20 Jul, 2023 CFTC Holds Second Voluntary Carbon Markets Convening By Jacob H. Hupart Yesterday, on July 19, 2023, the CFTC held its second voluntary carbon markets convening, approximately a year following the initial...
19 Jul, 2023 House Financial Services Committee Criticizes ESG Regulations and Activism in Corporate America By Jacob H. Hupart Last week, the House Financial Services Committee held a hearing entitled "Protecting Investor Interests: Examining Environmental and...
23 Jun, 2023 SEC Commissioner Proposes Limits to Shareholder Proposals on Environmental and Social Issues By Jacob H. Hupart SEC Commissioner Uyeda, one of two Republican commissioners on the Securities & Exchange Commission, delivered remarks yesterday at the...
19 May, 2023 SEC Commissioner Peirce Continues to Criticize Proposed ESG Rules By Jacob H. Hupart Recently, SEC Commissioner Peirce--one of the Republican appointees to the Securities & Exchange Commission--delivered a speech to Eurofi...
16 Mar, 2023 SEC Commissioner Uyeda Suggests that ESG Disclosures Contribute to Decline in IPOs By Jacob H. Hupart In a recent lecture delivered at Columbia Law School/Business School at the "Going Public in the 2020s" conference, SEC Commissioner...
07 Nov, 2022 Senate Republicans Issue Warning to Law Firms About Potential Antitrust Implications of ESG Activities By Jacob H. Hupart Last Thursday, five Republican senators--Cotton (AR), Grassley (IA), Rubio (FL), Lee (UT), and Blackburn (TN)--sent an identical letter...
15 Sep, 2022 Louisiana and Indiana Attorneys-General Issue Guidance That Investment Firms Incorporating ESG Factors Violate Their Fiduciary Duty By Jacob H. Hupart Recently, both the Louisiana Attorney-General and the Indiana Attorney-General issued legal guidance that the consideration of ESG...
09 Aug, 2022 NY Times Reports on Coordinated Effort by Republican Officeholders to Penalize Companies' Efforts to Reduce GHG Emissions By Jacob H. Hupart The New York Times has reported that the State Financial Officers Association has "push[ed] Republican state treasurers, who are mostly...
29 Jul, 2022 West Virginia Penalizes Major Companies for Embracing ESG Principles By Jacob H. Hupart Yesterday, the state treasurer of West Virginia formally barred his state from conducting business with five major financial institutions...
01 Jul, 2022 Implications of West Virginia v. EPA on Proposed SEC Climate Rules By Jacob H. Hupart The Supreme Court, in West Virginia v. EPA, effectively limited the ability of the EPA to issue significant regulations designed to...
24 Jun, 2022 Republican SEC Commissioner Peirce Objects to SEC Regulatory Agenda By Jacob H. Hupart On June 22, 2022, in response to the SEC's release of its regulatory agenda , Republican SEC Commissioner Hester M. Peirce vigorously...
14 Jun, 2022 West Virginia Threatens Boycott of Major Financial Institutions Due to Alleged Bias Against Fossil Fuel Industry By Jacob H. Hupart The West Virginia State Treasurer, Wiley Moore--a Republican--recently threatened six major financial institutions with a boycott on...
13 Jun, 2022 CFTC Wades Into Climate Regulation By Jacob H. Hupart On June 2, 2022, the Commodities Futures Trading Commission (CFTC) issued a Request for Information ("RFI") for "public comment on...
08 Jun, 2022 French Regulator Calls For Regulation of Providers of ESG Ratings and Other Services By Jacob H. Hupart The AMF, the stock market regulator in France, recently reiterated its call for stricter regulation on a Europe-wide basis of the...
26 May, 2022 SEC Announces Disclosures and Rules Changes Intended to Combat "Greenwashing" By Jacob H. Hupart Today, the SEC issued two complementary press releases announcing certain proposed rules. First, the SEC announced "proposed amendments...
07 May, 2022 SEC Climate and ESG Task Force Issues First Enforcement Action By Jacob H. Hupart The SEC's Climate and ESG Task Force has now issued its first enforcement action. The SEC has brought a 76-page complaint in federal...