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TIME TO REGISTER IS RUNNING OUT:
2023 PRACTICAL ESG CONFERENCE

Register Now


FEATURED EVENTS

SEP 19 2023
PODCAST : TAKING A HOLISTIC APPROACH TO MAKING DEI PROGRESS

AUG 29 2023
PODCAST : PRACTICAL WAYS TO CREATE AN INCLUSIVE ORGANIZATION

AUG 31 2023
WEBCAST : CORPORATE DEI PROGRAMS AFTER STUDENTS FOR FAIR ADMISSIONS V. HARVARD

AUG 7 2023
PODCAST : THE STATE OF DEI EDUCATION IN THE WORKPLACE AND BEYOND

SEP 19 2023
2023 PRACTICAL ESG CONFERENCE


FEATURED BLOGS - SUBSCRIBE TO FREE BLOG

slide 3 to 4 of 63
Aug 21 2023 #assurance, #compliance, #esg, #human-rights, #investors, #social,
#supply-chain

UYGHUR FORCED LABOR DISCLOSURE MANDATE REINTRODUCED TO HOUSE

The Uyghur Forced Labor Prevention Act (UFLPA) prevents US companies from
importing goods made with forced labor in the Xinjiang Uyghur Autonomous Region
of China. The UFLPA established a presumption that any goods originating from
the region were made with...


Zachary Barlow
Aug 21 2023 #diversity, #equity, #esg, #social

NEW PODCAST: THE CURRENT STATE OF CORPORATE DEI TRAINING

Our latest podcast is now live. We spend a few minutes with Miranda Williams,
who is an anti-racism educator, speaker, trainer, and workshop facilitator with
a wealth of experience leading and providing consulting services on global DEI
programs and initiatives. In...


Ngozi Okeh
Sep 19 2023 #assurance, #climate, #compliance, #diversity, #environment,
#equity, #esg, #human-rights, #investors, #social, #supply-chain

TODAY IS THE DAY! THE ANNUAL PRACTICALESG CONFERENCE BEGINS THIS MORNING

Couldn’t make it to Climate Week in NYC? Don’t despair – you can STILL register
for our day-long virtual ESG conference, themed “Finding Shelter in the ESG Bomb
Cyclone”. The conference, sponsored by Morrison Foerster, consists of nine
programs designed to...


Lawrence Heim
Sep 19 2023 #climate, #compliance, #environment, #esg

FLASHY APPLE SUSTAINABILITY AD CUTE BUT COULD BE TROUBLE

A new video ad touting Apple’s sustainability progress on the company’s website
is more of a short film than a traditional advertisement. The ad feels more like
a scene from The Good Place than sustainability marketing. The premise is
simple:...


Zachary Barlow
Sep 19 2023 #climate, #compliance, #environment, #esg

UNDERGROUND INJECTION PERMITTING & GEOLOGIC CO2 SEQUESTRATION

I have been somewhat curious about how states (which typically have primary
authority for regulating waste management and disposal activities) approach CO2
geologic sequestration since CO2 is not a regulated solid waste. This article
from the Texas Environmental Law Journal...


Lawrence Heim
Sep 18 2023 #climate, #compliance, #environment, #esg

THE WAIT IS OVER – CALIFORNIA GOVERNOR TO SIGN CLIMATE DISCLOSURE BILLS

Last week, the California legislature passed two climate disclosure bills and
sent them to the desk of Governor Gavin Newsom. You can read my summaries of
SB258 (the Climate Corporate Data Accountability Act) and SB261 (Greenhouse
gases: climate-related financial risk)....


Lawrence Heim
Sep 18 2023 #climate, #environment, #esg, #supply-chain

WILL CARBON REMOVAL PLANS HOLD UP TO LITIGATION?

To accomplish their climate goals, many countries are betting on ambient carbon
dioxide removal (CDR) more than emissions reductions. Reliance on developing
technologies that have not been brought to scale is almost certain to face
further scrutiny in the courtroom....


Zachary Barlow
Sep 18 2023 #diversity, #equity, #esg, #human-rights, #social

TECH IS LOSING BLACK, LATINA AND NATIVE AMERICAN WOMEN

It’s no secret that the tech industry has struggled with its representation of
women, especially women who are Black, Latina, and Native American. For years,
tech companies invested in improving the representation of women through various
programs and even by...


