Trump Administration Continues Attempts to Unravel U.S. Environmental Protections Put in Place Over Many Years – Now, Shareholder Proxy Resolution Actions on Climate Issues Also In Focus For Investors…

by Hank Boerner – Chair and Chief Strategist, G&A Institute

We should not have been surprised: in 2016 presidential candidate Donald Trump promised that among his first steps when in the Oval Office would be the tearing up of his predecessor’s commitment to join the family of nations in addressing climate change challenges. 

In late-December 2015 in Paris, with almost 200 nations coming to agreement on tackling climate change issues, the United States of America with President Barack Obama presiding signed on to the “Paris Agreement” (or Accord) for sovereign nations and private, public and social sector organizations come together to work to prevent further damage to the planet.

The goal is to limit damage and stop global temperatures from rising about 2-degrees Centigrade, the issues agreed to. 

As the largest economy, of course the United States of America has a key role to play in addressing climate change.  Needed: the political will, close collaboration among private, public and social sectors — and funding for the transition to a low-carbon economy (which many US cities and companies are already addressing).

So where is the USA? 

On June 1st 2017 now-President Trump followed through on the promise made and said that the U.S.A. would begin the process to withdraw from the Paris Agreement on climate change, joining the 13 nations that have not formally ratified the agreement by the end of 2018 (such as Russia, North Korea, Turkey and Iran).  

Entering 2019, 197 nations have ratified the Agreement.

A series of actions followed President Trump’s Paris Agreement announcement – many changes in policy at US EPA and other agencies — most of which served to attempt to weaken long-existing environmental protections, critics charged.

The latest move to put on your radar:  In April, President Trump signed an Executive Order that addresses “Promoting Energy Infrastructure and Economic Growth”.

[Energy] Infrastructure needs – a bipartisan issue – are very much in focus in the president’s recent EO.  But not the right kind to suit climate change action advocates. 

Important: The EO addressed continued administration promotion and encouraging of coal, oil and natural gas production; developing infrastructure for transport of these resources; cutting “regulatory uncertainties”; review of Clean Water Act requirements; and updating of the DOT safety regulations for Liquefied Natural Gas (LNG) facilities.

Critics and supporters of these actions will of course line up on both sides of the issues.

There are things to like and to dislike for both sides in the president’s continuing actions related to environmental protections that are already in place.

And then there is the big issue in the EO:  a possible attempt to limit shareholder advocacy to encourage, persuade, pressure companies to address ESG issues.

Section 5 of the EO“Environment, Social and Governance Issues; Proxy Firms; and Financing of Energy Projects Through the U.S. Capital Markets.” 

The EO language addresses the issue of Materiality as the US Supreme Court advises.  Is ESG strategy, performance and outcome material for fiduciaries? Many in the mainstream investment community believe the answer is YES!

Within 180 days of the order signing, the Secretary of the Department of Labor will complete a review existing DOL guidance on fiduciary responsibilities for investor proxy voting to determine whether such guidance should be rescinded, replaced, or modified to “ensure consistency with current law and policies that promote long-term growth and maximize return on ERISA plan assets”. 

(Think of the impact on fiduciaries of the recommendations to be made by the DOL, such as public employee pension plans.) 

The Obama Administration in 2016 issued a DOL Interpretive Bulletin many see as a “green light” for fiduciaries to consider when incorporating ESG analysis and portfolio decision-making.  The Trump EO seems to pose a direct threat to that guidance.

We can expect to see sustainable & responsible investors marshal forces to aggressively push back against any changes that the Trump/DOL forces might advance to weaken the ability of shareholders – fiduciaries, the owners of the companies! – to influence corporate strategies and actions (or lack of action) on climate change risks and opportunities.  Especially through their actions in the annual corporate proxy ballot process and in engagements. 

You’ll want to stay tuned to this and the other issues addressed in the Executive Order.  We’ll have more to report to you in future issues of the newsletter.

Click here to President Trump’s April 10, 2019 Executive Order.

Facts or not?  Click here if you would like to fact check the president’s comments on withdrawal from the Paris Agreement.

