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PracticalESG

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

Continuing on the DEI theme … Controversy surrounds the administration’s release of war plans (or “attack plans”) related to the recent Houthi attack, but plans for another attack by the administration haven’t garnered much attention. According to Bloomberg, US Federal Communications Commission chair Brendan Carr said in an interview earlier this month:

“’Any businesses that are looking for FCC approval, I would encourage them to get busy ending any sort of their invidious forms of DEI discrimination … We can only under the statute move forward and approve a transaction if we find that doing so serves the public interest. If there’s businesses out there that are still promoting invidious forms of DEI discrimination, I really don’t see a path forward where the FCC could reach the conclusion that approving the transaction is going to be in the public interest.’”

Carr is already moving on his anti-DEI agenda, having issued warning letters to both Verizon and Comcast about their DEI policies. He also plans to use anti-DEI activist Robby Starbuck as a whistleblower:

“If companies are telling us at the FCC, ‘We’ve ended this particular discriminatory program,’ and then [Starbuck has] a whistleblower that says, ‘Actually, they kept it and they just moved it down the hall or changed the name’ — I do think that relationship with Starbuck and his network is going to prove helpful.'”

This will no doubt be litigated at some point, but for now this will put immense new pressure on DEI programs/staff at companies under FCC’s jurisdiction/seeking regulatory approvals. With external activists potentially investigating implementation of company changes, more than using new words or terminology replace “DEI” will be needed.

Our members can learn more about a number of DEI issues, including Ethnicity & Race.

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Photo credit: Neal – stock.adobe.com

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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