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Do ESG Mutual Funds Deliver on Their Promises?

Corporations have received growing criticism for their role in climate change, perpetuating racial and gender inequality, and other pressing social issues. In response, shareholders are increasingly focusing on environmental, social, and corporate governance (ESG) criteria in selecting investments, and asset managers are responding by offering a growing number of ESG mutual funds. But are these funds giving investors what they promise? This Article provides a unique picture of the current ESG environment with an eye to informing regulatory policy.

Analysis of Environmental Law Scholarship 2021-2022

The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute’s (ELI’s) Environmental Law Reporter in partnership with Vanderbilt University Law School. This Comment highlights the results of the ELPAR article selection process and reports on the environmental legal scholarship for the 2021-2022 academic year, including the number of environmental law articles published in general law reviews versus environmental law journals, and the topics covered in the articles.

88 FR 49495

United States v. HP Inc., No. 3:23-cv-1383 (D.P.R. July 26, 2023). Settling CERCLA defendants that released hazardous substances at Operable Unit 1 of the San German Groundwater site in San German, Puerto Rico, must design and implement the remedy selected by EPA for the unit and pay the United States’ future costs for overseeing the response work.

88 FR 48598

The federal agencies issued their semiannual regulatory agendas to update the public about regulations currently under development, reviews of existing regulations with small business impacts, and regulations completed or canceled since the last agenda. EPA’s agenda can be found at 88 FR 48598.

88 FR 47125

NMFS seeks stakeholder input to inform the operationalization of the national Equity and Environmental Justice Strategy in the Southeast region.

88 FR 47003

The Office of Natural Resources Revenue republished and revised certain subparts of its regulations to implement an order and judgment from the United States District Court for the District of Wyoming that vacated the federal and Indian coal valuation provisions of the 2016 Consolidated Federal Oil & Gas and Federal & Indian Coal Valuation Reform rule.

88 FR 46185

United States v. Boise Cascade Corp., No. 97-cv-1704 (TJM) (N.D.N.Y. July 12, 2023). A proposed second amendment to a consent decree includes an ability-to-pay-cash-out settlement with one of the settling CERCLA defendants in which it will pay $150,000 and be removed as a settling defendant responsible for future work and costs at the Sealand Superfund Restoration site in Lisbon, New York.

88 FR 46155

EPA announced a proposed administrative settlement agreement under CERCLA and RCRA concerning the Delphi 1 Anderson Site in Anderson, Indiana.

88 FR 45417

EPA announced the availability of and seeks comment on draft guidance to expand the availability of virucidal claims for antimicrobial pesticides and provide framework for registrants who seek to make such claims.

88 FR 45900

EPA entered into a proposed settlement agreement under the CWA and the APA in Gunpowder Riverkeeper v. Regan, No. 1:20-cv-02063 (D.D.C.), concerning allegations that the Agency's approval of Maryland’s submission of TMDLs of PCBs for the Gunpowder and Bird Rivers was arbitrary and capricious in violation of the APA.