Ngozi Okeh
Sep 15 2023 #assurance, #climate, #compliance, #environment, #esg, #investors

ANOTHER CALIFORNIA CLIMATE BILL PASSES, IMPACTING MORE NON-CALIFORNIA COMPANIES

Things moved pretty fast in the California legislature ahead of its Interim
Recess. Yesterday I wrote about the state’s climate disclosure bill that went to
the Governor’s desk. After that bill was passed, the legislature passed a second
climate bill...


Lawrence Heim
Sep 15 2023 #diversity, #equity, #esg, #human-rights, #social

STARBUCKS’ LEGAL VICTORY: DEI IS WITHIN BOARD BUSINESS JUDGMENT

DEI has been under fire recently with the Supreme Court’s ruling against
affirmative action in university admissions and Florida’s suite of anti-DEI
bills. Companies are trying to understand business implications of these DEI
restrictions. Luckily, a recent win is on...


Ngozi Okeh
Sep 15 2023 #compliance, #diversity, #equity, #esg, #investors

MORE ON THE STARBUCKS DECISION: A BLOW TO ANTI-ESG, BUT MORE COURT BATTLES AHEAD

As Ngozi wrote, the National Center for Public Policy Research (NCPPR)’s
anti-ESG case against Starbucks’ board of directors was dismissed with prejudice
and faced scathing criticism from the presiding judge. The failure of this case
marks a win for corporate...


Zachary Barlow
Sep 14 2023 #assurance, #climate, #compliance, #environment, #esg, #supply-chain

CALIFORNIA CLIMATE DISCLOSURE BILL PASSES, IMPACTING NON-CALIFORNIA COMPANIES

California SB-253, the Climate Corporate Data Accountability Act, passed in both
state houses and now sits on the desk of Governor Newsom for final action or
inaction (in California, laws become final automatically if executive action is
not taken within...


Lawrence Heim
Sep 14 2023 #compliance, #diversity, #esg, #social

LAW FIRMS SUED FOR CONSIDERING RACE IN FELLOWSHIP PROGRAMS

American Alliance for Equal Rights, the organization behind the US Supreme Court
case ending affirmative action in college admissions last June, filed lawsuits
against two major law firms. The lawsuits target the firms’ programs offering
fellowships to diverse candidates and...


Zachary Barlow
Sep 14 2023 #diversity, #equity, #esg

NEW PODCAST: NETTA JENKINS ON MAKING ORGANIZATIONS INCLUSIVE

Our newest podcast is now available. I talk with Netta Jenkins – CEO of Aerodei,
a gamified platform for organizations that ignite Inclusion efforts by measuring
the impact of every employee and offers real-time employer data. Netta is the
author...


Ngozi Okeh
Sep 13 2023 #climate, #compliance, #diversity, #environment, #esg,
#human-rights, #social, #supply-chain

CLOS EXPECT ESG FOCUS TO EXPAND

The role of Chief Legal Officer (CLO) is on the rise. A CLO oversees the legal
department from a big-picture level, as opposed to a General Counsel which
provides support in various legal matters. CLO’s have their attention split
in...


Zachary Barlow
Sep 13 2023 #diversity, #equity, #esg, #human-rights, #social

ASSESSING COMPANY IMPACTS ON SOCIETY AND BUSINESS DEPENDENCIES

One of the core challenges of DEI is the ability to define its value to the
business in ways that managers across the business can understand. The Capitals
Coalition, a group of businesses, institutions, and experts, has introduced a
new...


Ngozi Okeh
Sep 13 2023 #climate, #compliance, #diversity, #environment, #equity, #esg,
#human-rights, #investors, #social, #supply-chain

PROLIFERATION OF INDUSTRY ESG INITIATIVES IS A PROBLEM

We all complain about ESG’s alphabet soup of abbreviations and acronyms. Those
complaints are well-deserved. While that may be fodder for jokes, it isn’t
necessarily funny and can be a real distraction to getting things done. The
increase in abbreviations...


