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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

This weekend, reports flooded in about documents leaked from the European Commission about the Omnibus changes to the CSRD, CSDDD and CBAM. Analyses of the leaked documents inundated my inbox and LinkedIn. But I have a different perspective.


They may not matter, so don’t put much effort into worrying or analyzing these yet.


Here is why I say that:

  • The documents and positions reflected therein are not final and are likely to change.
  • A new (conservative) German government was elected this weekend, adding a new dynamic.
  • Recent changes in US-EU relations stirred a new EU-first sentiment, which may be a potential wildcard.
  • It could be a red herring. Governments frequently leak documents to gauge opinions and reactions, which are used as input in crafting official final policy.

I realize everyone wants to get the scoop, gain a time advantage, begin working as quickly as possible, etc. However, in this case, I don’t believe there is enough certainty in the matter to rely on it. Besides, there should only be one more day of waiting before the official version of the proposal is presented.  We can probably wait another day.

Members can learn more about CSRD and disclosing ESG generally 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