Morrison Foerster’s MoFo Impact blog provides insights on the latest news, developments, and trends in the impact and social entrepreneurship space. Through MoFo Impact, Morrison Foerster attorneys dedicated to impact investing and social enterprise work offer a real-time assessment of the developments in matters that are shaping the industry. Here, we examine the unique challenges faced by social enterprises and impact investors, including issues related to impact investments, disclosure requirements, hybrid corporate forms, fiduciary duties, and beyond.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Susan (“Suz”) co-chairs the ESG + Sustainability and Social Enterprise + Impact Investing practices. Her practice focuses on late-stage financings, secondaries, and other corporate transactions for investors, such as SoftBank and Temasek, and on investments for some of the top investors dedicated to impact, from “impact first” foundations to family offices to private equity funds. She co-led the drafting group for the first of the new corporate forms (the Social Purpose Corporation in California), has created hybrid/tandem corporate structures and crafted debt and equity instruments that blend impact with traditional financial terms, and has used corporate law to develop creative capital market solutions to pressing environmental problems. She also advises the boards of public and private companies on corporate governance and fiduciary duties as applied to sustainability and climate change.She was named a California Lawyer Attorney of the Year (CLAY) in 2012 and 2016 by Daily Journal and the Most Innovative Lawyer in North America in 2015 by the Financial Times.Leading Business AdvisorA powerhouse negotiator, clients note that “you cannot get a better corporate counsel” and that Suz “understands the big picture, could not be more responsive, and understands the business” (The Legal 500 US). She has extensive experience providing corporate and finance advice to companies and investors in connection with growth equity financings and secondaries, with particular experience in late-stage investments that have come to rival traditional strategic acquisitions in size and significance. Her experience includes leading some of the highest-profile late-stage investments over the past few years, including notable transactions for SoftBank Group (in the two largest private tender offers in history) in its $7.7 billion investment in Uber, $4.4 billion investment in WeWork, further $10 billion investment in WeWork, $1 billion investment in SoFi, and $250 million investment in Kabbage. She has also advised Temasek on its $800 million investment in Verily Life Sciences, Intel on its equity investment in Cloudera, and each of Fortress, TPG Rise, Vision Ridge Partners, Generation Investment Management, and Pontifax AgTech in numerous mid- to late-stage investments in clean technology, sustainability, education, food, and agriculture technology.Social Enterprise and Impact InvestingSuz is the go-to legal resource for social enterprises (for-profit and non-profit companies focused on social or environmental purpose), impact investors (investors interested in social or environmental returns), and mainstream companies developing environmental, social, and corporate governance policies. With deep expertise in the impact investing model, institutional investors exploring the space turn to her for creative solutions and her ability to structure both investments and companies to emphasize impact and returns.She represents a wide range of investors who are focused on impact, from foundations like the Gates Foundation, The Nature Conservancy, and The Rockefeller Foundation, to family offices like Armonia, Cornerstone Capital, Emerson Collective, New Island Capital, and Omidyar Network, to private equity funds like Goldman Sachs, TPG Rise, Vision Ridge Partners, and Generation Investment Management, in their equity investments in companies and projects that are focused on generating impact and returns for investors. She has deep experience and expertise ensuring energy, sustainability, and other investments have positive impact through the use of new corporate forms, hybrid or “tandem” structures with non-profits and for-profits, and alternative debt and equity instruments.Notable work in this space includes the establishment of a tandem structure, The Carbon Endowment, to retire coal assets at scale while securing a revenue stream for community reinvestment and job training in coal communities. Suz also advised on the structuring of Common Sense Growth as an extension of the non-profit Common Sense Media (to invest in companies that address issues related to children, education, and technology), the establishment of a fund for TPG Rise to provide debt financing to Echoing Green fellows, the spin-out of PRX from Public Radio International (to generate new revenue flows up to the non-profit), the establishment of a for-profit joint venture with non-profit Medicines360 (to allow the non-profit to distribute its healthcare products to women in the developing world), and the structuring of a for-profit evergreen fund that allows The Nature Conservancy to aggregate return-seeking and donor capital in order to invest in preserving our natural resources. She has also advised numerous clients on converting to a public benefit corporation or social purpose corporation model (which requires balancing traditional fiduciary duties against a social or environmental purpose), including This American Life, Revolution Foods, Rise Labs, and Beneficial State Bancorp.Suz also regularly advises boards of directors of private and public companies, special committees, and CEOs on corporate governance, particularly the intersection of fiduciary duties with sustainability, and focuses on environmental, social, and governance issues.Unmatched Cleantech and Renewable Energy ExperienceIn addition to founding and chairing the firm’s Social Enterprise and Impact Investing Group, Suz serves as Chair of Morrison & Foerster’s Energy Group and has extensive experience representing start-up to late stage private companies in the clean technology or sustainability space. She provides corporate and finance advice in connection with equity and debt financings, mergers, acquisitions, asset purchases and sales, reorganizations, and joint ventures. She has experience working with renewable energy start-up companies and renewable energy developers in the solar, wind, and biofuels industries. Suz has assisted renewable energy start up companies with raising venture capital and has advised renewable energy developers on project acquisitions.Suz’s representative renewable energy, cleantech, sustainable, and social enterprise clients include Anaergia, Change.org, EDF Renewables, E.ON, Etsy, First Look, OneSun, Planet Labs, Rising Sun Energy, RSF Social Finance, SustainBio, Trelys, Inc., Wikipedia, and Xpansiv.Board Activity and Thought LeadershipMs. Mac Cormac was a founding board member of the Sustainability Accounting Standards Board (SASB), is a member of the board of directors of Business for Social Responsibility (BSR), the Ceres President’s Council, and the Earth Genome Project, and is an advising board member of the Committee Encouraging Corporate Philanthropy’s Strategic Investor Initiative.She has joined the faculty (teaching on the intersection of sustainability and fiduciary duties) at both the Stanford Director’s College and the Northwestern Corporate Counsel Institute and is an adjunct professor at UC Berkeley School of Law, teaching a course on Social Enterprise.

