The DOL proposes rules that would curb proxy voting by plan fiduciaries on shareholder proposals.

By Paul A. Davies, Paul M. Dudek, Ryan J. Maierson, and Kristina S. Wyatt

Continued DOL Antipathy Toward ESG

On August 31, 2020, the US Department of Labor (DOL) issued proposed rules that could induce Employee Retirement Income Security Act (ERISA) plan fiduciaries to either abstain from voting on shareholder proposals related to environmental, social, and governance (ESG) matters or establish policies that would have plans default to voting in favor of management’s recommendations. This latest development comes on the heels of DOL actions designed to limit fiduciaries’ consideration of ESG factors in their investment decisions, as discussed in this blog post.

The sustainable finance classification system entered into force on 12 July 2020, providing a framework for other green initiatives.

By Paul A. Davies and Michael D. Green

On 12 July 2020, the EU’s regulation on the establishment of a framework to facilitate sustainable investment (the Taxonomy Regulation) entered into force, after several years of planning and deliberation. The EU Commission (the Commission) initially proposed an action plan on financing sustainable growth in March 2018. Action 1 of the plan called for the establishment of an EU classification system for sustainable activities (the Taxonomy). Subsequently, in May 2018, the Commission proposed the Taxonomy Regulation, as reported on in a previous blog post.