Lawrence Heim
Sep 12 2023 #diversity, #equity, #esg, #social

AND THEN THERE WAS ONE (BLACK WOMAN FORTUNE 500 CEO)

Only one Black woman Fortune 500 CEO remains after Rosalind “Roz” Brewer steps
down from Walgreens leadership role after starting in 2021. The news leaves
Thasunda Brown Ducket, president and CEO of TIAA, as the only Black woman
currently leading...


Ngozi Okeh
Sep 12 2023 #climate, #diversity, #environment, #equity, #esg, #human-rights,
#investors, #social

ESG COUNTERSPIN – IS ADDING ESG STAFF NOW BAD?

Another day, another new ESG risk pops up for companies. Usually, one sign that
organizations are serious about backing up their ESG talk is to add headcount.
Sure, that is an imperfect indicator of virtuous intent but it is usually...


Lawrence Heim
Sep 12 2023 #assurance, #climate, #compliance, #diversity, #environment,
#equity, #esg, #human-rights, #investors, #social, #supply-chain

ONE WEEK UNTIL OUR CONFERENCE – HAVE YOU REGISTERED?

Our conferences kick off one week from today – starting with our “2nd Annual
Practical ESG Conference” on Tuesday and continuing with the “Proxy Disclosure &
20th Annual Executive Compensation Conferences” bundled together as one virtual
event on Wednesday, Thursday and...


Lawrence Heim
Sep 11 2023 #climate, #environment, #esg, #social

OREGON COUNTY SEEKS CLIMATE CHANGE DAMAGES FROM ENERGY COMPANIES

[Ed. note: Today is the 22nd anniversary of the terrorist attacks of the World
Trade Center, the Pentagon and United Flight 93. It is a difficult day for many,
but we take this moment to remember those who died in...


Zachary Barlow
Sep 11 2023 #climate, #compliance, #diversity, #environment, #equity, #esg,
#human-rights, #investors, #social, #supply-chain

ESG CREDIBILITY IS BEING TESTED LIKE NEVER BEFORE

[Ed. note: Today is the 22nd anniversary of the terrorist attacks on the World
Trade Center, the Pentagon and United Flight 93. It is a difficult day for many.
I had a friend who perished in the first tower. A...


Lawrence Heim
Sep 11 2023 #climate, #environment, #esg, #supply-chain

MORE UNCERTAINTY IN CLIMATE MANAGEMENT ASSUMPTIONS

[Ed. note: Today is the 22nd anniversary of the terrorist attacks on the World
Trade Center, the Pentagon and United Flight 93. It is a difficult day for many.
I had a friend who perished in the first tower. A...


Lawrence Heim
Sep 8 2023 #compliance, #environment, #esg, #investors, #social, #supply-chain

EFRAG AND GRI ISSUE JOINT STATEMENT OF INTEROPERABILITY

The European Financial Reporting Advisory Group (EFRAG) and the Global Reporting
Initiative (GRI) issued a joint statement announcing alignment of their
standards. The two organizations see eye to eye on the issue of impact
materiality, with EFRAG adopting GRI’s definition...


Zachary Barlow
Sep 8 2023 #assurance, #climate, #compliance, #environment, #esg, #investors

EU CSRD PART 2 – IT’S NOT JUST REPORTING COMPANIES THAT AREN’T READY

Following yesterday’s blog on company readiness for reporting under the new
CSRD, it isn’t just the reporting companies that aren’t prepared – there are
concerns about the expertise and availability of auditors to do the work.
Responsible Investor’s article discusses...


Lawrence Heim
Sep 8 2023 #compliance, #environment, #esg, #investors

WILL THE CSRD CREATE LITIGATION RISK FROM THE SEC?

Since we are on the topic of the EU’s CSRD – its extra-jurisdictional scoping
requirements require non-EU companies with a large enough presence in the EU to
disclose under the framework. Materiality assessments must be conducted on a
variety of...


Zachary Barlow
Sep 7 2023 #climate, #compliance, #environment, #esg, #investors

WILL CLIMATE-RELATED DISCLOSURES SURVIVE THE CLIMATE OF THE SUPREME COURT?