We are still in!  For the reaction of top US companies to the Trump announcement on pulling out of the Paris Accord, check The Guardiancoverage of the day.

At year end 2018, this was the roundup of countries in/and not.

For commentaries published by G&A Institute on the Sustainability Update blog related to the above matters, check out it here.

Check out our Top Story for details on President Trump’s recent EO.

This Week’s Top Stories

Trump Order Takes Aim at Shareholders Pushing Companies to Address Climate Change
(Wednesday – April 77, 2019) Source: Climate Liability News – President Trump has ordered a review of the influence of proxy advisory firms on investments in the fossil fuel industry, a mot that…

Global Trade – Good or Bad For Nations – For Individuals — a Factor in Encouraging Greater Sustainability for Society?

by Hank Boerner – Chair, G&A Institute

“Trade” can be viewed in the macro-environment or the micro, with personal advantages and disadvantages for men and women in both developed and developing nations.

With a new administration coming to Washington DC in January 2017, the heated rhetoric of the 2016 presidential primaries and during the general campaign quickly moved “trade” as a loose-lip and often-un-informed talking point at rallies in the direction of possibly enacted national public policy.

Tear up NAFTA  – punish China – make cozy deals with countries one-at-a-time instead of multi-lateral agreements.  That’s seemingly the direction of the Trump Administration policy-making in 2018 — if we believe the rhetoric.

So — the question hangs — is global trade good or bad for U.S. workers…for the economy…for workers in both developed and developing nations…as a positive or negative in the quest for greater global sustainability?

As in all policy making, we must search for truth and evidence to help answer the questions — and guide public governance.

We do have help if we want to tune in to the source:  The independent, not-for-profit National Bureau of Economic Research (NBER) weighed in in April with a Working Paper: “How Large Are the U.S. Economy’s Gains From Trade?”

FYI – NBER (founded in 1920) is based in Cambridge, Massachusetts, and has a huge cadre of economists and researchers that work to provide us with “objective, quantitative analysis of the American economy.”

The scholars issue a steady stream of Working Papers for public consumption (and study and discussion by policy makers looking for “truth, fact, objectivity, reliable findings”  — my characterizations).

The name may ring a bell — NBER is the non-governmental organization that declares the official start and end of a U.S. recession, for example.  Their declaration is often separate of what is going on in the capital markets so it stands out.

In the current paper, the researchers examined “estimates of the economic benefits of a globally-open economy.”  And the impact plus or minus on the American economy.

Most likely results: they see a gain for the U.S. domestic economy of from 2% to 8% through open global trade, depending on certain assumptions about consumer and producer behavior.

What if we actually slammed the door shut on trade beyond our borders?  Authors Arnaud Costinot and Andres Rodrigues-Clare explain there is [surprisingly] little direct quantitative evidence on how the economy would react if we did begin to close the doors on global trade. (Note to policymakers: That’s why we don’t make hasty or dumb decisions on trade!)

Looking at such factors as labor and capital embedded in goods purchased from around the world, they estimated the gains from trade by comparing the size of a “counter-factual” U.S. economy that would depend entirely on domestic sources compared with a nation (like the USA) that has ready access to foreign services and goods.

While the dollar value of U.S. imports is large, as a percentage of national spending it is actually really small.

There are varying impacts of open trade on individual industries – and the enterprises and their workers.

For garment and apparel companies the demand for cheap labor is “in-elastic” in economic lingo. Not much wiggle room or flexibility. That is why the companies go to East Asia for labor inputs.

For an American automaker, the import of German-made transmissions for installation in Detroit’s models is somewhat lesser of an impact (there are always alternatives).  US manufacturers used to be more “integrated” and made most of the components for their trucks and cars. Now the industry is defined as a global sourcer.

For U.S. farmers, the impact depends on where else in the world wheat is grown and the ready availability and pricing for that wheat. Trade is critical to the American farm belt.

Think of rare minerals used in manufacturing — if vital minerals are only available in certain areas of the globe, and are needed (say for making cell phones or other electronic products), the dependency is greater for U.S. manufacturers (again, in-elasticity reigns).

