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President Biden Signs Executive Order On Addressing Climate Change Risk Through Financial Regulation - Environment


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On Thursday, May 20, 2021, US President Biden signed an Executive Order, entitled
Climate-Related Financial Risk (Climate Risk EO), that
sets the stage for the US federal government, including its
financial regulatory agencies, to begin to incorporate climate-risk
and other environmental, social and governance (ESG) issues into
financial regulation. The Climate Risk EO further demonstrates the
priority the Biden administration is giving to addressing climate
change and will likely accelerate ongoing efforts by federal
financial regulators to adopt new, climate risk-related
regulations. Of particular note, the executive order directs ....

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DOL working on additional ESG, lifetime income guidance, rules


DOL working on additional ESG, lifetime income guidance, rules
Bloomberg
More guidance and rule-making initiatives from the Department of Labor s Employee Benefits Security Administration are expected this year on a host of issues, including lifetime income, environmental, social and governance investing and fiduciary investment advice.
Ali Khawar, acting assistant secretary for EBSA, provided an overview of the work taking place under the new administration during a webinar Thursday hosted by American Savings Education Council the Employee Benefit Research Institute s non-profit foundation.
In March, the Labor Department said it would not enforce two rules one called Financial Factors in Selecting Plan Investments, which stipulates that ERISA plan fiduciaries cannot invest in non-pecuniary vehicles that sacrifice investment returns or take on additional risk; and the other, Fiduciary Duties Regarding Proxy Voting and Shareholder Rights, which outlines th ....

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Not So Fast: DOL Changes Course on Trump-Era ESG Investment Rule | Mintz - Securities & Capital Markets Viewpoints

DOL Issues Non-Enforcement Notice For Two Final ESG Investment Rules | Vinson & Elkins LLP


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ERISA plan fiduciaries may be breathing a small sigh of relief this week after the U.S. Department of Labor (the “DOL”) issued a statement on March 10, 2021, that it would not pursue enforcement actions for violations of two recently published rules related to Environmental, Social, and Governance (“ESG”) investments.
Those final rules, including “Financial Factors in Selecting Plan Investments” (published November 13, 2020) and “Fiduciary Duties Regarding Proxy Voting and Shareholder Rights” (published December 16, 2020), each amended the governing regulations for fiduciary responsibilities under Title I of the Employee Retirement Income Security Act (“ERISA”), Sections 403(c) and 404(a). As a result of the regulations’ amendment, ERISA plan fiduciaries would have been restricted to considering only “pecuniary factors” when selecting investments for ERISA plans. “Pecuniary factors” ....

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