The SEC’s Climate-Related Disclosure Rule has been proposed for over a year now.
Many are expecting the final rule in October (although timing is uncertain) and
litigation about the rule’s validity is a certainty. This has led to speculation
on...


Zachary Barlow
Sep 7 2023 #assurance, #climate, #compliance, #environment, #esg, #investors

EU CSRD PART 1 – REPORTING COMPANIES AREN’T READY

EU’s new Corporate Sustainability Reporting Directive (CSRD) requires the first
group of regulated companies – 11,000 or so large EU companies already reporting
under the existing Non-Financial Reporting Directive (NFRD) – to report on
2024 data in reports published in 2025. Assurance...


Lawrence Heim
Sep 7 2023 #diversity, #equity, #esg, #human-rights, #social

HOW THE “BLACK TAX” PERPETUATES SYSTEMIC RACISM

Ever since emancipation, Black Americans have been subjected to a “Black Tax”.
Even after 400 years, experts estimate African Americans own just 2% of US
wealth. Data reveals that Black borrowers pay more than White borrowers due to
receiving higher...


Ngozi Okeh
Sep 6 2023 #climate, #diversity, #environment, #equity, #esg, #investors,
#social, #supply-chain

ESG SPENDING IS BOTH UP AND DOWN – DEPENDING ON WHO YOU ASK

Is ESG still a corporate priority and are companies continuing to invest in
related initiatives? Well, it depends. If you ask automotive supply chain
executives, the answer seems to be “no” according to results from a new
CapGemini survey: “Sustainability...


Lawrence Heim
Sep 6 2023 #assurance, #climate, #compliance, #diversity, #environment, #equity,
#esg, #human-rights, #investors, #social, #supply-chain

A CSO’S VIEW ON BENEFITS & RISKS OF CHATGPT IN ESG

An interview with investment bank J Safra Sarasin’s chief sustainability officer
Daniel Wild about their experiences using chatGPT in ESG was just published by
ESGClarity. Wild emphasizes the need for human involvement, assessment and
ultimate decision making rather than deferring...


Lawrence Heim
Sep 6 2023 #compliance, #diversity, #equity, #esg, #social

THE SUPREME COURT’S BLOW TO LGBTQ PROTECTIONS

The same week the Supreme Court dismantled affirmative action in university
admissions, it also made a detrimental decision about LGBTQ rights. In the case
303 Creative LLC v. Elenis, the Supreme Court ruled in favor of the Christian
graphic artist...


Ngozi Okeh
Sep 5 2023 #assurance, #climate, #compliance, #diversity, #environment, #equity,
#esg, #investors, #social

MANAGING YOUR ESG SCORES – MAYBE NOT WHAT YOU THINK

Companies and ESG raters have developed an interesting – if not adversarial –
relationship since ESG ratings became mainstream a few years ago. The ratings
systems evolved rapidly and imperfectly, while companies struggled to understand
the basics of black-box ESG...


Lawrence Heim
Sep 5 2023 #climate, #environment, #esg, #supply-chain

HOW CLIMATE MITIGATION WORDING IS EVOLVING

Whether due to anti-ESG pressures or because of how much fraud and uncertainty
has recently been discovered in carbon offsets – we are starting to see some
surprising changes in how companies word what they are doing on climate
mitigation....


Lawrence Heim
Sep 5 2023 #equity, #human-rights, #social

STUDIES SHOW REMOTE EMPLOYEES WORK LONGER AND HARDER

The pandemic compelled employers to reevaluate their approach to work, leading
to a substantial shift towards remote work. In the pre-pandemic era, a mere 5%
of the workforce operated from home; however, the virtual workspace currently
accounts for nearly 30%...


Ngozi Okeh
Sep 1 2023 #climate, #environment, #esg, #supply-chain

IS THE WORLD’S LARGEST CARBON CREDIT ISSUANCE IN DANGER?

[Ed. note: No blogs will be published Monday in recognition of the Labor Day
holiday in the US. We will return Tuesday September 5.] By now, you know about
the military coup in Gabon. While it may not be the...


