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SEC Likely to Investigate Supply Chain Due Diligence in Tariff Enforcement
Over on TheCorporateCounsel.net, John blogged about how the SEC can get involved in supply chain/country of origin claims by companies to avoid tariffs and Risk Factor disclosures in corporate 10-Ks: In a “D&O Diary” blog, Kevin LaCroix expands the discussion...

Making Sustainability Make Sense: Takeaways from Reuters Responsible Business 2025
This week, Lawrence and I attended Reuters Responsible Business 2025. We were pleased to meet many blog subscribers and members and enjoyed picking your brains and engaging in great discussions. There was a palpable shift in mood from previous conferences,...

Our Newest Partner – Impakt IQ
We’ve just added a new partner to our Partner Program – Impakt IQ. Impakt IQ is the first business intelligence platform purpose-built to quantify and manage the intangible drivers of business value. The software bridges sustainability, finance, and operations into...

SEC Withdraws Enhanced Disclosures Rule for ESG Practices
The federal government’s deregulatory environment is in full swing. In addition to the SEC’s now-defunct climate disclosures rule, other SEC actions are being rolled back under the current administration. The SEC’s 2022 “Enhanced Disclosures by Certain Investment Advisors and Investment...

Avoiding Greenwashing Through Effective Communication
Speaking of greenwashing … Greenwashing is a major source of ESG litigation risk. While common, greenwashing isn’t always intentional, and effective communication lies at the core of greenwashing prevention. A recent memo from Charles Russell Speechlys gives tips on how...

A Backwards Way to Find Operating Value of Sustainability
Most of us in the sustainability world approach our jobs from the perspective of sustainability. Well, duh… a batter doesn’t walk up to the batter’s box with the mindset of the groundskeeper. So while this makes sense, it can also...

ISSB Expands to Thirty-Six Jurisdictions
While we are experiencing an ESG slowdown here in the US, and the EU is facing sustainability “simplification,” the IFRS’s International Sustainability Standards Board (ISSB) is chalking up a lot of wins. The IFRS has recently published seventeen “jurisdictional profiles”...

Being Nice to AI Wastes Resources
This is kind of funny, but also an example of sometimes hidden implications of human behavior and sustainability (although I say that sustainability is a business problem needing a business solution). Not long ago, I read a LinkedIn post from...

Attending the State Bar of Texas Annual Meeting 2025?
[Ed. note: In observance of Juneteenth tomorrow, our offices will be closed and no blogs will be published. Blogs will return on our regular schedule Tuesday 24.] If you are in Texas and will be attending the 2025 Annual Meeting...

Tractor Supply Results Indicate DEI Isn’t Universally Material
There is a growing movement (perhaps maturity) in ESG/sustainability materiality circles that not everything is material to every company. Ashley Walter discussed this in our recent podcast, Matt Sekol frequently writes that carbon isn’t universally material, and Advisory Board member...

JPMorgan: Stock Price Impact of Sustainability Controversies “Enduring” but “Challenging to Discern”
JPMorgan published a new report “First Principles – Controversy Watch: A playbook to assess the financial impact of controversies” purporting to provide a “comprehensive investor guide to navigating controversies, leveraging JPM Quantitative Research, case studies and academic research to analyse...

BlackRock Unbanned in Texas, Still Faces Antitrust Litigation
Texas and BlackRock have locked horns in several battles over ESG. The investment firm was placed on a state “banned” list in 2022, preventing it from doing business with Texas public entities. Additionally, litigation filed by Texas last year alleges...

What’s Happening With Shareholder Proposals on ESG/Sustainability – Part 1
Here’s something interesting from Meredith’s Proxy Season blog about SEC determinations on requests to exclude shareholder proposals from company proxies. This HLS blog reports on the results of Mayer Brown’s review of SEC Staff responses to almost 280 no-action requests...

What’s Happening With Shareholder Proposals on ESG/Sustainability – Part 2
In my previous blog, I pulled from Meredith’s Proxy Season blog about SEC Staff no-action requests. Here, I continue on topic – borrowing from The Conference Board’s “Proxy Voting Weekly Digest:Week Ended May 30, 2025.” “As the 2025 proxy season...