Tradeoffs in global trade exist everywhere: Lower consumer prices are enjoyed (as designer-label garments flow to U.S. retailers’ shelves from cheap East Asian labor sourcing) — but too many American workers may lose jobs and/or work for lower wages.  And in turn, local communities suffer.  The 2016 elections showed one of the results of that suffering as voters signalled their discontent with trade policies.

Global Trade ESG Issues

NBER researchers looked at a different topic in the trade bucket for their Working Paper: the effects of Fair Trade Certification.

The movement began led by a church-affiliated NGO in Holland and quickly spread throughout Europe and to the U.S.A. and various groups coalesced in the Fair Trade Labelling Organization (“FLO”) in 1997.

In this research effort, NBER authors Raluca Dragusanu and Nathan Nunn examined the impact of the Fair Trade movement on coffee producers in the Central American nation of Costa Rica, in the heart of the global coffee belt (typically countries near the Equator).

They looked at FLO impacts on incomes of coffee growers, their neighbors and communities.

Fair Trade policies, they assert, is a positive as it raises prices for local growers, to begin with, high enough to cover the cost of production. The higher prices are typically intended as well to raise the quality of life in the coffee-growing region.

Premium prices paid by buyers above the set minimums are used to build schools and establish scholarships, create local health care facilities, and various infrastructure, and to help improve growing practices.

Through fair trade practices, income rises in Fair Trade growing areas, for both certified growers and many of their non-growers neighbors.

Income levels were on average 3.5% higher for growers and as much as 7.5% for “skilled” coffee growers (when the “intensity of fair trade increases in an area).

The researchers found that price premiums for growers increased school enrollments (2%-to-5%) for children ages 13-to-17 — critical ages for young men and women preparing for their adult lives.

# # #

We found this and other NBER research interesting. We have “cold, hard facts” about the economy and trade and the “what-ifs” if present trade policies and practices are messed with, and the results are in the main “unknown”.

And we see that global trade is lifting people and their communities in a Central American country where coffee growing is an important agricultural pursuit.  And a benefit of open and fair trade.

Like climate change and many other public issues, there are plusses and minuses in trade affairs — and no easy answers!

Therefore, we can argue, let reason reign, common sense be applied — and science and facts and evidence-based research be the foundations of good public sector decision-making!

Thanks to NBER researchers for their efforts (in producing more than 1,000 Working Papers a year) to continue to produce research and surface evidence that can add to be leveraged to develop both public and private sector strategies.

You can learn more at:  www.nber.org

U.S. / Global Cities Showing the Way on Climate Change Solutions

Sustainability — Forward Momentum!

By Hank Boerner – Chairman & Chief Strategist – G&A Institute

U.S. / Global Cities Are Showing the Way on Climate Change Solutions — consider:  more than half of the world’s population (now at 7 billion) now live in cities. Many cities are vulnerable to the effects of climate change — rising seas; drought; severe storms; heat waves; winter blizzards…vicious storms of all types…and more.

City Fathers and Mothers are awake to the threats — and doing something about climate change!

While at the Federal level the public sector of the United States of America has abandoned the field to other nations to now lead on addressing climate change challenges, at the city/municipality level, there is a lot going on that is positive and encouraging.

Here’s a brief collection of recent events that spell out o-p-p-o-r-t-u-n-i-t-y at the domestic and global urban level.

The U.S. Conference of Mayors
At the recent U.S. Conference of Mayors meeting in Miami Beach (the 85th annual for the association), climate change issues were high on the agenda. Of course — many U.S. cities are at water level, on oceans-rivers-bays. New York; Miami; Baltimore; Philadelphia: Boston; San Francisco; Chicago; Cleveland; New Orleans; St Louis — need we go on?

At the annual conference there were plenaries, workshops, committee meetings, task force meetings, and more. The headlines coming out of the Conference of Mayors:

A survey of the members found many U.S. mayors are taking action on climate protection and planning even more steps in the future.