Lawrence Heim
Sep 1 2023 #assurance, #climate, #compliance, #diversity, #environment, #equity,
#esg, #investors, #social, #supply-chain

MORE ABOUT FRAUD IN ESG

[Ed. note: No blogs will be published Monday in recognition of the Labor Day
holiday in the US. We will return Tuesday September 5.] Even against anti-ESG
and “greenhushing” headwinds, we are seeing more ESG disclosures and ESG-related
performance components...


Lawrence Heim
Sep 1 2023 #diversity, #equity, #esg, #human-rights, #social

THE PRESSURE GROWS ON DEI PROGRAMS

[Ed. note: No blogs will be published Monday in recognition of the Labor Day
holiday in the US. We will return Tuesday September 5.] With corporations facing
increasing litigation in the wake of the Supreme Court’s decision in SFFA v....


Ngozi Okeh
Aug 31 2023 #climate, #compliance, #esg, #investors

MUST US COMPANIES COMPLY WITH EU’S TAXONOMY REGULATION?

The EU’s Corporate Sustainability Reporting Directive (CSRD) extends an
extra-jurisdictional requirement for certain companies that operate – but are
not headquartered – in the EU. These companies, referred to as third-country
companies, must file reports at the consolidated entity level...


Zachary Barlow
Aug 31 2023 #assurance, #compliance, #esg, #investors

SAFETY PROFESSIONALS – READY TO REPORT TO THE SEC?

In reading over my daily deluge of ESG information, I was reminded of the SEC’s
Human Capital Management (HCM) rule which went into effect three years ago. The
rules are principles-based and provide a lot of room for discretion and...


Lawrence Heim

Aug 31 2023 #compliance, #diversity, #equity, #esg, #social

WEBCAST TODAY: CORPORATE DEI PROGRAMS AFTER STUDENTS FOR FAIR ADMISSIONS V.
HARVARD

Join us today at 2 pm eastern for the webcast – “Corporate DEI Programs After
Students for Fair Admissions v. Harvard” – to hear Orrick’s J.T. Ho, NextRoll’s
Travis Sumter and PracticalESG.com Editor Ngozi Okeh discuss the implications of
the Supreme Court’s...


Lawrence Heim
Aug 30 2023 #compliance, #esg, #human-rights, #social, #supply-chain

CANADA INVESTIGATES BIG NAMES FOR UYGHUR SUPPLY CHAIN ISSUES

The U.S. isn’t the only country concerned with human rights problems in
corporate supply chains in relation to Chinese Uyghurs. The Canadian
Ombudsperson for Responsible Enterprise (CORE) published Initial Assessment
reports regarding complaints about three Canadian companies that are alleged...


Lawrence Heim
Aug 30 2023 #climate, #compliance, #environment, #esg, #investors

TIPS FOR THREADING THE NEEDLE OF PRO- AND ANTI-ESG

It’s no secret that ESG has become divisive in national and state politics,
particularly in the financial services sector. A recent memo from Reed Smith
delves into the trends of ESG investing and outlines current legislative
developments from both pro-...


Zachary Barlow
Aug 30 2023 #compliance, #esg, #investors

PRI DISCLOSES ESG LITIGATION RISKS TO ITS OWN BUSINESS

UK-based Principles for Responsible Investment (PRI), the UN-backed investor
coalition focused on sustainable finance, has flagged both ESG backlash
litigation and the reputational risks of greenwashing as risks affecting its own
business. Responsible Investor reports that, even though PRI is...


Zachary Barlow
Aug 29 2023 #climate, #compliance, #environment, #esg, #social

CLIMATE CONCERNS CREATE CRISIS FOR OIL AND GAS HIRING

The US oil and gas industry has long faced interesting staffing challenges with
its boom-or-bust business cycles and notorious sector-wide mass layoffs. In the
past, oil companies overcame the obstacles with high pay during boom times. That
may not be...


Lawrence Heim
Aug 29 2023 #climate, #environment, #esg, #investors

CARBON OFFSET INVESTMENTS ON THE RISE, ALONG WITH RISK

This LinkedIn post from PracticalESG.com Advisory Board member Mark Trexler is
emblematic of what I expect to see more frequently as investors – including
retail investors – become more willing to jump into carbon markets for profit
and capital growth....