New This Week on PracticalESG.com
This week’s notable additions to PracticalESG.com are below. Blog of the week: Big Companies Stop Publishing Sustainability/DEI Reports. Should You? We added 12 new CSRD reports, which can be viewed here. Hot Topics for the Week: “2025 Anti-DEI Proposals and...

Uyghur Forced Labor Prevention Act Enforcement Continues
With all the recent attention on tariffs, we might lose sight of the US Uyghur Forced Labor Prevention Act (UFLPA). Given the administration’s focus on China, the UFLPA isn’t likely to go anywhere. But there is an interesting twist. Here...

Old Operating Technologies Create Big Financial Wins for Sustainability
Usually, today’s sustainability news revolves around something new – AI, climate tech, new fuels, etc. It isn’t terribly often we see wins by using older/known solutions. A recent Yahoo Business article discussed plans by Arvind Limited, one of India’s largest...

Canada’s New Greenwashing Guidance Gives Clarity on Forward Looking Statements
We’ve been following changes to Canada’s competition law designed to crack down on greenwashing. The amendments, passed last summer, caused some companies to change their behaviors, though not always in the intended manner. Fearing steep penalties, some companies decided to...

New Study on ESG Investing: Same as Non-ESG Investing?
One of my favorite disruptors in the ESG/sustainability space is London Business School prof Alex Edmans. He tackles a lot of sustainability sacred goats and re-evaluates previous studies. He, Tom Gosling and Dirk Jenter revised their paper “Sustainable Investing in...

Big Companies Stop Publishing Sustainability/DEI Reports. Should You?
Speaking of saying less about sustainability… Bloomberg reported last week that “Nike joins a growing list of companies that includes JPMorgan Chase & Co., Constellation Brands Inc. and Akamai Technologies Inc. that are either canceling or delaying publication of their...

Youth Plaintiffs Challenge Federal Energy Policy
Our Children’s Trust, the climate legal advocacy group known for state-level wins in Hawaii and Montana, has set its sights on federal policy with a new lawsuit challenging recent Executive Orders (EOs) promoting fossil fuels production. The organization summarizes its...

EFTA Court Rules Countries Must Consider Downstream Impacts of Fossil Fuel Production
I wrote earlier this week about the US Supreme Court declining to require scope 3 analysis under NEPA. However, a European court recently made the opposite decision. The European Free Trade Association (EFTA) Court ruled that scope 3 emissions from...

New This Week on PracticalESG.com
This week’s notable additions to PracticalESG.com are below. Blogs of the week: Our most popular blogs this week are courtesy of The Conference Board – “From The Conference Board: ESG/DEI Risk Factor Disclosures More Important for 2025” and “More From...

More From The Conference Board: “80% of Companies Adjusting ESG Strategies”
Yesterday, I wrote about The Conference Board – today let’s look at a new study from them indicating that “80% of companies are adjusting their ESG strategies in response to the new administration.” Among the key findings: “Tariff turbulence is...

Federal Government Ends Defense of ERISA ESG Investing Rule
The Department of Labor (DOL) intends to end the defense of its ESG investing rule in pending litigation in the 5th circuit. The rule allowed ESG factors to be considered by ERISA fiduciaries when making investment decisions. However, that rule...

Supreme Court Limits NEPA Challenges, Allowing Agency Deference
The National Environmental Policy Act (NEPA) requires federal agencies to conduct environmental reviews and produce Environmental Impact Statements (EIS) on actions that significantly affect the environment. This often gives environmentalists legal avenues to challenge federal action. One such lawsuit was...

From The Conference Board: ESG/DEI Risk Factor Disclosures More Important for 2025
CNN Business reported last week “Companies are warning investors about the risks of becoming the next target of angry customers. Corporate America is required to disclose risks to their businesses in their annual regulatory filings. This year, Walmart, Target, Home...

Deutsche Bank CEO Message on Climate – Yes… No… Maybe?
Ambiguity in corporate sustainability/ESG goals and communications has long been a major bugaboo. With so much uncertainty in the space right now, the last thing anyone wants is a lack of clarity. Deutsche Bank (DB) didn’t seem to get that...

