News & Analysis as of

Environmental Social & Governance (ESG) Rulemaking Process

ArentFox Schiff

ESG Update: Five Considerations Driving Environmental Regulation (No Matter Who Wins the Election)

ArentFox Schiff on

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. While, of course, the election...more

Mayer Brown Free Writings + Perspectives

SEC Rulemaking Trends to Watch in 2024

From climate change disclosure rules to private company transparency measures, the year ahead promises to be a busy one for securities lawyers. Just as we would tell an issuer sharing projections to accompany those with...more

Proskauer - The Capital Commitment

2023 SEC Enforcement Results – Takeaways for Fund Managers

On November 14, 2023, the SEC’s Division of Enforcement announced its Enforcement Results for Fiscal Year 2023. Below are some key takeaways for fund managers: The Commission brought 760 total enforcement actions in FY...more

Mintz

A Mintz ESG Primer: The Current State of Environmental, Social, and Governance Matters in American Corporations

Mintz on

The Mintz Environmental, Social, and Governance (ESG) Working Group developed this ESG primer to provide an overview of the current state of affairs in the United States with respect to the ESG issues that businesses...more

Pillsbury Winthrop Shaw Pittman LLP

Applying Environmental Justice to the Regulated Community: What to Expect and How to Plan Accordingly

Though environmental justice (EJ) has been a cornerstone of the Biden Administration, it lacks federal enforcement laws. Executive orders and responses from federal agencies have shaped U.S. enforcement of EJ issues....more

Mintz

Biden Administration's DOL Rule Enabling Investment Advisors to Consider ESG Factors Survives Judicial Challenge

Mintz on

On September 21, 2023, Judge Kacsmaryk (N.D. Texas), a famously conservative Trump-appointed jurist, upheld a Department of Labor rule promulgated by the Biden Administration that enables employee retirement plans to consider...more

Perkins Coie

New Rules for Climate Commitment Act Designed To Rein in Compliance Costs

Perkins Coie on

The Washington Department of Ecology (Ecology) recently announced rulemaking intended to clarify a key cost containment provision of the Climate Commitment Act (CCA), the state’s carbon emissions cap-and-trade program. The...more

Fenwick & West LLP

ESG Reporting for Private Companies

Fenwick & West LLP on

As we have noted in our previous report, environmental, social and governance (ESG) issues have garnered significant attention from a variety of stakeholders, resulting in increased reporting by many companies. While much of...more

Eversheds Sutherland (US) LLP

ESG in the United States: A complex landscape

The United States is in the process of transitioning ESG disclosure from voluntary, market-led reporting to a regulatory-driven scheme, principally led by the US Securities and Exchange Commission’s (SEC) anticipated (but...more

Proskauer Rose LLP

Regulation Round Up - June 2023

Proskauer Rose LLP on

MiFIR / MiFID II: The European Parliament published a press release announcing it has reached provisional political agreement with the Council of the EU on the proposed amendments to the Markets in Financial Instruments...more

Mintz

SEC Commissioner Peirce Continues to Criticize Proposed ESG Rules

Mintz on

Recently, SEC Commissioner Peirce--one of the Republican appointees to the Securities & Exchange Commission--delivered a speech to Eurofi (a European think tank focused on financial regulation) in which she extensively...more

Manatt, Phelps & Phillips, LLP

Greenhouse Gas Disclosure Mandates Advance in California Legislature; SEC Remains Silent

Two bills that would require climate-related disclosures from specified companies doing business in California advanced in the Legislature this week. SB 253 (Wiener) and SB 261 (Stern) passed the Senate Judiciary Committee...more

Keating Muething & Klekamp PLL

Securities Snapshot: 1st Quarter 2023 - 2022 Final Rules Now in Effect: What You Need to Know

Securities and Exchange Commission rulemaking continued at a brisk pace in the first quarter of 2023 as the Commission implemented several significant reporting and compliance regulations adopted in 2022. Final rules and...more

Goodwin

SEC Regulatory Agenda Showcases 52 Proposed and Final Rules by Spring 2023

Goodwin on

The SEC’s Fall 2022 “Reg Flex” agenda was recently published by the federal Office of Information and Regulatory Affairs (OIRA). Chair Gensler sets the agency’s agenda, which provides a glimpse into how the agency will...more

Latham & Watkins LLP

Updated Timeline for ESG-Related Actions From SEC Under RegFlex Agenda

Latham & Watkins LLP on

​​​​​​​On January 4, 2023, the Office of Information and Regulatory Affairs released the Fall 2022 Regulatory Flexibility Agenda. The agenda includes several updates to the Securities and Exchange Commission’s plans for...more

Mintz

Republican SEC Commissioner Peirce Questions Proposed SEC Rule Concerning ESG "Greenwashing"

Mintz on

In remarks delivered today to the SEC Investor Advisory Committee, SEC Commissioner Pierce--one of the Republican appointees to the Commission--offered a critique of the proposed SEC rule re: "greenwashing," which is the...more

Dechert LLP

Upcoming Regulatory Initiatives Impacting Private Fund Managers - September 2022

Dechert LLP on

This latest edition of the regulatory initiatives paper sets out at a high level the core regulatory issues that are likely to impact private fund managers in the coming months, including an overview of the key actions needed...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates — September 2022

Climate Change Tort Litigation - Beginning in 2017, an array of state and local governments have pursued claims against major fossil fuel producers — particularly the major oil companies (Chevron, Exxon, BP, Shell, and...more

Mintz

Republican SEC Commissioner Peirce Objects to SEC Regulatory Agenda

Mintz on

On June 22, 2022, in response to the SEC's release of its regulatory agenda , Republican SEC Commissioner Hester M. Peirce vigorously objected to the policies and regulatory goals announced by the Biden Administration's SEC. ...more

Bracewell LLP

Update on Securities and Exchange Commission’s Landmark Proposed Climate- Change Disclosure Rulemaking

Bracewell LLP on

Things to Consider - Rulemaking - Coordinate closely with trades to ensure their comments reflect concrete information about impracticability and cost; these make a difference in the admin record upon judicial review...more

Mayer Brown Free Writings + Perspectives

SEC Extends/Reopens Comment Periods for Certain Rulemakings, Including The Enhancement and Standardization of Climate-Related...

The US Securities and Exchange Commission (SEC) rulemaking process has received much attention under Chair Gensler’s leadership not only because of the volume and substance of proposed rules, but also because of the...more

WilmerHale

ESG on Earth Day: Climate Risk is Financial Risk

WilmerHale on

Today marks the 52nd Earth Day celebration, initially commenced in 1970 as citizens around the nation, and the world, gathered to demand stronger protection for the environment: cleaner water, air and land. As in 1970, the...more

Foley & Lardner LLP

ESG Metrics in Credit Agreements

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The genesis of the term ESG, which combines environmental, social, and governance metrics into a popular acronym, is frequently linked to a report published in 2004 titled “Who Cares Wins." The report, endorsed by a group of...more

Vinson & Elkins LLP

2021 Energy and Chemicals Antitrust Report

Vinson & Elkins LLP on

Antitrust activity increased significantly in 2021. This past year brought numerous changes in merger and non-merger enforcement policies and priorities that signal increased scrutiny in industry transactions. The “Biden...more

Mintz

SEC Commissioner Crenshaw Voices Additional Support for ESG Disclosures

Mintz on

Last week, SEC Commissioner Crenshaw--one of the Democratic members of the SEC Commission--addressed the Center for American Progress and the Sierra Club, and availed herself of the opportunity to once again vocally express...more

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