Lawrence Heim
Aug 29 2023 #climate, #environment, #esg, #supply-chain

ANOTHER STUDY: CO2 OFFSETS DON’T CUT THE MUSTARD

More troubling news about more problems with carbon offsets being purchased by
companies pursuing Net Zero goals. This scientific study published in Science.
It’s a technical review of REDD (reducing emissions from deforestation and
forest degradation) projects that create offsets...


Lawrence Heim
Aug 28 2023 #climate, #compliance, #esg, #investors

WOULD SEC HAVE A FIVE YEAR WAIT TO REISSUE CLIMATE RULES?

In my blog last Monday, I included an excerpt from an ESG Clarity article about
anticipated legal challenges to the SEC’s final climate disclosure rule (once
issued). That excerpt included this statement: “If the SEC loses in court after
publishing its...


Lawrence Heim
Aug 28 2023 #climate, #compliance, #environment, #esg, #supply-chain

EU ISSUES NEW RULES AS CBAM RAMPS UP

The EU’s Carbon Border Adjustment Mechanism (CBAM) comes into effect on October
1, 2023. This will be the beginning of CBAM’s “transitional phase” which will
require companies to report on embedded carbon in imported products. This phase
will last until...


Zachary Barlow
Aug 28 2023 #diversity, #equity, #esg, #social

GENDER BIASES TO AVOID IN REMOTE AND HYBRID SETTINGS

Ed. note: This blog was originally written for us by research intern Tristin
Young. Since the pandemic, many have grown accustomed to having remote and
hybrid work. I personally love the flexibility of remote work, but there are
subtle pitfalls....


Zachary Barlow
Aug 25 2023 #assurance, #climate, #compliance, #environment, #esg, #investors,
#supply-chain

DELOITTE ANALYSIS SHEDS LIGHT ON COMMON ESG QUESTIONS

A recent analysis from Deloitte “Many financial services companies mobilize for
ESG reporting” offers answers to questions I hear frequently from companies
about structuring the internal ESG function, preparations for ESG disclosures
and data quality concerns. Here are a couple...


Lawrence Heim
Aug 25 2023 #assurance, #climate, #environment, #esg

MORE ON DELOITTE’S ANALYSIS OF CORPORATE ESG FUNCTIONS

The Deloitte analysis provided other valuable insights on financial services
firms’ views on data and assurance: “Most (80%) of our respondents say their
financial institutions are prepared to disclose details about their Scope 2
greenhouse gas (GHG) emissions. However, only...


Lawrence Heim
Aug 25 2023 #climate, #environment, #esg, #social

AN UPDATE ON GERMANY’S “TRUE PRICING” EXPERIMENT

I recently blogged about a bold ESG experiment by German food retailer Penny,
who selected a handful of basic grocery items for “wahren Kosten” (“real” or
“true” pricing) for one week earlier this month. These “real costs” include
impacts such...


Lawrence Heim
Aug 24 2023 #climate, #environment, #esg, #investors

UK GFANZ MEMBERS PUSH BACK AGAINST “SOLE RESPONSIBILITY” FOR NET ZERO

GFANZ members are making clear that they have a limited role in achieving UK’s
Net Zero goals. Responsible Investor reports on written comments that were
submitted to the UK Parliament: “Financial institutions should not be held
solely accountable for delivering...


Lawrence Heim
Aug 24 2023 #climate, #environment, #esg, #investors

MOST ASSET MANAGERS “MISALIGNED” ON CLIMATE

While we’re talking about asset managers and climate, there is this.
InfluenceMap recently issued an assessment of 45 of the world’s largest asset
managers (“Asset Managers & Climate Change 2023“), looking at equity portfolios,
stewardship, and sustainable finance policy engagement...


Lawrence Heim
Aug 24 2023 #climate, #environment, #esg, #investors

IT’S A BEACH: CALIFORNIA PENSIONS’ NET ZERO POLICIES DIFFER

Even in California – a state where you think everyone would agree on climate
issues – consistency in Net Zero approaches doesn’t exist. This piece from Net
Zero Investor raised my eyebrows about how different net zero investment
strategies are...