EU May Water Down CSRD Reporting for Some Wave 1 Companies
When the EU Commission released its Omnibus proposal and accompanying “Stop the Clock” directive, we noted that despite delays for wave 2 and wave 3 reporters, wave 1 companies were given no relief. This seemed odd because the Omnibus proposes...

Enforcement Delay of EU Battery Regulation Doesn’t Mean Pausing Work
PracticalESG partner Kumi recently discussed changes to the EU Battery Regulation (EUBR), providing perspectives to those working on compliance activities. Among the EUBR revisions is “a two-year delay to the enforcement date for due diligence, moving the compliance verification deadline...

New This Week on PracticalESG.com
This week’s notable additions to PracticalESG.com are below. New Podcast: CSRD: Lessons Learned from Wave 1 Reporting and Omnibus Outlook Blog of the week: Kristina Wyatt on SEC Rules and Disclosing Climate Information We added 20 new CSRD reports, which...

Forced Labor in Luxury: Dior Pays $2.3 Million for Supplier Worker Exploitation
CNN.com reported last week that fashion icon Dior “agreed a [sic] number of remedies to settle an Italian competition authority investigation into whether the luxury brand and two of its units misled consumers with their statements about working conditions at...

Are Supplier Audits a Liability in the World of New US Tariffs?
Speaking of supplier risks … I’ve written that the new world of US tariffs makes supply chain due diligence professionals more directly impactful, financially material and valuable than ever before. Companies are taking extraordinary efforts to mitigate financial impacts of...

New Podcast: Datamaran Research Finds Insights from CSRD Wave 1 Reporting
I recently sat down with Donato Calace, Senior Vice President of Innovation and Accounts at Datamaran, to discuss key findings from Datamaran’s new report: CSRD Reports Uncovered: Benchmarking the First Wave of 2025 Disclosures. The report’s findings are interesting and...

Verizon Gets Approval for $20B Frontier Deal After Ending DEI
At least for now, Verizon may have cashed in more than anyone in ending its DEI programs. According to The Business Times “The US Federal Communications Commission (FCC) on Friday (May 16) approved Verizon Communications’ US$20 billion deal to acquire...

One Company’s Failure Casts Shadow on Business Value of Sustainability
I’ve said it frequently – including in this post – if a company in the sustainability realm goes out of business, that failure adds to the lore that sustainability isn’t a viable business strategy. Such is the case in India...

Federal Government Joins Texas Lawsuit Against Asset Managers
We’ve been following litigation led by the Texas Attorney General alleging that BlackRock, State Street, and Vanguard violated antitrust laws when taking part in net-zero industry initiatives. In addition to the twelve states behind the litigation, the federal government has...
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Featured Q&A Members Only
Removing DEI from SEC 10-Ks
Are companies being advised to not discuss DEI in their 10-Ks due to the executive orders? If a company previously mentioned having a diversity policy and its diversity workforce statistics, is that going to create an issue to now remove them?
05/5/2025, Question #28369
CDP Disclosure Insight Action
We recently received a letter from CDP Disclosure Insight Action requesting that we disclose certain environmental information through their questionnaire. From what I can tell, this is not required and, as we currently disclose sustainability related information in many different places and to many different people, we’re not inclined to voluntarily add another to the list. However, I was curious what other companies who received this letter intend to do. Would appreciate your thoughts here.
04/15/2025, Question #27998
California SB 261 (climate risk reporting)
Is anyone aware of any guidance as to what specific parts/pillars of the TCFD reporting framework will be required to be disclosed in order to comply with SB 261 reporting? The metrics pillar of the TCFD reporting framework requires disclosure of Scopes 1 and 2 emissions and, if appropriate, Scope 3 emissions. It doesn’t really make sense that this information would be required to be included in the SB 261 report, since it is also required by SB 253 (duplicative), not to mention that SB 253 imposes a higher in scope requirement of $1B in revenue versus $500M in revenue for SB 261. Seems like if emission data was required to be included in the SB 261 reports, you would not need SB 253.
03/24/2025, Question #27636