ESG MONTH OVER...OR IS IT — House Republicans wrapped up their self-declared "ESG month" on Thursday by advancing a slate of bills aimed at discouraging investment based on environmental, social and governance principles, Jasper Goodman and Eleanor Muller report. Over the course of six hearings this month, lawmakers on the Financial Services Committee mostly stayed away from bashing big business, as presidential candidates Vivek Ramaswamy and Florida Gov. Ron DeSantis have made hay doing. Rather, they targeted federal agencies, as in a bill by Rep. Bill Huizenga (R-Mich.) that would limit the type of disclosures the Securities and Exchange Commission can compel and one by Rep. Ralph Norman (R-S.C.) to limit the SEC’s ability to regulate shareholder proposals. The committee also sent to the full House a bill by Rep. Bryan Steil (R-Wis.) that would reform the proxy voting process and one by Rep. Barry Loudermilk (R-Ga.) that would increase Congressional oversight of banking regulators and eliminate the Vice Chair for Supervision designation for a member of the Federal Reserve Board. What was the point of the exercise? To whittle away at companies' willingness to come out for progressive causes, says one ESG expert. "Will any laws change? I think the answer to that is pretty clearly no," said Josh Lichtenstein, a Ropes & Gray attorney who specializes in ESG issues. "But...together with what's happening in the states, it starts to create a sense that should companies be considering whether to engage in these matters or not, there could be potential backlash or be hauled in front of committees like this." Sixteen states have passed anti-ESG bills this year alone, out of some 165 bills introduced. While GOP interest in the topic hasn't waned, pushback from local business groups and state pension fund officials led some states to water down or kill some of their more heavy-handed efforts. "I increasingly think about what's going on in the House and the states as one movement," Lichtenstein said. "When you look at it from that perspective, what's happening in the House can help to set priorities for the states. I think there is a feedback loop even if the House doesn't really have the ability to pass legislation." The beatings are likely to continue until morale improves. House Financial Services Chair Patrick McHenry (R-N.C.) told Jasper on Wednesday that this month’s hearings were “an opening act.”
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