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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

No doubt, there’s never been a crazier time to be in sustainability/ESG/CSR. The turmoil and rate of change are unprecedented. And it’s a global phenomenon. This isn’t necessarily great news for ESG/sustainability professionals who must keep track of regulatory/policy changes (reversals and reversals of reversals) while dealing with the AI onslaught and fighting anti-ESG attacks from governments, lawsuits, customers and management. At a minimum.

Articles and surveys indicate that top organizations remain committed to sustainability/ESG/CSR, but that is up against an increasingly harsh business environment: inflation, interest rates, tariffs, supply chain disruptions, and other business pressures weigh heavily on the minds of those working in the space. Practitioners are scrambling to prove their value –  a distinct theme from GreenBiz25 noted by Joel Makower and Advisory Board member Donato Calace last month.

Demonstrating the positives of sustainability programs is important and the typical path. That is certainly important, but …


Here’s a different approach inspired by John Lennon – imagine there’s no program.


It’s easy if you try… Take an inventory of your activities and tasks, along with the reason for doing them, such as:

  • data collection and validation for reports to investors, customers and regulators
  • supply chain due diligence for customer/contractual mandates
  • impact evaluations to support SEC 10-K risk factor disclosures
  • reviewing operations for energy efficiencies and waste reduction opportunities
  • support new product development to meet changing customer needs/new markets
  • assisting with employee programs as an element of attracting and retaining talent

You may say I’m a dreamer… With this list in hand, what would happen if these tasks/activities were not done? What are the downsides, such as

  • risks/liability for inaccurate, incomplete or erroneous reports to investors, customers and regulators
  • gaps in supplier due diligence
  • missed opportunities in operational efficiencies and cost savings
  • failure to innovate and meet customer key buying criteria
  • costs of replacing employees and missing out on new top talent

Be realistic and stay inside the parameters of your company’s general risk assessment/management/valuation guardrails. You should be able to develop a compelling story about the importance of your work and the dangers of cutting them.

Members can read more about the business value of ESG/sustainability 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