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Partner

Susan (“Suz”) co-chairs the ESG + Sustainability and Social Enterprise + Impact Investing practices. Her work focuses on advising innovative sustainable companies and investors, with particular expertise on ensuring investments have positive impact through use of new corporate forms, hybrids, alternative debt and equity instruments and disclosure.

Susan (“Suz”) co-chairs the Environmental, Social, and Governance (ESG) and Social Enterprise + Impact Investing practices. Her work focuses on advising innovative sustainable companies and investors, with particular expertise on ensuring investments have positive impact through use of new corporate forms, hybrids, alternative debt and equity instruments and disclosure.

<h5 dir="ltr">As Chair of the firm’s Social Enterprise + Impact Investing and Energy + CleanTech practice groups, I find it uniquely fulfilling to help emerging companies and their investors channel great ideas and good intentions into tangible, positive change.</h5>How I Help: I have extensive experience representing startup to late-stage private companies primarily in the clean technology, renewable energy and sustainability space. I counsel on corporate and finance matters in connection with equity and debt financings, mergers, acquisitions, asset purchases and sales, reorganizations, and joint ventures. I’m frequently called upon for my expertise in new corporate forms, hybrid of “tandem” structures with non-profits and for-profits, and alternative debt and equity instruments. I also regularly advise boards of private and public companies, special committees, and CEOs on corporate governance as it relates to sustainability and CSR.Favorite app or tech product: Strava. I love tracking the miles I run each week.Favorite place for client meetings: A walk in the PresidioLife beyond the law: When I’m not preaching to the world about the power of corporate form, I spend my time outside the office with my three young sons. I currently coach my youngest’s little league team. Go Pirates!

Susan Mac Cormac

Alfredo Silva is a partner in the Transactions Department, co-chair of the firm's Social Enterprise and Impact Investing Group, and a member of the ESG Strategy Committee. Alfredo represents companies and investors in a broad range of corporate and securities law matters, with a focus on businesses in the life sciences, agtech and fintech sectors. Alfredo’s practice includes capital markets transactions, venture capital, growth equity and corporate venture financings, tender offers and other secondary offerings, digital token matters, and mergers and acquisitions. Alfredo also helps clients leverage environmental, social and governance (ESG) factors to evaluate risk and opportunities and to invest responsibly in businesses seeking sustainable growth and impact.In his private company practice, Alfredo has served as company or investor counsel in early- and late-stage financings, minority strategic investments and impact investments in dozens of private companies, including representation of SoftBank and SoftBank Vision Fund in financings with a combined value of over $2 billion, Temasek in its $800 million minority investment in Verily Life Sciences, an Alphabet company, and Visa Ventures in strategic fintech investments around the world.In his public company practice, Alfredo counsels issuers on strategic transactions, such as the stock-for-stock merger of Marrone Bio Innovations, Inc. with Bioceres Crop Solutions Corp, as well as corporate governance and compliance with the U.S. federal securities laws and stock exchange listing standards, including advising on cutting-edge issues with respect to ESG disclosures and materiality assessments.In addition, Alfredo works extensively with nonprofit organizations, providing advice on fiduciary issues, entity formation, structuring and other corporate matters, and assists small businesses pro bono. He incorporated and continues to advise Illuminate, the nonprofit producer of The Bay Lights, a 25,000 LED sculpture on the western span of the San Francisco-Oakland Bay Bridge, in structuring, corporate governance, and project management matters. Alfredo currently chairs the audit committees of the boards of directors of Eat. Learn. Play. Foundation, a charity founded by four-time NBA champion Stephen Curry and The New York Times bestselling author Ayesha Curry to unleash the potential of every child, and Berkeley Repertory Theatre, an international leader in innovative theater whose shows have won eight Tony Awards, nine Obie Awards and a Pulitzer Prize, among many other honors.Alfredo is recognized by The Recorder as a 2013 Lawyer on the Fast Track, in 2014 was the inaugural recipient of the firm’s Kathi Pugh Award for Pro Bono Service, is a 2017 Lawyers Committee for Legal Diversity Fellow, and was the recipient of the American Bar Association’s 2023 National Public Service Award. Alfredo received his B.S. degree, cum laude with distinction, in Engineering Sciences (Chemical) from Yale College in 2004 and received his J.D. degree from Yale Law School in 2008. Alfredo speaks conversational Spanish and Mandarin Chinese, and spent a year at China’s Tsinghua University researching issues in intellectual property protection on a Fulbright Fellowship.

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Alfredo Silva is co-chair of the firms Social Enterprise + Impact Investing practice and member of the firm’s Pro Bono Committee. He represents public and private companies and investors in a broad range of corporate and securities law matters, as well as nonprofit organizations on entity formation, fiduciary issues, and structuring.

Alfredo B. D. Silva represents public and private technology companies and strategic and financial investors in a broad range of capital markets transactions, early- and late-stage financings, and corporate governance matters in a variety of industries, including Life Sciences, Health Tech, FinTech, and SaaS.

Alfredo Silva is co-chair of the Morrison Foerster Social Enterprise + Impact Investing practice and member of the firm’s Pro Bono Committee. He represents public and private companies and investors in a broad range of corporate and securities law matters, as well as nonprofit organizations on entity formation, fiduciary issues, and structuring.

