Cynthia Hanawalt

19 posts
Cynthia Hanawalt is the Director of Climate Finance and Regulation at the Sabin Center for Climate Change Law.

The Fiduciary Duty of Directors to Manage Climate Risk: An expansion of corporate liability through litigation?

On  February 9, 2023, ClientEarth filed a derivative action against the Board of Directors of Shell at the High Court of Justice in England and Wales (ClientEarth v. Shell’s Board of Directors). The lawsuit alleges that the Board has failed to manage material and foreseeable climate risks, therefore breaching UK […]

DOL Rule Clarifies that ESG Analysis is Consistent with Fiduciary Duty. Will it Preempt State Anti-ESG Laws?

  The federal Department of Labor (“DOL”) issued a final rule on Tuesday, November 22, allowing plan fiduciaries to consider climate change and other environmental, social and governance (“ESG”) characteristics when they choose investments and exercise shareholder rights, reversing a Trump-era rule that sought to constrain this type of risk […]

Are Collective Net Zero Targets Anticompetitive?

  Over 150 business climate collaborations have arisen in recent years as the private sector has begun to grapple with its role in combatting climate change. The functions of these associations range from establishing shared net zero targets to developing frameworks for carbon accounting. As these groups have proliferated, they […]