Harvard Law summarizes the last year of state-level ESG engagement (2023)

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March 19, 2023

The Harvard Law School Forum on Corporate Governance published a summary article on March 11 detailing the rise in state-level support for and opposition against ESG over the last year:

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When it comes to ESG in the United States, among the most dramatic developments is an ideological battle unfolding at the state level, pitting liberal-leaning state governments that have embraced ESG-focused investing against conservative-led states that would seek to exclude it. …

[O] the past year, the picture has shifted. States have stepped up their lawmaking, defining the future of the ESG-related regulatory environment with widely divergent approaches.

These measures focus primarily on the investment of state-level public retirement system assets. New varietals of these and other ESG-focused laws are becoming regular events. Individually and collectively, the developments are further fracturing an already complicated landscape for financial services companies, including private investment managers that invest money on behalf of state pensions. Meanwhile multistate initiatives are taking aim at individual asset managers, banks and proxy advisory services perceived to be driving ESG growth. In at least one state, banks are fighting back.

Much attention has focused on so-called “anti-ESG measures”—those prohibiting the consideration of ESG factors when investing state retirement funds or targeting companies that “boycott” industries such as fossil fuel or firearms companies—and the organizations behind them. A smaller but significant number of “pro-ESG” measures seek different outcomes and are gaining traction. Other measures perhaps best described as “ESG-neutral” have led to or appear to be leading to pro- or anti-ESG legislative outcomes. …

More extreme measures on both sides, anti- and pro-ESG, have prompted some observers to sound the alarm that the United States may be straying from the fundamental purpose of ESG factors—as a valuation metric to gauge corporate success.

Whether, how long and to what extent the shift in ESG regulatory power remains with the states is yet to be seen. For now, in the United States, the term “ESG” is remarkable in its political divide.[1]

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Footnotes

  1. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.