<h5 dir="ltr">My job is to think creatively and balance competing interests to solve complicated problems, and the end result is that the companies I’m working with are able to raise the capital they need to grow, creating and maintaining jobs for others while bringing great products and services to consumers.</h5>How I help: I represent companies throughout their lifecycles, from entity formation to debt and equity financing to exit alternatives, including initial public offerings and mergers and acquisitions. I also counsel investors in venture financing, late stage / growth equity financing, strategic investments, secondary transactions, and impact investments in private companies in a wide variety of industries. Since I have a background in engineering, I get numbers, and often work closely with executives, finance teams, and financial advisors and analysts to model out complex capital structures, financing scenarios, and liquidity events. In doing so, I help clients analyze what’s possible, understand consequences of various transaction structures, and enhance their economics in deals in value from the tens of millions to the billions of dollars.Favorite app or tech product: I spend a lot of time these days checking Coinbase, seeing how the market reacts to developments in the cryptocurrency and blockchain spaces.Favorite place for client meetings: It’s great when you’re close enough with a client to catch up and talk shop at their house!Life beyond the law: Skiing at Lake Tahoe in the winter, weekends in Dolores Park in the summer, and travel to see family and friends in between.

Alfredo B. D. Silva

Benjamin Fox is a partner in the firm’s San Francisco office and a member of the firm’s Social Enterprise and Impact Investing Group. Benjamin’s practice focuses on the representation of clients in corporate and transactional matters, with a focus on investors and companies dedicated to pursuing social or environmental goals alongside financial returns.Benjamin counsels startup to late-stage private companies and venture capital and private equity investors, as well as family offices, private foundations, and public charities in early-stage and late-stage financings, mergers, acquisitions, asset purchases and sales, joint ventures, and hybrid or “tandem” structuring arrangements between nonprofit and for-profit entities. Benjamin has extensive experience working with investors and companies in the climate technology and infrastructure and sustainability space. He regularly advises clients on creative legal structures with respect to aggregating and deploying capital to maximize impact and returns.Benjamin earned his J.D. from the University of California, Berkeley, School of Law (Boalt Hall), with a certificate of specialization in both Environmental Law and Energy and Clean Technology Law. At Boalt, he served as an executive editor of Ecology Law Quarterly, a member of the California Law Review, and a judicial extern for the Honorable Edward M. Chen of the U.S. District Court for the Northern District of California. Benjamin received the Ellis J. Harmon Prize for best legal writing in Environmental Law and Policy and was a NAPABA Law Foundation Scholarship recipient for commitment to serve the Asian Pacific American community.Prior to law school, Benjamin worked for the U.S. Department of Energy in Beijing, China and spent a year at Taiwan’s Tunghai University researching renewable energy and urban development policy on a Fulbright Fellowship. He earned his B.A. with distinction and highest honors from the University of Michigan.

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Benjamin Fox is a partner in the firm’s San Francisco office and a member of the firm’s Social Enterprise and Impact Investing Group. Benjamin’s practice focuses on the representation of clients in corporate and transactional matters, with a focus on investors and companies dedicated to pursuing social or environmental goals alongside financial returns.

Benjamin Fox is an associate in the Morrison Foerster Corporate Department in the San Francisco office. Benjamin is a member of the firm’s Social Enterprise and Impact Investing and Energy and Clean Technology Groups.

<h5 dir="ltr">I feel fortunate to assist companies and investors focused on tackling our most pressing global environmental and social challenges.</h5>How I help: I provide counsel to companies from formation until exit, including in connection with corporate structure and governance, early- and late-stage equity financings, mergers and acquisitions, and joint ventures.  As a member of our Social Enterprise + Impact Investing Group, I frequently advise clients on the legal tools available to promote mission-driven businesses, including attracting non-profit and for-profit capital, and utilizing hybrid non-profit/for-profit structures and new corporate forms.  I also have a particular expertise in the renewable energy sector and work closely with investors, renewable energy developers and cleantech startups on a wide range of corporate matters.Favorite app or tech product: GuitarTuna. It’s pretty good at tuning my guitar.Favorite place for client meetings: At a baseball game. Fenway Park will always be the best, but other stadiums will suffice.Life beyond the law: Enjoying the great outdoors.

Benjamin Fox

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Climate Links: 5/31/2024

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MoFo’s weekly Climate Links provide the latest industry updates from thought leaders and third-party sources. This week:<a href="https://esgnews.com/china-aims-for-unified-corporate-sustainability-disclosure-standard-by-2030/">China Aims for Unified Corporate Sustainability Disclosure Standard by 2030</a><ul><li>China’s Ministry of Finance has begun soliciting opinions on a draft guideline aimed at unifying corporate sustainability disclosures, with a vision of establishing a nationwide standard by 2030.</li></ul><a href="https://www.cnbc.com/2024/05/31/how-mushrooms-can-help-deal-with-water-pollution-.html" target="_blank">How mushrooms can help deal with water pollution</a><ul><li>Recent research has found that residual waste from cultivating white button mushrooms can be used to help remove micropollutants from water. There have been other examples where fungi have shown promise in breaking down pollutants in the environment, a practice known as mycoremediation.</li></ul><a href="https://www.reuters.com/business/environment/un-biodiversity-summit-chief-make-peace-with-nature-or-risk-more-war-2024-05-31/" target="_blank">UN biodiversity summit chief: Make peace with nature or risk more war</a><ul><li>The world must make peace with nature or risk fueling more global conflicts like the war in Gaza, the president of the upcoming United Nations COP16 biodiversity summit said. Colombia's Environment Minister, Susana Muhamad, laid out her priorities as COP16 president, along with a warning if the world fails to reform global governance to solve problems like the climate crisis.</li></ul><a href="https://thehill.com/policy/energy-environment/4696733-majority-of-us-voters-support-holding-fossil-fuel-companies-liable-for-climate-change-survey/" target="_blank">US voters support holding fossil fuel companies liable for climate change</a><ul><li>A majority of American voters support litigation against oil companies for the effects of climate change, according to a new survey by the left-leaning polling firm Data for Progress.</li></ul><a href="https://www.greenbiz.com/article/week-climate-policy-4-updates-you-need-know-5" target="_blank">The week in climate policy: 4 updates you need to know</a><ul><li>The California Chamber of Commerce is asking for a delay in the enforcement of California’s unprecedented corporate emissions disclosure laws; the U.S. Department of Treasury and the IRS proposed guidance for the Inflation Reduction Act’s forthcoming technology-neutral credits; and more.</li></ul><a href="https://www.linkedin.com/pulse/issb-adoption-full-swing-tim-mohin-c8jge/?trackingId=aA9dOGduQzmKyztYlMJPOA%3D%3D" target="_blank">ESG & Climate News: ISSB Adoption in Full Swing</a><ul><li>Almost a year after the International Sustainability Standards Board (ISSB) released its first two standards, it announced this week that more than half of the world’s economy has adopted them. The ISSB standards were created to consolidate and simplify sustainability disclosure standards and, indeed, they have acquired more than a few of the so-called “alphabet soup” of other ESG standards. ISSB’s intention from the start has been to create consistent, comparable, and decision-useful ESG information.</li></ul>

