Rise of the Shadow ESG Regulators: Investment Advisers, Sustainability
Copyright © 2019 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120. [D]isclosure has become the most important method to reg- Rise of the Shadow ulate corporate managers. —Robert B. Thompson & Hillary A. Sale1 ESG Regulators: [B]y and large, companies continue to take a minimally compliant approach to sustainability disclosure. Investment —Sustainability Accounting Standards Board2 Advisers, ecause federal securities law is grounded in the principle of disclosure, one could deduce from the Sustainability quotes above that the sustainability practices of Bbusiness might be better regulated if companies reported about them with greater care. Such strengthening would Accounting, and yield important benefits both for environmental protection and the global cause of human rights.3 Corporate social responsibility (CSR)4 acquires even more salience in light of Their Effects on the perceived rollback of human rights protections around the world,5 setbacks to the environmental movement such Corporate Social as the United States’ rejection of the Paris Agreement on climate,6 and the weakening of U.S. Environmental Pro- tection Agency (EPA) regulations domestically.7 CSR is Responsibility growing in importance, both in terms of public awareness8 Authors’ Note: We’d like to thank commenters on earlier versions by Paul Rissman and Diana Kearney of the Article: Donna Conforti, Kenneth Gerstein, Jonas Kron, Sanford Lewis, Mark McDivitt, Edwin Rekosh, and Max, Gabe, Paul Rissman is Co-Founder of Rights CoLab, where he and Zach Rissman. researches financial tools for advancing environmental 1. Robert B. Thompson & Hillary A. Sale,Securities Fraud as Corporate Gover- and human rights.
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