Environmental, Social, and Governance (ESG) and Sustainability
LeadersPatrick J. Larkin , Maram T. Salaheldin
Clark Hill’s Environmental, Social, and Governance (ESG) and Sustainability advisory practice deploys multidisciplinary attorneys, consultants, and professionals to advise clients across industries and sectors. Our attorneys and professionals help clients manage risk and monetize opportunities arising from ESG and sustainability legal regimes and initiatives, including corporate governance, social responsibility, climate change, and regulatory compliance.
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ESG and sustainability factors are critical components in today’s globalized business and legal environments. Our ESG and Sustainability team helps clients understand the requirements and embrace the opportunities created by this reality. Our multidisciplinary practice combines and coordinates legal counsel from experienced regulatory, transactional, financial, and litigation attorneys, as well as technical consultants and professionals, to provide holistic and adaptable ESG and sustainability services and solutions.
We Help Clients:
- Strategize, design, and implement ESG programs, including data gathering, audits and assessments, regulatory reporting, and public messaging.
- Analyze unique ESG and sustainability considerations for their respective industries, including oil & gas, renewable energy, retail & hospitality, and automotive & manufacturing, transportation & logistics, and cannabis.
- Identify and manage litigation and reputation risks related to ESG & Sustainability, including misrepresentations, unfair and deceptive trade practices, and securities fraud.
- Navigate environmental, health, and safety (EHS) regulatory compliance, including internal and external auditing and assessments.
- Identify and manage social risks and obligations applicable to their businesses and supply chains, including diversity, equity, and inclusion (DEI); community relations; environmental justice (EJ) impacts; labor relations; and human rights issues.
- Assess and comply with domestic and inter-jurisdictional climate change legislation and agreements.
- Design and conduct environmental diligence in transactions, including compliance assessment and legacy contamination issues.
- Develop sustainability, supply chain resilience, and circular economy strategies, including product stewardship or extended producer responsibility (EPR).
- Implement social governance standards, including transparency initiatives, human rights due diligence, and compliance with multiple anti-bribery statutes (e.g., OECD, U.S. FCPA, and U.K. Bribery Act).
- Achieve and maintain compliance with international trade, sanctions, and export controls obligations.
- Make investments in energy assets and technologies to achieve operational upgrades, resilience and sustainability targets, as well as switch to clean fuel sources, such as hydrogen, renewable natural gas, liquefied natural gas (LNG), and biofuels.
- Draft and negotiate power purchase agreements and energy financing solutions, including infrastructure development reimbursement credits, green bonds, and ESG-compliant financing.
- Strategically invest in energy transition segments, such as electric vehicles (EVs), EV charging stations, and battery storage projects.
- Develop, operate, and monetize carbon capture infrastructure projects and associated emerging technologies.
- Pursue tax credits for sustainable investments.
- Create and operate ESG funds (e.g., green bonds).
- Securely and responsibly manage data, including identifying, mitigating, and responding to cyber threats.
Our ESG & Sustainability Team Includes:
- Multidisciplinary Counsel, including EHS Regulatory, Labor & Employment, Corporate, Banking & Financial Services, and more
- Government and Regulatory Affairs Professionals
- Technical Consultants
- Communications Professionals