Author Series: ESG: Optimizing Governance and Disclosure Practices to Minimize Risks

Author Series: ESG: Optimizing Governance and Disclosure Practices to Minimize Risks

Author: ABA Section of Environment, Energy, and Resources August 12, 2024 Duration: 50:09

Heightened political and investor scrutiny; increasing regulations, lawsuits and government investigations; and numerous employee interests regarding a wide range of ESG issues — all of it amounts to considerable pressure on corporate boards and management to balance the implementation of ESG-related objectives while managing ESG-related risks.

As one example, the SEC's new Climate-Related Disclosure Rules (if they withstand pending legal challenges) will require disclosure about a registrant's climate-related goals that materially affect the registrant's business; meanwhile, companies setting such goals may find themselves the target of political attacks, lawsuits or government investigations. How can boards and management navigate these often diverging objectives while staying on course with their fiduciary duties?

Delving into the governance risks and opportunities covered in the new ABA book "Environmental, Social, Governance: The Professional's Guide to the Law and Practice of ESG", this podcast will explore governance aspects in the ever-evolving area of ESG, including the SEC's recent Climate-Related Disclosure Rules and the challenges created by overlapping and potentially conflicting disclosure regimes (e.g., in California and the EU) and other regulators' expectations (e.g., the banking agencies); balancing the often competing and impassioned ESG-related expectations of various stakeholders; the intersection between ESG and other emerging issues, like Artificial Intelligence; and best practices for incorporating ESG into a company's operations.

Get your copy of Environmental, Social, Governance: The Professional's Guide to the Law and Practice of ESG here: Environmental, Social, Governance: The Professional's Guide to the Law and Practice of ESG (americanbar.org)


Tune into Environmental Law Explored: A Podcast SEERies for a direct line to the minds shaping our world's environmental, energy, and resource policies. Produced by the ABA Section of Environment, Energy, and Resources, this series features candid conversations with leading practitioners who are navigating the complex intersection of law, policy, and science. You'll hear them unpack not just the latest regulatory shifts and courtroom battles, but also the historical context that brought us here and the practical realities of building a career in this dynamic field. Each episode goes beyond dry legal analysis to explore the human stories and professional insights behind the headlines. Whether you're a seasoned attorney, a law student, or simply someone keenly interested in how environmental governance works, this podcast offers an accessible yet deeply informed perspective. The discussions are grounded in real-world experience, providing listeners with a nuanced understanding of how laws are interpreted, challenged, and implemented. Remember, the views expressed belong solely to the speakers. For anyone looking to grasp the forces that dictate our relationship with the planet, this is an essential listen.
Author: Language: English Episodes: 79

Environmental Law Explored: A Podcast SEERies
Podcast Episodes
What We Talk About When We Talk About Forest Law [not-audio_url] [/not-audio_url]

Duration: 50:07
We are pleased to be joined by Professor John Leshy, author of Our Common Ground and the preeminent scholar on the history of America's public lands. Public land management is the cornerstone of forest law in the United…
Emerging Contaminants: Supply Chain [not-audio_url] [/not-audio_url]

Duration: 39:35
Emerging contaminants are by their nature neither fully regulated nor fully understood. In this final episode of the Emerging Contaminants series Juge Gregg (Crowell & Moring), Sal Giolando (Geosyntec Consultants, Inc.),…
Emerging Contaminants: Non-Tailpipe Vehicle Emissions [not-audio_url] [/not-audio_url]

Duration: 46:44
While we all notice the emissions exiting our vehicle's tailpipes, the emissions from brake dust and tire wear are often overlooked. Scientists are now turning their attention to these lesser-known pollutants, which are…
Emerging Contaminants: Ethylene Oxide [not-audio_url] [/not-audio_url]

Duration: 30:08
In the second installment of our Emerging Contaminants series, we turn our attention to ethylene oxide, a chemical critical to the sterilization of medical and protective equipment yet increasingly scrutinized for its po…
The ESG Era: Progress, Pushback, and the Path Ahead [not-audio_url] [/not-audio_url]

Duration: 19:06
In 2024, key legal and regulatory shifts transformed the ESG landscape across the U.S., Canada, U.K., and EU. In the U.S., the SEC adopted—and later stopped defending—climate disclosure rules, while the Department of Lab…
Emerging Contaminants: Microplastics [not-audio_url] [/not-audio_url]

Duration: 42:35
In the debut episode of our Emerging Contaminants series, we examine the widespread presence of microplastics in our environment, including in human and animal bodies and throughout our food systems. Because microplastic…
The Wildfire Crisis and Community Resilience [not-audio_url] [/not-audio_url]

Duration: 28:30
In the wake of the Los Angeles fires and amid a growing wildfire crisis, Doug Green, manager of Headwaters Economics' Community Planning Assistance for Wildfire (CPAW) program, joins Andrew Kihn, programming vice chair o…