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TheCorporateCounsel

TheCorporateCounsel.net

A basis for research and practical guidance focusing on federal securities laws, compliance & corporate governance.

DealLawyers

DealLawyers.com

An educational service that provides practical guidance on legal issues involving public and private mergers & acquisitions, joint ventures, private equity – and much more.

CompensationStandards

CompensationStandards.com

The “one stop” resource for information about responsible executive compensation practices & disclosure.

Section16.net

Section16.net

Widely recognized as the premier online research platform providing practical guidance on issues involving Section 16 of the Securities Exchange Act of 1934 and all of its related rules.

PracticalESG

PracticalESG.com

Keeping you in-the-know on environmental, social and governance developments

Controversy surrounding voluntary carbon offsets is not news anymore. It hasn’t faded away – just the opposite; it is so commonplace, there is little value to covering it.  Bloomberg summed it up last week in their ESG Investing newsletter:

“Already tainted by widespread allegations of greenwashing, the arguments that carbon credits just aren’t a viable strategy for fighting global warming continue to pile up. The world’s top arbiter of corporate climate goals, the Science Based Targets initiative, described the instruments as mostly ‘ineffective’ in a new review – a report likely to reverberate all the more given the group’s recent brush with controversy. Meanwhile, a key industry oversight group announced credits representing one-third of the carbon offset market won’t merit its quality label.”

They were nice enough not to pile on by mentioning the UN’s position reported by Financial Times that “groups should not use carbon credits to offset emissions outside of state-regulated schemes.”

At this point, there is almost no need to talk about new offset project controversies. I would argue they are essentially expected now. But offsets remain an attractive climate management option especially considering their cost. What to do?

Sustainability leaders, staff and advisors:  Offsets were intended from the beginning to be one tool in the suite of climate management options. However, there are real risks to their use and those are becoming more public than ever. Executives are seeking direction on how to balance costs, commitments and climate. If used appropriately, offsets can still be a reasonable, viable and low cost solution. But to manage risks, you need to conduct – and possibly update – your own due diligence. Look at the past 12 months of carbon offset headlines and failures to inform or revise your due diligence approach. If you don’t keep up with the times (and controversies), your company could be in the headlines soon.

Our members can learn more about climate management and offsets here.

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The Editor

Lawrence Heim has been practicing in the field of ESG management for almost 40 years. He began his career as a legal assistant in the Environmental Practice of Vinson & Elkins working for a partner who is nationally recognized and an adjunct professor of environmental law at the University of Texas Law School. He moved into technical environmental consulting with ENSR Consulting & Engineering at the height of environmental regulatory development, working across a range of disciplines. He was one… View Profile