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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

In business mythology, ESG/sustainability is a discretionary endeavor primarily for large companies that can afford to spend money on something with little, no or soft-dollar returns. In today’s world, that myth has been busted due to changes in regulatory mandates, more disciplined efforts at identifying and responding to customer key buying criteria and investor pressure. Even so, middle market companies lag in making the most out of ESG/sustainability according to The RSM Middle Market Sustainability Survey 2024: US and Canada. While the final report won’t be available until next month, the company has released a few findings but these two stood out to me:

  • Not looking for the ROI: “When asked what considerations motivated their organization to embrace sustainability initiatives, the most popular survey responses were reducing environmental impact (38%), complying with government or regulatory requirements (35%) and being consistent with the organization’s commitment to sustainability (32%). Following those top three, 31% said supporting their local community or communities was a motivating factor, and 31% also said that supporting sustainability initiatives was the right thing to do as an organization.

Twenty-eight percent of respondents said attracting or retaining customers or clients was a consideration that motivated the organization to embrace sustainability. A notable divergence between the two countries emerged on this issue: U.S. respondents were significantly more likely (32%) to cite business retention as a consideration compared to Canadian respondents (18%).”

  • The waiting game: “As we await final rulings on some sustainability regulations, it’s unsurprising that 84% of respondents agree they are monitoring developments before acting on them. Additionally, 56% agree their organization is waiting until after the U.S. presidential election before taking further action in this area.”

The survey targeted organizations with an annual revenue of $40 million to $10 billion. These companies are leaving money, cost savings and risk reduction opportunities on the table by limiting their view of ESG/sustainability to compliance. Moreover, playing the compliance waiting game based on US election results is myopic because many US companies are snared in the EU CSRD net if they have a subsidiary or branch in the EU that is either:

  • A subsidiary with more than 250 employees, or €40 million in net turnover, or €20 million in total assets; or
  • A branch EU with net turnover exceeding €40 million.

The longer middle market companies wait, the more business benefits and market position they lose and the harder it will be to achieve compliance by regulatory deadlines.

Members can learn more about showing ESG business value 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