City governments are focusing on:

  • Purchase of renewable energy electricity (69% of respondents already generate or purchase and 22% are considering doing so);
  • utilization of low-carbon transport (63% buy green vehicles for municipal fleets; 30% are considering; this includes hybrids, electric, natural gas, biodiesel);
  • striving for greater energy efficiency, especially for new municipal buildings 71%; 65% for existing buildings — this includes new policies put in place;
  • the association has teamed with the Center for Climate and Energy Solutions (C2ES)**, to promote renew these programmatic approaches; this creates a framework for mayor and business leaders to collaborate to develop approaches to reduce carbon emissions, speed deployment of new technology, implement sustainable development strategies, and respond to the growing impacts of climate change.

Survey respondents were from 66 cities with populations ranging from 8.5 million to 21,000 across 30 of the U.S. states. These cities invest more than US$1.2 billion annually in electricity — a significant buying power to help create the changes needed in the municipal electricity market.

Collaboration — the survey demonstrated that cities are working with each other (90%) and with the private sector (87%) to accelerate action on climate change issues. This is important when considering the recent White House abandonment of the Paris Agreement.

Opportunity Spelled Out:

  • Half of responding cities are incentivizing energy efficiency in both new and existing commercial and residential buildings. There is significant room for growth here. And lots of opportunity for public-private sector collaboration.
  • Less than half of the cities have policies / programs to help businesses and their citizens choose renewable energy — more room for growth and opportunities for partnering.
  • 66% of the cities responding have put in place public charging stations; 36% are in the process of doing so with private sector partners (for electric vehicle charging).

Says Conference of Mayors CEO Tom Cochran: “The nation’s mayors are poised to take an even greater leadership role in fighting climate change and protecting cities from its negative impacts. Working together with the business community, we can achieve deeper results more quickly and broadly.”

While much progress is being made, the mayors collectively are striving to do more.

Notes Santa Fe Mayor Javier Gonzales, Alliance Co-Chair : “We need to create a baseline so we can measure our ongoing progress. Sustainability is a smart strategy for the future, and cities and companies need to learn from one another.”

One of the positive actions taken at the conference was adoption of a resolution — “Supporting a Cities-Driven Plan to Reverse Climate Change” — which notes that cities comprise 91% of the U.S. GDP, placing mayors at the center of marrying environmental protection with economic growth; and, it calls on the Trump Administration and the U.S. Congress to support the fight against climate change by fully committing to the Paris Climate Accord; the Obama Clean Power Plan; the Clean Energy Incentive Program; and other efforts to provide U.S. cities with the tools needed to combat climate change. (You can read the full text at: http://legacy.usmayors.org/resolutions/85th_Conference/proposedcommittee.asp?committee=Environment

# # #

There’s much more encouraging news from the municipal government level.

The Compact of Mayors (“C40”) is the world’s largest cooperative effort among mayors and city leadership working together to reduce GhG emissions and address climate risk in the world’s cities. The effort was launched by the United Nations General Secretary in June 2016. And in the year since:

652 cities have joined the effort;
— representing almost 500 million people residing in the urban centers;
— which is about 7% of the global population today.

Former New York City Mayor Michael Bloomberg (now returned to chair the eponymous Bloomberg LP organization after 12 years in office) is serving as the United Nations Secretary-General’s Special Envoy for Cities and Climate Change, and spearheads the Compact of Mayors initiative.

Ambitious plans: commitments to the Compact of Mayors are set to deliver half of the global urban potential GhG emissions reductions by 2020. But, there is still much more to do, the Compact notes, on the part of the nations in which the cities are located. (Like the USA!).

# # #

And…CDP’s Cities Initiative reports that more than 500 cities are now disclosing their initiatives related to climate change. More than US$26 billion in climate-related projects are underway or targeted.

CDP is providing a global platform for cities to measure, manage and disclose their environmental data on an annual basis. This is intended to help local governments manage emissions, build greater resilience and protect against the growing impacts of climate change. So far, cities are disclosing almost 5,000 climate actions.

