TechREG Chronicle® – Sustainable Technology and the Environment: Regulatory Initiatives

Dear Readers,

“Environmental, Social and Governance” (“ESG”) is a broad term used for policies to promote social and environmental goals. While initially dismissed as a buzzword, such policies are increasingly being adopted or promoted by legislation, NGOs, and in binding commitments by private entities themselves. Due to their broad-ranging goals, such policies inevitably overlap with other regulatory priorities, including notably the application of antitrust rules. Private companies have long had to navigate the tension between their own economic incentives, legal requirements imposed by governments, and the expectations of their own consumers. Once seen as corporate window-dressing, ESG is now a potent addition to this mix. 

The scope for tension between ESG and antitrust rules is an obvious risk, particularly where cooperation between firms to achieve goals such as “net zero” carbon emissions may involve the sharing of sensitive information, coordination on targets, or more. In addition to these new risks, firms are increasingly subject to ESG reporting requirements under EU and U.S. SEC rules, among others. The contributions to this Chronicle address these and various other issues raised by ESG.

Focusing on the much vaunted goal to reach “Net Zero” climate goals, Justin Stewart-Teitelbaum, Martin McElwee, Sarah Jensen, Justin Chen & Donna Faye Imadi open with a discussion of different approaches to spur innovative technologies to achiev