Climate Links: 5/31/2024

MoFo’s weekly Climate Links provide the latest industry updates from thought leaders and third-party sources.

MoFo’s weekly Climate Links provide the latest industry updates from thought leaders and third-party sources. This week:<a href="https://thehill.com/policy/energy-environment/4667970-ron-desantis-florida-law-removing-climate-change-considerations/" target="_blank">DeSantis signs bill removing climate change considerations from Florida law</a><ul><li>Florida Gov. Ron DeSantis (R) signed legislation removing the requirement for the state to consider climate change in crafting energy policy and is excising nearly all references to climate change in Florida law.</li></ul><a href="https://www.cnbc.com/2024/05/17/4-dead-as-severe-storms-hit-houston-area-hundreds-of-thousands-lose-power-in-texas.html" target="_blank">4 dead as severe storms hit Houston area; hundreds of thousands lose power in Texas</a><ul><li>Emergency crews in southeast Texas were clearing debris and assessing flooding after powerful storms tore through the state, killing at least four people and knocking out power to nearly 800,000 customers.</li></ul><a href="https://thehill.com/homenews/4669391-port-of-san-diego-declares-emergency-over-invasive-seaweed-southern-bay/" target="_blank">Port of San Diego declares emergency over invasive seaweed in southern bay</a><ul><li>The Port of San Diego has declared a local emergency due to the spread of an invasive algae species in South San Diego Bay.</li></ul><a href="https://www.msn.com/en-us/health/other/months-after-maui-fires-residents-report-troubling-health-problems/ar-BB1mrxKV" target="_blank">Months after Maui fires, residents report troubling health problems</a><ul><li>Every morning before she drives to see her students at Lahainaluna High School, Kailini Ross smears a thick lotion across her skin, so the soot that has gotten into her lungs, and remains in the air, does not “fill her pores.”</li></ul><a href="https://www.greenbiz.com/article/week-climate-policy-4-updates-you-need-know-4" target="_blank">The week in climate policy: 4 updates you need to know</a><ul><li>A New York City court rejected the efforts of the oil industry to prevent a lawsuit from proceeding in New York state court; the Federal Energy Regulatory Commission issued a new rule that will require transmission operators to create 20-year plans that explicitly consider the energy transition; and more.</li></ul><a href="https://www.linkedin.com/pulse/pessimism-positivity-tim-mohin-e8lse/?trackingId=TAxVG%2FCsRGiL4yX0IR6QYA%3D%3D" target="_blank">ESG & Climate News: Pessimism or Positivity?</a><ul><li>The age-old debate of whether doomerism or optimism will be more effective in driving the climate agenda forward reared its head again.</li></ul>

MoFo’s weekly Climate Links provide the latest industry updates from thought leaders and third-party sources. 

MoFo’s weekly Climate Links provide the latest industry updates from thought leaders and third-party sources. This week:<a href="https://www.reuters.com/business/environment/whale-makes-comeback-off-argentinas-coast-100-years-after-vanishing-2024-05-10/" target="_blank">A whale makes a comeback off Argentina’s coast 100 years after vanishing</a><ul><li>Giant blue-grey sei whales that vanished from Argentina’s Patagonian coast a century ago due to hunting are starting to flourish once again, demonstrating how species can recover when measures to protect them are put in place.</li></ul><a href="https://thehill.com/business/4656519-green-transition-is-stitched-into-the-tax-code-white-house-economist/" target="_blank">Green transition is stitched into the tax code: White House economist</a><ul><li>White House Council of Economic Advisers Chair Lael Brainard dismissed the notion that Republicans would be able to easily reverse the sustainable energy provisions passed in the 2022 Inflation Reduction Act, even if they win majorities in the general election this fall.</li></ul><a href="https://www.bloomberg.com/news/articles/2024-05-10/carbon-dioxide-levels-at-hawaii-s-mauna-loa-observatory-make-record-leap?srnd=green" target="_blank">Carbon Dioxide Levels at Hawaii’s Mauna Loa Observatory Make Record Leap</a><ul><li>Researchers have recorded the largest jump in global average carbon dioxide emissions leading to a record level of climate-warming gases in the atmosphere. This unprecedented rise comes as the Earth has experienced its 11th month in a row of record-breaking temperatures and a string of climate change-fueled disasters.</li></ul><a href="https://www.npr.org/2024/05/09/1250135938/deadly-tornadoes-southeast-storms" target="_blank">Tornadoes tear through the southeastern U.S. as storms leave 3 dead: NPR</a><ul><li>Forecasters warned a wave of dangerous storms in the U.S. could march through parts of the South after storms spawned damaging tornadoes and massive hail, leaving two dead in Tennessee and one dead in North Carolina.</li></ul><a href="https://www.greenbiz.com/article/week-climate-policy-4-updates-you-need-know-3" target="_blank">The week in climate policy: 4 updates you need to know</a><ul><li>Twenty-five Republican-led states filed a lawsuit against the EPA’s new rule requiring coal and natural gas-fueled power plants to start eliminating their carbon emissions by 2032; the U.S. Energy Information Administration released new numbers that demonstrate rising U.S. demand for energy is being almost entirely met by renewably generated electricity; and more.</li></ul><a href="https://www.linkedin.com/pulse/europes-green-deal-finalized-tim-mohin-wxrve/?trackingId=%2BkXn%2BjM7T4%2BhPtojRri4vQ%3D%3D" target="_blank">ESG & Climate News: Europe’s Green Deal Finalized</a><ul><li>After a green voting marathon, the EU Parliament closed its final plenary of this term before its June elections. The huge voting sessions yielded a plethora of new policies, including the Corporate Sustainability Due Diligence Directive. There was also an amendment to the Corporate Sustainability Reporting Directive, an EU version of the Inflation Reduction Act, and a host of other agreements.</li></ul>

