Environmental and Social Corporate Governance

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Center for Policy Studies
Public Affairs Discussion Group
Environmental and Social Corporate Governance

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Victor B. Flatt, J.D. – Visiting Professor and Burke Environmental Law Center Distinguished Visiting Fellow, CWRU School of Law; Dwight Olds Chair in Law and Faculty Co-Director, Environment, Energy and Natural Resources (EENR) Center, University of Houston Law Center

Friday February 24, 2023
12:30-1:30 p.m.
Meeting Both In-Person and by Zoom
Dampeer Room, Second Floor of Kelvin Smith Library
*
Case Western Reserve University

Dear Colleagues:

When I googled “environmental and social governance” on January 29, the first hit was an ad from EY.com (formerly known as Ernst & Young), declaring that “ESG Reporting Has Accelerated.” The second was from PwC (sometimes known as Price Waterhouse Coopers), and the description declares that, “Environmental, Social and Corporate Governance isn’t just a Responsibility, it’s a Mindset and an Opportunity. Learn More About How You Can Create Value through ESG.”

Many of the next entries began with some version of, “What Is ESG?” Investopedia explained that:

“Environmental, social and governance (ESG) investing refers to a set of standards for a company’s behavior used by socially conscious investors to screen potential investments.”
“Environmental criteria consider how a company safeguards the environment, including corporate policies addressing climate change, for example. Social criteria examine how it manages relationships with employees, suppliers, customers, and the communities where it operates. Governance deals with a company’s leadership, executive pay, audits, internal controls, and shareholder rights.”

So hmm… I guess this might be a selling point, attracting some investors, so companies would like advice about how to do this. Why not? Well, it turns out to be pretty controversial, for when I searched for “ESG” the same day, the “top stories were”

“Black Rock steps up spending on U.S. lobbying in fact of anti-ESG attacks” – Financial Times.
“GOP-led states sue Biden administration to block ESG investment rule” – CNN.
“What’s Behind the ESG Investment Backlash” – Forbes
“Gen Zers rejecting jobs over ESG and climate credentials: KPMG survey” – Insider.

I have to admit that when I hear corporate America talking about doing good I tend to assume it’s mostly hype. But apparently some conservatives fear it is true. Could ESG be meaningful enough to explain fear?

I haven’t a clue but maybe Professor Flatt does. It is part of his work on private environmental governance – on which he teaches a course. There are corporate policies and pressures, the legal issues involving shareholders’ rights and privileges, political backlash and the roles of private external rating agencies. (never mind those consultants).

In-Person and Virtual Attendance

In order to make it easy for people to protect themselves and still participate, the meetings are accessible on Zoom. Participants can register for each meeting in the same way they did for the past two years. The link is posted below.

We now have new technology in the Dampeer Room that should make it easier for participants on Zoom to hear the discussion in the room and allow less worry about echoes within the room. It seemed to work pretty well for our first meeting of the year.

The discussion begins at 12:30 p.m., but the room should be open no later than Noon. We try to have beverages and refreshments set up soon after that. Participants should be able to sign on to Zoom also by Noon. But please remember not much will be happening online until the talk begins at 12:30 pm. Please also remember to show identification when entering Kelvin Smith Library.

Zoom participants should speak up when asked for questions or comments, or submit thoughts through Zoom’s chat function. Please keep yourself muted until you are choosing to speak.

Each week we will send out this newsletter with information about the topic. It will also include a link to register (for free) for the discussion. When you register, you will automatically receive from the Zoom system the link to join the meeting. If you do not get the newsletter, you should also be able to get the information each Monday by checking http://fridaylunch.case.edu/ Then if you choose you can use the contact form on that website to request the registration link.

This week’s Zoom link for registration is:

https://cwru.zoom.us/meeting/register/tJwof-2orzwoH9VqTsvpQd96iTpKtuttPYyE

After registering, you will receive a confirmation email containing information about joining the meeting.

Please e-mail padg@case.edu if you have questions about how the Zoom version of the Friday Lunch will work or any other suggestions. Or call at 216 368-2426 and we’ll try to get back to you. We are very pleased to be partnering this semester with the Siegal Lifelong Learning Program to share information about the discussions.

Best wishes for safety and security for you and yours,

Joe White
Luxenberg Family Professor of Public Policy and Director, Center for Policy Studies


About Our Guest

Victor B. Flatt, J.D. is a Visiting Professor and Burke Environmental Law Center Distinguished Visiting Fellow at the CWRU School of Law. He holds the Dwight Olds Chair in Law and is the Faculty Co-Director, Environment, Energy and Natural Resources (EENR) Center at the University of Houston Law Center.

Professor Flatt also serves as a Distinguished Scholar of Carbon Markets at the University of Houston’s Global Energy Management Institute. He was previously the inaugural O’Quinn Chair in Environmental Law at UHLC from 2002-2009. Professor Flatt’s teaching career began at the University of Washington’s Evans School of Public Affairs, and he has also taught at Georgia State University College of Law, and the University of North Carolina School of Law.

Professor Flatt is a recognized expert on environmental law, climate law, and energy law. His research focuses on environmental legislation and enforcement, with particular expertise in the Clean Air Act and NEPA. He is co-author of a popular environmental law casebook, and has authored more than 40 law review articles, which have appeared in journals such as the Notre Dame Law ReviewEcology Law QuarterlyWashington Law ReviewHouston Law Review and the Carolina Law Review. Six of his articles have been recognized as finalists or winner of the best environmental law review article of the year, and one was recognized by Vanderbilt University Law School and the Environmental Law Institute as one of the three best environmental articles of 2010, leading to a seminar and panel on the article in a Congressional staff briefing.

* Kelvin Smith Library requires all entrants to show identification when entering the building, unless they have a university i.d. that they can magnetically scan. We are sorry if that seems like a hassle, but it has been Library policy for a while in response to security concerns. Please do not complain to the library staff at the entrance, who are just doing their jobs.

Schedule of Friday Lunch Upcoming Topics and Speakers:

Note: We are still working to create the schedule for the semester. In addition to the programs listed below, a few others are nearly arranged. Please contact me at joseph.white@case.edu to suggest other topics – especially if you can suggest speakers!

March 3: A Psychedelic Renaissance? With Lee Hoffer, Ph.D., Associate Professor of Anthropology and Professor of Psychiatry.

March 10: Moore v. Harper and Merrill v. Milligan. With Atiba Ellis, J.D., Professor of Law.

March 17: Spring Break

March 24: TBD

March 31: The Electricity Grid of the Future: Challenges and Opportunities. With Kenneth A. Loparo, Ph.D., Arthur L. Parker Endowed Professor Emeritus, Department of Electrical, Computer, and Systems Engineering.

April 7: TBD

April 14: TBD

April 21: TBD

April 28: TBD

Visit the Public Affairs Discussion Group Web Site.

Center for Policy Studies | Mather House 111 | 11201 Euclid Avenue |
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