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Regulation of ESG Investing is Still Necessary

Environmental, social, and governance (ESG) investing is a strategy for allocating investment funds on the basis of the extent to which the operations of a company, or a portfolio of companies, affect the environment, advance social justice, or follow good corporate governance practices. It is of intense and increasing interest to millions of investors who seek to minimize financial risks and maximize their financial returns. It also appeals to investors who seek to align their investments with their core personal values.

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 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 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.

88 FR 44852

The Mine Safety and Health Administration proposed to amend its existing regulations to better protect mine workers against occupational exposure to respirable crystalline silica, a carcinogenic hazard, and to improve respiratory protection for all airborne hazards.

88 FR 43309

NOAA revised its Consultation Handbook describing procedures for government-to-government consultation with federally recognized Indian tribes, and updated an associated NOAA Administrative Order (NAO 218-8) and the Indigenous Knowledge guidance.