Commentators who advocate either for or against corporate and asset managers addressing climate risks often refer to “fiduciary duty” as justification for their claims. Yet no field of corporate or asset management actually imposes one standalone fiduciary duty. Nor do any two business-law fields impose the same fiduciary regime. […]
Cynthia Hanawalt
29 posts
For a second time, the Securities and Exchange Commission (SEC) has passed the buck on its landmark climate disclosure rule, entitled The Enhancement and Standardization of Climate-Related Disclosures for Investors. The rule, finalized just last year, remains in legal limbo, as neither the SEC nor the courts seem eager to […]
Under new leadership appointed by the Trump administration, federal agencies have weakened key regulations meant to protect the economy from the financial harms of climate change. Some of the targeted regulations seek to manage climate risk; others constrain corporate actions or investment strategies on a range of environmental, social, or […]
As the physical and economic harms of climate change accumulate, corporate managers have faced increasing pressure to reduce their companies’ greenhouse gas emissions and adapt their businesses to climate-related risks. In parallel, civil society organizations and activist investors have increasingly sought to compel private sector action on climate change, while […]
What will happen to the SEC’s March 2024 climate disclosure rule under the new federal administration? A paper published by Columbia University’s Sabin Center for Climate Change Law and the Columbia Center on Sustainable Investment (CCSI) seeks to contribute to the upcoming debates on this question. In their joint report, […]
The Republican-led “anti-ESG” (environmental, social, governance) movement over the last two years has largely been a legislative effort, comprised primarily of state-level bills that attempt to halt the consideration of climate risk and other commonplace factors in investment decisions connected with government funds, contracts, and pensions. Hundreds of these proposals […]
Though it has been largely ignored by the healthcare industry thus far, and unmentioned by Department of Health and Human Services (HHS), the Securities and Exchange Commission’s (SEC) climate disclosure rule may prove to be one of the most consequential healthcare regulations in US history. Healthcare investors are particularly interested […]
Today, the Sabin Center for Climate Change Law and the Columbia Center on Sustainable Investment jointly published a new report: Recommendations to Update the FTC and DOJ’s Guidelines for Collaboration Among Competitors. The guidelines help firms understand the antitrust principles and boundaries of any collaborations they may undertake with other […]