MoFo’s weekly Climate Links provide the latest industry updates from thought leaders and third-party sources. This week:<a href="https://thehill.com/policy/energy-environment/4640239-biden-administration-grants-flexibility-for-automakers-in-ev-tax-credit-rule/" target="_blank">Biden administration grants flexibility for automakers in EV tax credit rule</a><ul><li>The Biden administration granted automakers some flexibility in qualifying for electric vehicle (EV) tax credits.</li></ul><a href="https://www.msn.com/en-us/news/us/gas-stoves-spread-harmful-pollution-beyond-the-kitchen-study-finds/ar-AA1o6xJU#:~:text=But%20testing%20done%20in%20her%20home%20in%20the,researchers%20published%20Friday%20in%20the%20journal%20Science%20Advances." target="_blank">Gas stoves spread harmful pollution beyond the kitchen, study finds</a><ul><li>Testing done in the Harlem neighborhood of New York and in others across the country show that people with gas and propane stoves breathe in unhealthy levels of nitrogen dioxide, which can trigger asthma and other respiratory conditions, according to a new study Stanford University researchers published in the Science Advances journal.</li></ul><a href="https://www.cnbc.com/2024/05/01/climate-crisis-worlds-happiest-countries-are-looking-beyond-net-zero.html" target="_blank">Climate crisis: World’s happiest countries are looking beyond net zero</a><ul><li>Finland and Denmark are both targeting “net-negative emissions,” which scientists say can be achieved when the amount of carbon dioxide drawn out of the atmosphere is greater than the amount that’s emitted.</li></ul><a href="https://www.reuters.com/world/americas/rains-southern-brazil-kill-least-31-more-than-70-still-missing-2024-05-03/" target="_blank">Rains in southern Brazil kill at least 39, some 70 still missing</a><ul><li>Heavy rains battering Brazil’s southernmost state of Rio Grande do Sul have killed 39 people, local authorities said, and the death toll is expected to rise as dozens still have not been accounted for.</li></ul><a href="https://www.greenbiz.com/article/week-climate-policy-4-updates-you-need-know-2" target="_blank">The week in climate policy: 4 updates you need to know</a><ul><li>Florida Gov. Ron DeSantis signed into law a bill that bans lab-grown meat in the state; the G-7 nations — the U.S., France, Germany, Japan, Canada, Italy, and the U.K. — are committed to eliminating coal from their power sector by 2035, unless utilities are able to capture their emissions; and more.</li></ul><a href="https://www.linkedin.com/pulse/eu-adopts-supply-chain-rule-tim-mohin-zsxxe/?trackingId=8AwRj299QzetqrxzFFWJoA%3D%3D" target="_blank">ESG & Climate News: EU Adopts Supply Chain Rule</a><ul><li>Last-minute deals and a series of failed votes threatened to block the EU’s Corporate Sustainability Due Diligence Directive, but a weakened version squeaked through the EU Council last month. There was no such drama when the EU Parliament made it official this week — passing the directive with a vote of 374 to 235.</li></ul>