Lawrence Heim
Aug 23 2023 #climate, #compliance, #environment, #esg

SOCALGAS SETTLES GREENWASHING CASE WITH STATE AG

Southern California Gas Company (SoCalGas) – an energy company in California –
settled with the California Attorney General over greenwashing allegations. The
company made repeated marketing claims that natural gas is a “renewable” energy
source, which the state’s Attorney General...


Zachary Barlow
Aug 23 2023 #climate, #compliance, #environment, #esg, #investors, #social

EU URGES IFRS TO ADOPT DOUBLE MATERIALITY

The European Securities and Markets Authority (ESMA) and the European Banking
Federation (EBA) responded to the IFRS ongoing consultation regarding the
organization’s priorities over the next two years. IFRS standards use a
financial materiality lens, whereas European standards require ESG...


Zachary Barlow
Aug 23 2023 #climate, #compliance, #environment, #esg, #investors, #social

EU DOES A DOUBLE TAKE ON DOUBLE MATERIALITY GUIDANCE

More on the EU’s use of double materiality standards and how it conflicts with
the view of financial materiality used by other frameworks, including the ISSB.
Earlier this month, EFRAG attempted to clear the air around double materiality
by publishing...


Zachary Barlow
Aug 22 2023 #climate, #environment, #supply-chain

US EIA: FOSSIL FUEL PRODUCTION TO INCREASE IN 2023 AND 2024 …

Last year and even earlier this year, there were some predictions that 2022
would be the year of peak oil and use of fossil fuels would start a permanent
decline from 2023 forward. Earlier this month, the US Energy Information...


Lawrence Heim
Aug 22 2023 #climate, #environment, #supply-chain

… BUT CARBON EMISSIONS ARE GOING DOWN

While the previous blog about the EIA’s Short Term Energy Outlook fossil fuel
predictions doesn’t sound great, there is good news near the end of the report –
renewable energy and coal use reductions are having an effect: “We expect...


Lawrence Heim
Aug 22 2023 #climate, #environment, #esg, #investors, #supply-chain

AMAZON LOSES SUPPORT FROM KEY CLIMATE ORGANIZATION

This isn’t great news for Amazon, a company known for its efforts on
sustainability and ESG. Bloomberg reports that “The Science Based Targets
initiative, a United Nations-backed entity that validates net zero plans, has
removed Amazon from its list of companies taking action on climate...


Lawrence Heim
Aug 21 2023 #climate, #compliance, #environment, #esg, #supply-chain

NO SURPRISE: SEC CLIMATE RULE TO BE LITIGATED

SEC’s climate disclosure rule has not been finalized – nor is it even known when
that will happen (although rumors abound that the Commission will vote on the
rule sometime in the next couple months) – yet there is already...


Lawrence Heim
Aug 21 2023 #assurance, #compliance, #esg, #human-rights, #investors, #social,
#supply-chain

UYGHUR FORCED LABOR DISCLOSURE MANDATE REINTRODUCED TO HOUSE

The Uyghur Forced Labor Prevention Act (UFLPA) prevents US companies from
importing goods made with forced labor in the Xinjiang Uyghur Autonomous Region
of China. The UFLPA established a presumption that any goods originating from
the region were made with...


Zachary Barlow
Aug 21 2023 #diversity, #equity, #esg, #social

NEW PODCAST: THE CURRENT STATE OF CORPORATE DEI TRAINING

Our latest podcast is now live. We spend a few minutes with Miranda Williams,
who is an anti-racism educator, speaker, trainer, and workshop facilitator with
a wealth of experience leading and providing consulting services on global DEI
programs and initiatives. In...


Ngozi Okeh
Sep 19 2023 #assurance, #climate, #compliance, #diversity, #environment,
#equity, #esg, #human-rights, #investors, #social, #supply-chain

TODAY IS THE DAY! THE ANNUAL PRACTICALESG CONFERENCE BEGINS THIS MORNING

Couldn’t make it to Climate Week in NYC? Don’t despair – you can STILL register
for our day-long virtual ESG conference, themed “Finding Shelter in the ESG Bomb
Cyclone”. The conference, sponsored by Morrison Foerster, consists of nine
programs designed to...


