In a Bloomberg Businessweek article, litigation & enforcement partner Rob Skinner discussed the post-election regulatory landscape for environmental, social and governance (ESG) investing.
The Trump administration is expected to try to block the Securities and Exchange Commission’s rules for companies disclosing their emissions. In other cases, new rules can create barriers to ESG. For example, Trump-appointed SEC leadership may clamp down on shareholder resolutions that focus on climate change and workforce diversity. The president-elect may also reverse a Department of Labor rule allowing pension funds to consider ESG factors when investing.
In addition, attorneys general in GOP-led states have launched probes of banks and fund managers. While those investigations are still underway, “what would have real teeth would be if the U.S. Department of Justice or the Federal Trade Commission believes there’s enough meat on the bones of the antitrust theories of Republican politicians to pursue antitrust investigations,” said Rob.
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