McGuireWoods Consulting Analyzes Shifts in ESG Policy Post-Election

November 12, 2024

In a recent briefing, McGuireWoods Consulting experts provided insights into the evolving landscape of Environmental, Social, and Governance (ESG) policies following the latest elections. The discussion featured contributions from Scott Binkley, vice president of federal public affairs; Clayton Cox, vice president of federal public affairs and state government relations; and Kate Zaykowski, senior vice president of strategic communications.

Federal ESG Policy Outlook

Scott Binkley highlighted the anticipated de-emphasis on ESG initiatives at the federal level, with the incoming administration expected to roll back several environmental regulations established during the previous term. He noted that components of the Inflation Reduction Act, such as electric vehicle incentives, are likely targets for repeal. Additionally, Binkley mentioned that the Securities and Exchange Commission’s (SEC) proposed climate disclosure requirements may face indefinite delays under the new leadership.

State-Level Responses

Clayton Cox discussed potential countermeasures by Democratic-led states in response to federal policy shifts. He emphasized that states like California and New Mexico may intensify their ESG efforts, enacting stricter regulations on environmental and social issues to counterbalance federal rollbacks. Cox also pointed out that these states might focus on codifying existing ESG standards to safeguard against federal changes.

Emergence of DEI as a Legislative Focus

Kate Zaykowski addressed how the shift to a Republican administration may lead Republican-led states to lean on the federal government to rollback or limit new ESG measures. Additionally she spoke on the rising prominence of Diversity, Equity, and Inclusion (DEI) issues in state legislatures, particularly in Republican-led states. She observed a legislative shift from ESG to DEI, with new bills targeting DEI initiatives. Zaykowski noted that this trend reflects a broader cultural and regulatory pivot, positioning DEI at the forefront of state policy debates.

Conclusion

The briefing underscored the complex interplay between federal and state approaches to ESG and DEI policies in the current political climate. McGuireWoods Consulting remains committed to assisting clients in navigating these developments, providing strategic guidance to adapt to the evolving regulatory environment.