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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Lawsuit Challenges SEC's Restrictive Shareholder Proposal Rules

In September 2020, the SEC under Chairman Jay Clayton issued amendments to Rule 14a-8 that substantially restrict shareholders’ access to the corporate proxy statement. The Clayton SEC’s actions came in the context of years of lobbying by major trade associations like the Business Roundtable, the U.S. Chamber of Commerce, and the National Association of Manufacturers to limit shareholders’ ability to effectively engage with the companies they own on critical environmental, social, and governance issues.

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