CCRcorp Sites  

The CCRcorp Network unlocks access to a world of insights, research, guides and information in a range of specialty areas.

Our Sites

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

I chose to wait a couple days after the new administration’s Day One actions to write this. The dust needed to settle a bit, along with initial reactions of panic and fear by ESG/sustainability professionals. Although I tend not to put faith in predictions of any sort (especially college football games), here is one I’m comfortable making: ESG/sustainability isn’t going away – but it will change.

Consider this:

  • even absent federal regulations, companies still face sustainability-related legal obligations in contract terms, PO conditions, debt covenants, insurance policy terms, financing obligations, commitments to shareholders, supplier codes of conduct, carbon offset projects/obligations, etc
  • state and EU mandates on sustainability matters still exist
  • sustainability-related legal risks are more developed now than in the past, creating new paths for liability and lawsuits
  • ESG ratings still exist and are used in a number of ways
  • sustainability-related shareholder activism will continue which companies will have to address
  • more companies link their sustainability programs to credible business fundamentals rather than specious claims of stock value
  • companies that made capital investments in sustainability initiatives are unlikely to abandon those until the investments are recouped
  • it survived near total self-destruction by sustainability professionals in the 1990s
  • it survived the President’s first term in office

This may be uncomfortable to hear, but we should actually welcome the coming evolution. Why? Because it pushes us to focus more than ever on business value – eliminating unnecessary distinctions between sustainability/ESG value and business fundamentals.


Sure, there may be fewer mentions of “ESG”, “sustainability”, “corporate social responsibility” and related terms in corporate communications and financial disclosures. But that isn’t inherently negative. Back in 2018, I wrote a book called “Killing Sustainability” that I also updated in 2022. In the Introduction, I said this:

“From the book’s title, anyone would be justified in thinking that I am against corporate sustainability, social responsibility, environmental, health and safety initiatives. The reality is exactly the opposite: I don’t want to end sustainability at all – I want it to grow and thrive as part of the global economic engine. But change is necessary from current thinking… What does it mean to kill sustainability? It means to take a hard look at the past thinking on sustainability/corporate social responsibility and kill the behaviors that create unnecessary obstacles to achieving goals.”

We may be able to “kill sustainability” but it won’t be dead.  I hope you are with me – ready to navigate this time of uncertainty balanced by optimism.

Members can learn more about finding and communicating the business value of sustainability here.

If you aren’t already subscribed to our complimentary ESG blog, sign up here for daily updates delivered right to you.

Back to all blogs

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