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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

I’m preaching to the choir, but companies are investing a tremendous bit of time, effort and cost into gather emissions data to report and track it.  Sometimes – such as in the case of new California laws and certainty the EU CSRD – this is mandatory. But what happens if you miss the emissions reduction targets/goals that your company establishes?

Well… maybe not much according to a new study Limited accountability and awareness of corporate emissions target outcomes published in Nature.

“Overall, our paper finds limited accountability over emissions reduction targets that ended in 2020 for firms. Target outcomes are not readily available, with a third of the targets disappearing without disclosing target outcomes. There is a lack of transparency and media coverage about target outcomes. Failing targets is not associated with negative consequences, while announcing targets provides firms with benefits.”

But not so fast. The paper has shortcomings as the authors disclose:

“First, we acknowledge that firms self-select to have 2020 targets… our main analysis only contains firms with 2020 targets, and we focus on comparing failed and disappeared firms against those that achieved their targets. Second, we rely on CDP data, which, despite being the most comprehensive data source for 2020 emissions targets, are based on the self-reported target and progress of a firm… Third, we acknowledge that the 2020 targets may be impacted by COVID-19. This raises concern about whether external shocks in 2030 and 2050 can serve as a reasonable excuse for firms failing or going dark on their targets, particularly as climate change is expected to increase the frequency of natural disasters.”

From my point of view, I don’t think looking at 2020 results is a reliable apples-to-apples comparison (or even reasonable proxy) for 2025. 2020 is ancient times in the context of modern sustainability/ESG – predating international regulatory mandates and widespread adoption of climate metrics in executive compensation plans.

It’s just better to be upfront and honest about missed emissions reduction targets/goals.

Members can learn more about climate management and disclosure 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