MoFo’s weekly Climate Links provide the latest industry updates from thought leaders and third-party sources. This week:<a href="https://esgnews.com/new-climate-alliance-for-insurance-transition-to-net-zero-emerges-amid-esg-pressures/" target="_blank">New Climate Alliance for Insurance Transition to Net Zero Emerges Amid ESG Pressures</a><ul><li>The insurance industry has a crucial role to play in combating climate change. Recognizing this, the United Nations Environment Programme recently launched a new initiative, the Forum for Insurance Transition to Net Zero, to accelerate voluntary climate action within the sector. This forum takes the place of the disbanded Net-Zero Insurance Alliance.</li></ul><a href="https://www.cnbc.com/2024/04/26/miami-is-ground-zero-for-climate-risk-people-move-there-build-there-anyway.html" target="_blank">Miami is ‘ground zero’ for climate risk. People move there, build there anyway</a><ul><li>Miami is undergoing a population and development boom. Meanwhile, city officials, scientists, and other experts say it’s among the most vulnerable cities worldwide to the impacts of climate change.</li></ul><a href="https://www.reuters.com/world/americas/indigenous-people-protest-brazil-not-protecting-ancestral-lands-2024-04-25/" target="_blank">Indigenous people protest Brazil not protecting ancestral lands</a><ul><li>Several thousand Indigenous demonstrators marched chanting to drum beats to the seat of power in Brazil’s capital to protest against the government’s failure to protect their ancestral lands.</li></ul><a href="https://thehill.com/policy/energy-environment/4622694-gavin-newsom-battery-storage-california-blackouts/" target="_blank">Gov. Gavin Newsom celebrates storage milestone, confirms California blackouts are not over yet</a><ul><li>California officials celebrated a milestone in their quest to achieve a 100 percent clean grid by 2045: the installation of more than 10,000 megawatts of battery storage.</li></ul><a href="https://www.msn.com/en-us/weather/topstories/can-corals-be-saved/ar-AA1nI0ka#:~:text=threatening%20another%20dire%20summer%2C%20the%20National%20Oceanic%20and,have%20the%20best%20chance%20when%20heat%20strikes%20again." target="_blank">Can corals be saved?</a><ul><li>In Florida, swaths of coral paint a colorful landscape across the ocean floor and serve a key role in its ecosystem. But last summer, amid the longest marine heat wave in decades, many were scorched — drained of color and their survival left in question. It’s a scenario becoming much more common.</li></ul><a href="https://www.greenbiz.com/article/week-climate-policy-4-updates-you-need-know-1" target="_blank">The week in climate policy: 4 updates you need to know</a><ul><li>The Biden administration launched a web portal for its American Climate Corps and announced 35 projects, across 20 states, that received a total of $1.93 billion from using the Inflation Reduction Act’s Qualifying Advanced Energy Project Credit (48C); California SB-938, a bill that would have banned gas and electrical utilities from using money from ratepayers to fund any political lobbying activities, failed in committee; and more.</li></ul><a href="https://www.linkedin.com/pulse/climate-advocates-call-silent-majority-act-pivotal-election-tim-mohin-3mwhe/?trackingId=ffXcWVMET2aSFzCp1V%2BmvQ%3D%3D" target="_blank">ESG & Climate News: Climate Advocates Call on “Silent Majority” to Act In Pivotal Election Year</a><ul><li>In the coming months, half of the world’s population will go to the polls. To say there is a lot at stake would be putting it mildly. Climate leaders are asking the silent majority that supports more climate action to speak up.</li></ul>

MoFo’s weekly Climate Links provide the latest industry updates from thought leaders and third-party sources. This week:<a href="https://www.euractiv.com/section/cities-regions/news/uns-summit-of-the-future-eu-regions-and-cities-preparing-for-sdg-upgrade/" target="_blank">UN’s Summit of the Future, EU regions and cities preparing for SDG upgrade</a><ul><li>Born from the United Nations Common Agenda report, the proposal of a Summit of the Future aims to clearly define how Member States prepare for the challenges of the future while dealing with the needs of the present.</li></ul><a href="https://www.cnbc.com/2024/04/18/dubai-floods-airport-chaos-sleeping-in-metro-stations-no-running-water.html" target="_blank">Airport chaos, sleeping in metro stations, no running water: Dubai’s flood mayhem continues</a><ul><li>The UAE continues to reel from floods caused by the heaviest rainfall ever recorded in its desert, with airlines, banks, and city transport facing major disruptions and service outages.</li></ul><a href="https://www.reuters.com/business/environment/us-designates-pfas-chemicals-superfund-hazardous-substances-2024-04-19/" target="_blank">US designates PFAS chemicals as Superfund hazardous substances</a><ul><li>The U.S. Environmental Protection Agency designated a pair of widely used industrial chemicals as hazardous substances under the country’s Superfund program, accelerating a crackdown on toxic compounds known as “forever chemicals.”</li></ul><a href="https://thehill.com/policy/energy-environment/4605739-widespread-animal-consciousness-irresponsible-to-ignore-new-york-declaration-scientists/" target="_blank">It’s ‘irresponsible’ to ignore widespread consciousness across animal world, dozens of scientists argue</a><ul><li>The New York Declaration on Animal Consciousness argues that current scientific research indicates that widespread animal consciousness is a “realistic possibility” — and that scientists and policymakers must take that into account when considering risks to those animals.</li></ul><a href="https://www.msn.com/en-us/news/other/new-maui-fire-report-shows-utility-waited-hours-to-respond-to-broken-power-line/ar-AA1nfAcA#:~:text=Hawaii%E2%80%99s%20electric%20utility%20did%20not%20respond%20quickly%20to,contributed%20to%20the%20deadliest%20fire%20in%20U.S.%20history." target="_blank">New reports detail what critics call lapses in response to deadly Maui fire</a><ul><li>Hawaii’s attorney general has released a comprehensive timeline of how local agencies and the state’s electric utility responded to multiple brush fires on August 8, 2023, the precursors of what would become the deadliest fire in U.S. history.</li></ul><a href="https://www.greenbiz.com/article/week-climate-policy-4-updates-you-need-know-0" target="_blank">The week in climate policy: 4 updates you need to know</a><ul><li>The European Union announced its investment of $3.71 billion to advance ocean sustainability and conservation in 2024; the Canadian house of commons passed a sustainable jobs act despite up to 20,000 amendments introduced by the minority Conservative party; and more.</li></ul>

