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

In April, I wrote about a collection of 23 state Attorneys General who wrote to Fitch, Moody’s, and S&P Global. Their letter chastised the credit ratings agencies for considering ESG factors in their financial ratings. The AGs felt that fossil fuel firms were unfairly downgraded in recent years. The letter closed with litigation threats and a list of interrogatories for the agencies. A group of state-level Democrats recently responded with their own letter arguing the opposite position:

“We are concerned that recent arguments regarding credit rating practices mischaracterize the role of ratings and would narrow risk analysis in ways inconsistent with sound credit practice and the needs of investors and issuers.

Credit ratings are intended to assess the ability to meet financial obligations over time. That responsibility necessarily requires consideration of forward-looking factors, including changing market conditions, policy environments, and long-term structural trends. Limiting analysis to fully realized developments would diminish the usefulness of ratings as indicators of emerging risk.”

Notably, the letter does not refer to “ESG” or “sustainability.” However, it does emphasize the importance of neutral evaluation of long-term financial risks. We’ll have to wait and see which arguments are most persuasive to credit ratings agencies. Anti-ESG is in power and is wielding it broadly. However, ignoring ESG-related risks in credit ratings could create substantial blind spots and systemic risks in the financial sector.

Our members can learn more about ESG in the financial sector here.

Interested in a membership with access to the complete range of benefits and resources? Sign up now and take advantage of our no-risk “100-Day Promise” – during the first 100 days as an activated member, you may cancel for any reason and receive a full refund. But it will probably pay for itself before then. Members also save hours of research and reading time each week by using our filtered and curated library of ESG/sustainability resources covering over 100 sustainability subject areas – updated daily with practical and credible information.

Practical Guidance for Companies, Curated for Clarity.

Back to all blogs

The Editor

Zachary Barlow is a licensed attorney. He earned his JD from the University of Mississippi and has a bachelor’s in Public Policy Leadership. He practiced law at a mid-size firm and handled a wide variety of cases. During this time he assisted in overseeing compliance of a public entity and litigated contract disputes, gaining experience both in and outside of the courtroom. Zachary currently assists the PracticalESG.com editorial team by providing research and creating content on a spectrum of ESG… View Profile