SEC
A RELATIVELY NEW front in the culture wars is emanating from the realm of finance: the push to increase financial investments that take into account “environmental, social, and governance” considerations. What is known in the finance industry as ESG has grown considerably over the past decade. According to the Global Fossil Fuel Divestment Commitments Database, the amount of wealth divested from fossil fuels worldwide has grown from $52 billion in 2014 to more than $40 trillion last year. But the increased visibility and prominence of ESG investing has triggered a backlash, with at least seven GOP-controlled states enacting anti-ESG policies and 15 others introducing bills to disallow the application of ESG principles in state investments such as pensions.
The anti-ESG push is coming from the usual suspects. Texas is heavily involved, due to the prominence of the fossil fuel industry in the state’s economy. Right-wing groups such as the Heritage Foundation and the American Legislative Exchange Council have also been big promoters of model anti-ESG legislation. West Virginia Attorney General Patrick Morrisey has formed a coalition with more than 20 of his counterparts to challenge the Securities and Exchange Commission’s ability to implement a climate disclosure rule, a case that could end up at the Supreme Court and hobble the executive branch’s ability to interpret and act on congressional statutes. Apparently, many conservative activists and politicians are only champions of the “free market” when it advances their ideological agendas.
OMB Watch reports that the lame-duck Senate may move forward on a bill that could hamstring the SEC as it works to fight fraud and implement financial regulatory reform, tying up the agency in needless red tape and lawsuits:
A pending anti-regulatory bill that targets independent regulatory agencies would significantly curtail the Securities and Exchange Commission's (SEC) ability to protect investors from financial fraud and other economic hazards. The Independent Agency Regulatory Analysis Act of 2012 (S. 3468) would require independent agencies to conduct formal cost-benefit analyses for all significant rules and would allow the Office of Information and Regulatory Affairs (OIRA) to review those analyses. This would cause lengthy delays in implementing the financial oversight contained in the Dodd-Frank law. The Senate Committee on Homeland Security and Governmental Affairs (HSGAC), chaired by Sen. Joe Lieberman (I-CT), may mark up this bill during Congress’ upcoming lame-duck session, even though no hearings have been held on the bill.
The bill would also hamper the essential work of the FDIC, the Commodities Futures Trading Commission, and other government watchdog agencies.
Elizabeth Palmberg is an associate editor of Sojourners and tweets @ZabPalmberg.
Overall, the conflict minerals provision will have a positive effect on promoting peace and stability in Congo — but a slow one. The rule gives major companies a two-year window to implement the regulations,despite the fact that the slow release of the rule has already caused aninherent one-year delay.
Given today’s intense political climate, particularly regarding corporate responsibility and regulation standards, the release of this rule took over a year, making Wednesday’s vote a truly long-awaited and important day. The rule is a win for both American consumers and those seeking peace in Congo. However, it also appears to have been weakened to placate the U.S. Chamber of Commerce and the National Association of Manufacturers, who have both threatened lawsuits on behalf of big-business lobbies.
According to the SEC, both provisions drew in some of the most intense public pressure, accumulating hundreds of phone calls to their offices and thousands of petition signatures for the release of strong rules. Many of activists who understand their unique connection to the conflict in eastern Congo through consumer electronics products, have joined organizations like the Enough Project and faith communities, in raising their concern as consumers to pressure electronic companies and governments to clean up the supply chain of conflict minerals. It’s been a journey of advocating with Congolese civil society for a clean supply chain that benefits rather than destroys communities in eastern Congo.
Reuters reports:
"Senators are planning to introduce a bipartisan bill on Monday to give the country's securities regulator the authority to seek tougher fines for alleged Wall Street criminals.