Climate Links: 4/19/2024

MoFo’s weekly Climate Links provide the latest industry updates from thought leaders and third-party sources. This week:<a href="https://www.insurancejournal.com/news/international/2024/04/12/769448.htm" target="_blank">Europe Stands Firm Against US-Driven ESG Backlash</a><ul><li>Europe has so far largely resisted the anti-ESG tide, due to greater political and consumer support for greener products and a swathe of regulations that underpin the operations of the finance industry and companies in the real economy.</li></ul><a href="https://www.cnbc.com/2024/04/10/forever-chemical-pfas-pfos-regulation-to-cost-1point5-billion-annually-.html" target="_blank">New EPA limits on ‘forever chemicals’ in drinking water could cost $1.5 billion per year to implement</a><ul><li>The EPA issued a new rule requiring water treatment facilities to remove some specific carcinogenic chemicals, commonly referred to as PFAS or “forever chemicals.” Compliance with the rule will cost about $1.5 billion annually, according to the EPA, but other research suggests compliance could cost closer to $3.8 billion annually.</li></ul><a href="https://www.reuters.com/business/environment/sweden-will-miss-its-climate-goals-without-policy-changes-environment-agency-2024-04-12/" target="_blank">Sweden will miss its climate goals without policy changes, environment agency says</a><ul><li>The Environmental Protection Agency said in a statement that based on current policies the country will miss both its 2045 net zero emissions target and its shorter-term goals, and will also not fulfill its emission commitments to the European Union.</li></ul><a href="https://thehill.com/policy/energy-environment/4590408-forever-chemicals-high-seafood-diet-shrimp-lobster-study/" target="_blank">High seafood diets may come with a hefty side of ‘forever chemicals’: Study</a><ul><li>People who frequently consume seafood may face a heightened risk of exposure to toxic “forever chemicals,” a study has found.</li></ul><a href="https://www.msn.com/en-us/sports/other/the-olympics-are-usually-a-sustainability-disaster-can-paris-be-different/ar-BB1lrF8Z" target="_blank">The Olympics are usually a sustainability disaster. Can Paris be different?</a><ul><li>Organizers of the Paris Olympics have pledged that the event will be “historic for the climate,” setting a goal of generating no more than half the planet-warming emissions produced by recent Summer Games in London and Rio.</li></ul><a href="https://www.greenbiz.com/article/week-climate-policy-5-updates-you-need-know-3" target="_blank">The week in climate policy: 5 updates you need to know</a><ul><li>The European Commission is launching a probe into five Chinese wind turbine operations in Spain, Greece, France, Romania, and Bulgaria; the Environmental Protection Agency’s power plant rule is going through changes; and more.</li></ul><a href="https://www.linkedin.com/pulse/climate-rights-human-tim-mohin-ooj7e/?trackingId=aqSfXImQQe67ubiaRl3qXg%3D%3D" target="_blank">ESG & Climate News: Climate Rights are Human Rights</a><ul><li>In a historic ruling, the European Court of Human Rights decided that Switzerland’s failure to act on climate change violates human rights. This was the first time an international court determined that governments are legally obligated to meet their climate targets under human rights law and set a precedent for other cases.</li></ul>

Climate Links: 4/12/2024

MoFo’s weekly Climate Links provide the latest industry updates from thought leaders and third-party sources. This week:<a href="https://www.reuters.com/world/uk/uks-greenhouse-gas-emissions-fell-54-2023-government-data-shows-2024-03-28/" target="_blank">UK’s greenhouse gas emissions fell 5.4% in 2023 on lower gas use</a><ul><li>Britain’s greenhouse gas (GHG) emissions fell by 5.4% in 2023, government data showed on March 28, with less gas used to generate electricity and heat homes. The country’s target to reach net zero emissions by 2050 will require changes to the way people eat and travel, as well as how electricity is produced.</li></ul><a href="https://www.reuters.com/legal/us-judge-strikes-down-biden-highway-climate-rule-states-2024-03-28/" target="_blank">US judge strikes down Biden highway climate rule for states</a><ul><li>A U.S. judge in Texas struck down a climate rule adopted by the Biden administration requiring states to measure and set declining targets for greenhouse gas emissions from vehicles using the national highway system.</li></ul><a href="https://thehill.com/policy/energy-environment/4561888-port-of-baltimore-closure-shuts-down-number-two-u-s-coal-export-hub/" target="_blank">Port of Baltimore closure shuts down No. 2 US coal export hub</a><ul><li>The closure of the Port of Baltimore due to the collapse of the Francis Scott Key Bridge could have major implications for coal exports, according to the U.S. Energy Information Administration (EIA).</li></ul><a href="https://www.bloomberg.com/news/features/2024-03-29/church-of-england-taps-solar-power-on-cambridge-chapel?srnd=green" target="_blank">Church of England’s New Climate Change Effort—Solar Power For Iconic Chapel</a><ul><li>The dramatic 438-solar-panel display on a chapel in Cambridge is just one way the Church of England is showing it practices what it preaches on climate change.</li></ul><a href="https://www.msn.com/en-gb/news/us/electric-trucks-get-a-boost-from-biden-worrying-trucking-industry/ar-BB1kKDnW" target="_blank">Electric trucks get a boost from Biden, worrying trucking industry (msn.com)</a><ul><li>Pollution in communities nationwide will be curbed under a climate change rule the Environmental Protection Agency finalized March 29. The rule will require manufacturers to slash emissions of greenhouse gases from new trucks, delivery vans, and buses. Those limits, in turn, will reduce deadly particulate matter and lung-damaging nitrogen dioxide from such vehicles.</li></ul><a href="https://www.greenbiz.com/article/week-climate-policy-5-updates-you-need-know-2" target="_blank">The week in climate policy: 5 updates you need to know</a><ul><li>Pennsylvania’s governor proposed a cap-and-trade program, the Biden administration announces $6 billion in clean energy funding, and more.</li></ul><a href="https://www.linkedin.com/pulse/larry-finks-annual-letter-esg-out-energy-pragmatism-tim-mohin-yotke/?trackingId=0mM79vt9RE%2BUNAYSqbF18A%3D%3D" target="_blank">ESG & Climate News: Larry Fink’s Annual Letter: “ESG” out, “Energy Pragmatism” In</a><ul><li>Larry Fink’s annual letters carry a lot of clout. As CEO of the world’s largest asset manager, BlackRock, with over $10 trillion in assets under management (AUM), his annual open letters to investors set the tone for investors, companies, and—until recently—was required reading for environmentalists.</li></ul>

