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
LDP Speaker Series: Value and Art of Networking [not-audio_url] [/not-audio_url]

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Past Section Chair Alexandra Dapolito Dunn discusses the value and art of networking, with many tips on how to create a memorable impression. Dunn is a former chair of our Section from 2012-2013, and currently serves as…
EPA Audit Policies and Voluntary Disclosure Process [not-audio_url] [/not-audio_url]

Duration: 24:23
The U.S. EPA developed it's voluntary disclosure program to provide additional incentives for regulated entities to identify and correct non-compliance. Andy Emerson of the ABA Section of Environment, Energy, and Resourc…
Spring Conference Preview: Endangered Species Act, Clean Power Plan [not-audio_url] [/not-audio_url]

Duration: 27:45
The ABA Section of Environment, Energy, and Resources hosts the 45th Annual Spring Conference on Environmental Law on March 30-April 1, 2016 in Austin, Texas. Co-hosts Sean Dixon and Maggie Peloso interview two featured…
LDP Series: Dealing with Difficult Personalities [not-audio_url] [/not-audio_url]

Duration: 25:07
The ABA Section of Environment, Energy, and Resources invites notable lawyers to talk to the Leadership Development Program participants about career development. This episode features Steve Miano, a shareholder with the…
LDP Series: Work-Life Balance [not-audio_url] [/not-audio_url]

Duration: 10:05
The ABA Section of Environment, Energy, and Resources invites notable lawyers to talk to the Leadership Development Program participants about career development. This episode features Margaret Peloso, a senior associate…
LDP Series: Professionalism in the Legal Profession [not-audio_url] [/not-audio_url]

Duration: 36:36
The ABA Section of Environment, Energy, and Resources invites notable lawyers to talk to the Leadership Development Program participants about career development. This episode features Roger Martella, former general coun…
US vs EU Chemical Regulation Podcast [not-audio_url] [/not-audio_url]

Duration: 12:01
Our panel gives a basic overview of the key areas of alignment and non-alignment between the European Union's and the United States's approach to chemical management by exploring the Registration, Evaluation, Authorizati…
Climate Change and the Clean Power Plan [not-audio_url] [/not-audio_url]

Duration: 16:17
Our panel briefly discusses current developments in Climate Change related to the Clean Air Act, the Clean Power Plan, and future developments prior to the 2015 Paris meetings on Global Climate Change. The discussion foc…