESG marketing.  This development is entirely unsurprising, as...more

Jones Day

The Climate Report | Second Quarter 2023

Jones Day on

"Green Day" in the UK - As part of its "Powering Up Britain" strategy, the UK government has published a series of documents setting out its vision for the UK's transition to net zero and the strengthening of UK energy...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - March 2023 #4

POTUS Issues First Veto. On March 20, 2023, after more than two years in office, President Biden issued his first legislative veto. As expected, President Biden rejected the bipartisan Congressional Review Act resolution that...more

Akin Gump Strauss Hauer & Feld LLP

Climate Policy Update - March 2023

President Biden issued his first veto to reject a Congressional Review Act measure to shoot down the Department of Labor’s environmental, social, and governance-related (ESG) rule. Governors are also pushing back on the Biden...more

Cadwalader, Wickersham & Taft LLP

Launch of State Alliance Against “ESG Investing”

On March 16, 2023 the Republican governors of 19 states announced an alliance led by Florida Governor Ron DeSantis, to “push back against President Biden’s environmental, social, corporate governance (ESG) agenda that is...more

Mintz

President Biden Issues First Veto to Protect ESG Investing

Mintz on

Today, President Biden issued the first veto of his presidency. This action had been heavily telegraphed in advance and was widely expected. Nonetheless, this veto is extraordinarily significant....more

Cadwalader, Wickersham & Taft LLP

President Biden Expected to Issue First Veto to Preserve DOL ESG Investment Rule

President Biden will likely issue the first veto of his presidency after Congress passed a measure that would repeal a Department of Labor rule that allows retirement plan fiduciaries to consider ESG-related factors in...more

Mintz

Antitrust Practitioners Expect Activity With Climate Issues

Mintz on

As we have noted previously, a number of Republican politicians had previously identified antitrust law as a potential counter to ESG efforts, particularly if companies began to coordinate a response to climate change. Even...more

BCLP

2023 Off & Running in Different ESG Directions?

BCLP on

Just over a month into 2023, we are poised for friction between the Biden Administration’s ESG strategy efforts and those of certain Congressional leaders now in the majority. A variety of proposed rules and legislation...more

Fenwick & West LLP

Responding to the Biden Administration’s Climate Agenda: What Public Companies and Federal Suppliers Need to Know

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Since the start of the Biden administration in January 2021, there has been an increased focus on combatting climate change, including regulatory actions and initiatives to increase disclosure by corporations regarding their...more

Akin Gump Strauss Hauer & Feld LLP

Climate Policy Update

[co-author:Leila Fleming] Good evening! This is Akin Gump’s weekly policy newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from this past week and...more

Foley & Lardner LLP

ESG: Tips for the Oil & Gas Boardroom

Foley & Lardner LLP on

ESG is increasingly vying for airtime in oil and gas boardrooms as leaders grapple with how best tackle environmental, social and governance challenges. This follows a trend of ESG support throughout all sectors of the U.S....more

Holland & Knight LLP

DOL Issues Final Rule on Climate Change, ESG Factors for Retirement Plan Investments

Holland & Knight LLP on

The U.S. Department of Labor (DOL) on Nov. 22, 2022, announced its adoption of amendments to the regulation setting out retirement plan fiduciary duties of prudence and loyalty under the Employee Retirement Income Security...more

Akin Gump Strauss Hauer & Feld LLP

Proposed Changes to the Federal Acquisition Regulation Addressing Disclosure of Greenhouse Gas Emissions and Climate-Related...

In November 2022, the U.S. government, acting through the Department of Defense, General Services Administration, and National Aeronautics & Space Administration, issued a proposed rule that would amend the Federal...more

Perkins Coie

White House Releases Version 1.0 of Climate and Economic Justice Screening Tool

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The Biden-Harris administration launched Version 1.0 of its Climate and Economic Justice Screening Tool (CEJST) on Tuesday, November 22, 2022. This tool is a key component of the administration’s environmental justice...more

WilmerHale

Avoid Contributing to Ecocide - Know Your Supply Chain

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Sustainability has risen to the top of the agenda for businesses around the world. Governments, investors and the public demand that organisations play a part in the global push to eliminate, or at least limit, the...more

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