Lawrence Heim
Sep 19 2023 #climate, #compliance, #environment, #esg

FLASHY APPLE SUSTAINABILITY AD CUTE BUT COULD BE TROUBLE

A new video ad touting Apple’s sustainability progress on the company’s website
is more of a short film than a traditional advertisement. The ad feels more like
a scene from The Good Place than sustainability marketing. The premise is
simple:...


Zachary Barlow


HOT TOPICS

“CALIFORNIA GOVERNOR TO SIGN CLIMATE DISCLOSURE BILLS REQUIRING THOUSANDS OF
COMPANIES TO REPORT” - ROPES & GRAY SEP 2023

“EXPOSING THE METHODOLOGICAL FAILURES OF REDD+ FORESTRY PROJECTS” - CARBON
MARKET WATCH SEP 2023

SB-261 GREENHOUSE GASES: CLIMATE-RELATED FINANCIAL RISK - CALIFORNIA LEGISLATURE
SEP 2023

ELECTRICITY SECTOR EMISSIONS IMPACTS OF THE INFLATION REDUCTION ACT - EPA SEP
2023

SB-253 CLIMATE CORPORATE DATA ACCOUNTABILITY ACT - CALIFORNIA LEGISLATURE SEP
2023

“CALIFORNIA SENATE BILL 253 PASSES LEGISLATURE, HEADS TO GOVERNOR’S DESK” –
PERSEFONI

“CSRD: TRANSITIONAL PROVISIONS” - ROPES & GRAY SEP 2023

“THE EU’S NEW ESG DISCLOSURE RULES COULD SPARK SECURITIES LITIGATION IN THE US”
– SKADDEN

“WILL THE SEC BEAT THE CLOCK ON THE GENSLER AGENDA?” - COOLEY SEP 2023

“NASDAQ PROPOSES TO AMEND LISTING RULES REGARDING WAIVERS OF CODE OF CONDUCT” -
COOLEY SEP 2023


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SOCIAL

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FEATURED GUIDEBOOK

Here are 10 practical tips on how ESG leaders/staff — who may be unfamiliar with
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FEATURED Q&A MEMBERS ONLY

PRIVATE EQUITY AND THE CSRD

I saw Meredith’s DealLawyers blog about private equity and the CSRD, and am
looking to better understand how that could apply to non-EU entities. The
checklist, which is helpful, says that the scope for the CSRD will be expanded
to cover non-EU companies if they meet both of the following criteria:
a. net turnover of more than €150 million in the EU at the consolidated level;
and
b. at least one subsidiary or branch generating a turnover of €40 million in the
EU.

I have three questions:
1. Does this only apply to “companies” or also entities like limited
partnerships, etc.
2. Is there anything stopping a company from creating more subsidiaries so that
none of them meet the “turnover” prong of the test?
3. Is “turnover” a similar concept to revenue?

09/15/2023, Question #18073

WHAT GHG EMISSION FACTORS TO USE?

We are unclear on which emission factors are best to use (generically) and why,
with associated pros and cons. For example:

 * Business Travel. EPA vs. DEFRA: DEFRA is much more inclusive and well
   rounded, resulting in higher CO2e (almost double). Should we take a
   conservative approach, going with higher estimates rather than lower? But as
   DEFRA is such a gross overstatement, would that threaten our credibility?
 * Purchased Goods and Services. EPA has subcategories for emissions factors
   based on spend, but there are other emission factors that could be used. How
   would a practitioner know which emission factor to apply?

Also, IPCC is over 20 years old. When and why should such EFs be used?

07/25/2023, Question #17162

CONFLICT MINERALS SMELTER LIST REPORTING

I heard that some companies may be starting to omit the annex/list of smelters
from their conflict minerals reports because of the risk that some of those
entities either are already or could be added to the UFLPA list from the dept of
homeland security. Three questions:

 1. Is that permitted under the conflict minerals rules?
 2. Obviously this doesn’t resolve potential UFLPA violations, but is there any
    downside to doing this?
 3. Has there been any commentary on UFLPA enforcement priorities?

07/6/2023, Question #16791


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