What the SEC's Mandatory Climate Disclosure Proposal Means for Investors and Market Protection

The adage “you can’t manage what you don’t measure” is a sound argument for measuring and assessing climate risks, which cost the world over $313 billion in 2022 alone. Investors have expressed their resounding support, including more than 600 investors who signed the 2022 Global Investor Statement urging governments to address climate risks through mandatory disclosure.

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2023 Update on SEC Shareholder Proposal Rules and Guidelines

Recent efforts of the Securities and Exchange Commission (SEC) Staff to create a more objective and efficient process for handling shareholder proposals have borne fruit in 2023, resulting in a 30 percent reduction in company-filed challenges to shareholder proposals.  Clearer guidelines from the Staff have made it possible for shareholders to draft more defensible proposals.

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ESG Data Helps Assess Value, Potential Returns and Manage Investment Risk

Institutional investors have been paying attention to environmental, social and governance risk factors long before it was “ESG.” Without fanfare or agenda, these long-term investors took notice of weak governance practices that led to corruption, friction with workforces that led to strikes and factories that spewed toxins into rivers leading to lawsuits from those who lived downstream.

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Republican Efforts to Limit ESG Investing are Anti-Capitalist

There is a cohort of elected officials in the United States presently engaged in an anti-capitalist crusade against free-market principles. No, they are not socialists. They are congressional Republicans, and they are attempting to prevent financial institutions from allocating capital in accordance with investor preferences and risk management principles. This attempted crackdown is purely ideological in nature — it is an exercise in political pressure to force a gross government overreach into U.S. capital markets.

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Majority Votes on Deforestation Put Pressure on Industry Laggards

Shareholder concern about deforestation speaks for itself. Four majority votes on Green Century proposals in the last three years – Bunge, 99 percent; Bloomin’ Brands, 76 percent; Procter & Gamble, 67.6 percent; and Home Depot, 64.6 percent – build upon dozens of no-deforestation agreements that shareholders have won and have helped curb climate change and preserve endangered species around the world.

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Petrochemical Companies' Unsustainable Production Policies Drive Plastic Pollution Crisis

Following strong votes last year, As You Sow is expanding engagement on plastics and petrochemicals for 2023. The plastic pollution crisis continues unabated, with 139 million tons of single-use plastic waste created in 2021, six million more tons than in 2019, according to a recent report by Minderoo Foundation. Optimism is rising for a global treaty on plastics within the next two years that could include potential curbs on plastic production after initial treaty negotiations in December 2022 in Uruguay.

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Misalignment Between Company Reproductive Health Policies And Influence Spending

Reproductive rights are on the line this year as the U.S. Supreme Court considers a direct challenge to Roe v. Wade, the landmark decision protecting the right to access abortion without excessive government restriction. Should Roe be overturned or gravely weakened, as is widely anticipated, as many as 26 states are poised to ban abortion completely within their borders.

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A Model Code for Companies to Govern Their Political Spending

As the 2022 proxy season unfolds, there’s good news and concerning news about companies and their political spending. Which wins out – greater control over political spending or a return to “business as usual” – will affect how companies fare as shareholders pay even closer attention to what they do with their political money and how it aligns with their values and positions.

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Data Transparency Key to Improving Diversity, Equity and Inclusion in the Workplace

As the great resignation rages on and businesses struggle to retain top talent, shareholders argue that more transparency about diversity and inclusion data will help companies drive need advancements in social and racial equity. Some 65 shareholder proposals this year seek information on decent work, and another four dozen ask for workforce diversity data.

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New Universal Proxy Rule Will Democratize Director Elections

In November 2021, the SEC adopted final rules that will require parties in a contested corporate director election to use universal proxy cards for shareholder meetings held after August 31, 2022. Under the new rules, both the company and any shareholder seeking to elect a slate of director candidates at a shareholder meeting will be required to use proxy cards that include the names of all director nominees presented for election at the meeting.

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