Climate Links: 3/29/2024

Climate Links: 3/29/2024

MoFo’s weekly Climate Links provide the latest industry updates from thought leaders and third-party sources. This week:<a href="https://www.cnbc.com/2024/03/22/worlds-first-ever-global-emissions-tax-takes-a-step-closer-to-reality.html" target="_blank">World’s first-ever global emissions tax takes a step closer to reality</a><ul><li>The International Maritime Organization held its latest round of negotiations to discuss how to move forward on the climate regulation of the shipping industry. “The UN is on the edge of adopting the world’s first-ever global emissions price, but the policy will only be as successful as countries make it to be,” said Sandra Chiri, shipping emissions international outreach manager at the Ocean Conservancy.</li></ul><a href="https://www.reuters.com/legal/challenges-secs-climate-rules-sent-conservative-leaning-us-appeals-court-2024-03-21/" target="_blank">Challenges to SEC’s climate rules sent to conservative-leaning U.S. appeals court</a><ul><li>A U.S. judicial panel consolidated at least nine lawsuits challenging the U.S. Securities and Exchange Commission’s new rules requiring public companies to report climate-related risks in a venue favored by Republican-led states and a business group.</li></ul><a href="https://thehill.com/policy/energy-environment/4547620-senate-passed-radiation-legislation-left-out-of-house-spending-bill/" target="_blank">Senate-passed radiation legislation left out of House spending bill</a><ul><li>A standalone bill to expand and reauthorize a 30-year-old radiation compensation program that passed the Senate with a filibuster-proof majority will not be included in the text of a House appropriations bill.</li></ul><a href="https://www.greenbiz.com/article/week-climate-policy-5-updates-you-need-know-1" target="_blank">The week in climate policy: 5 updates you need to know</a><ul><li>Court pauses SEC’s climate-disclosure rule, the DOE publishes the positive economic impact of its loan programs office, and more.</li></ul><a href="https://corpgov.law.harvard.edu/2024/03/22/disentangling-the-value-of-esg-scores-and-classification-of-sustainable-investment-products/" target="_blank">Disentangling the value of ESG scores and classification of sustainable investment products</a><ul><li>Confusion surrounding ESG (environmental, social, and governance) data and mislabeling of sustainable investment products complicate adoption and regulation. The sophistication of investors and regulators is necessary for the proper consumption of ESG data and development of financial products.</li></ul><a href="https://datascienceprograms.com/learn/how-data-science-can-help-fight-climate-change/" target="_blank">How Data Science Can Help Fight Climate Change</a><ul><li>In the fight against global warming, data science is a powerful tool. It uses different methods, such as machine learning (where computers learn from data) and data visualization (turning data into pictures), to analyze the details and understand the most challenging components of climate change.</li></ul><a href="https://www.linkedin.com/pulse/unpacking-new-eu-due-diligence-directive-tim-mohin-cgmce/?trackingId=LO1Ll%2BZwR3GTaPWhnT4skg%3D%3D" target="_blank">ESG & Climate News: Unpacking the New EU Due Diligence Directive</a><ul><li>Europe continued its leadership in sustainability policy with the approval of the Corporate Sustainability Due Diligence Directive (CS3D). The new policy requires companies to identify and mitigate adverse environmental and social impacts in their supply chains.</li></ul>

Climate Links: 3/22/2024

Climate Links: 3/22/2024

MoFo and BSR’s monthly conversation series, ESG Influencers – Leading Transformative Change, showcases an influencer from the environmental, social, and governance (ESG) arena, providing insights on how they are leading transformative change to help build a more sustainable future.The 14th episode in this series focuses on “Business Leadership in the Context of 2024’s Elections,” with Aron Cramer, President and CEO of BSR, interviewing Daniella Ballou-Aares, Founder and CEO of the Leadership Now Project.Daniella started the Leadership Now Project in 2017 to focus business leaders on the critical actions required to renew American democracy. Daniella began her career at Bain & Company, working across the firm’s offices in the United States, South Africa, and the United Kingdom. From there, she became a founding partner at Dalberg, where she led the Americas business and transformed the startup into the largest social impact strategy firm, with 25 offices worldwide. She spent five years in the Obama administration as the Senior Advisor for Development to the Secretary of State, serving under Secretaries Clinton and Kerry. Daniella’s perspectives have been featured in publications such as the Harvard Business Review, New York Times, Fast Company, and POLITICO, and at the World Economic Forum. Daniella is a member of the Council on Foreign Relations and was a 2014 World Economic Forum Young Global Leader. She holds an M.B.A. from Harvard Business School, an M.P.A. from the Kennedy School, and a B.S. cum laude in operations research and industrial engineering from Cornell.The <a href="https://www.leadershipnowproject.org/" target="_blank">Leadership Now Project</a> is a membership organization of business and thought leaders taking action to protect and renew American democracy. It mobilizes its members’ influence, expertise, and investment for high-impact solutions for American democracy. Leadership Now members are the foundation of the organization, driving action and enabling impact. Founded in 2017 by a group of Harvard Business School alumni, today the Leadership Now Project has members across more than 25 states and collaborates with faculty at 15+ colleges and universities.<a href="https://www.mofo.com/resources/video-audio/240308-business-leadership-in-the-context-of-2024s-elections" target="_blank">Watch</a> this episode.For more information, please visit our <a href="https://www.mofo.com/bsr-esg-influencers" target="_blank">conversation series page</a>.

MoFo + BSR: ESG Influencers–Leading Transformative Change Episode 14: Business Leadership in the Context of 2024's Elections

Susan (Suz) Mac Cormac, San Francisco partner, has extensive experience in corporate law, ESG, social enterprise and impact investing, and venture capital.

Susan H. Mac Cormac | Corporate + ESG Attorney

MoFo + BSR: ESG Influencers–Leading Transformative Change Episode 14: Business Leadership in the Context of 2024's Elections

MoFo and BSR’s monthly conversation series, ESG Influencers – Leading Transformative Change, showcases an influencer from the environmental, social, and governance (ESG) arena, providing insights on how they are leading transformative change to help build a more sustainable future.