And be sure to note this: there has been a 70% increase in cities’ sustainability-related disclosure since the Paris Agreement was adopted; 1,000-plus economic opportunities have been identified by almost 400 cities; and, 56% of cities identified opportunities to develop new businesses or industries linked to climate change.

More information for you at: https://www.cdp.net/en/cities

# # #

Then there is “America’s Pledge” — an effort involving 227 cities and counties, 9 states and 1,650 businesses and investors that have pledged to uphold the U.S.A. commitment to the Paris Agreement! (Reducing our country’s GhG emissions by 26% to 38% by 2025, compared to 2005 levels.) The group is led by California Governor Jerry Brown and Michael Bloomberg.

As The New York Times reported on July 11, 2017 (“US Cities, States and Business Pledge to Measure Emissions”):

Former Mayor/Bloomberg LP Chair Michael Bloomberg:
“The American government may have pulled out of the Paris Agreement, but American Society remains committed. We will redouble our efforts to achieve its goals.

California Governor Jerry Brown:
“Were sending a clear message to the world that America’s states, cities and businesses are moving forward with our country’s commitments under the Paris Agreement, with or without Washington DC.”

The new group will measure the effect (by 2025) of new climate actions by cities, states, business, universities, that sign on for the effort. The analysis will be performed by the World Resources Institute (WRI) and Rocky Mountain Institute.

# # #

Bloomberg Philanthropies
All of these efforts of course takes money!  Michael Bloomberg’s philanthropic arm – Bloomberg Philanthropies – has a cities-focused initiative: What Works Cities Initiative.

This is one of the largest efforts to help cities use data for making local decisions, and get technical assistance from experts through the  Bloomberg organization.

Four more cities just joined up: Arlington, Texas; Charleston, South Carolina; Fort Collins, Colorado; Sioux Falls, South Dakota. That makes 85 U.S. cities in 37 states are now participating.

Cities commit to a “WWC” Standard, using data to improve performance and results that make their residents’ lives better. More info at: https://whatworkscities.bloomberg.org/cities/

# # #

Why Is City-Level Action on Climate Change So Critical?

The total population of urban areas (486 areas) in the United States of America was 80.7% of the country’s total population in 2010, according to  an analysis by Reuters News.

More Americans are moving to urban areas, according to the 2010 census. (As reported by Reuters in March 2012.) The nation’s total population growth was 9.7% from 2000 to 2010; urban growth was 12.1%. In some places the growth was 50% — like Charlotte, North Carolina (64.%).

The most urbanized state in America is California — where 95% of the total population live in urban areas (35.4 million people).

Los Angeles/Long Beach/Anaheim is the nation’s second largest city (at 12,1 million residents); New York/Newark NJ is #1 (18.4 million); Chicago is #3, noted Reuters in the story.

So — we are keeping close watch on the significant efforts at the city/municipal level efforts in the United States of America with regard to developing climate change solutions.  Cities and states are showing the way for this nation, as the Federal government at least for now has abandoned climate change leadership.

Summing up:  With literally thousands of  local government units developing partnerships with the private sector, and with NGOs and other stakeholders, and looking to the U.S. capital markets to help fund infrastructure and other initiatives — a climate change economic boom is underway!  Are you part of it?  We see great o-p-p-o-r-t-u-n-i-t-y spelled out at the American municipal level.

# # #

Notes:

**Center for Climate and Energy Solutions (C2ES) is an independent, non-partisan, nonprofit organization working to forge practical solutions to climate change. Link: www.c2es.org.

 

 

Corporate Responsibility – Sustainability – Citizenship: Is It In Jeopardy in the Trump-ian Years? Don’t Think So!

by Hank Boerner – Chair & Chief Strategist – G&A Institute
April 17, 2017

The mid-1960s….the time of the wonderful beginnings of the modern era of Corporate Social Responsibility. Corporate Citizenship.  And then large corporations began backing off their prior commitments as new administrations came to power in Washington.

The relationship of large corporations to the general society (i.e., the rest of us) has long been of interest to me. My career has been an exciting journey through up and down cycles of clear demonstration of corporate social responsibility, corporate citizenship, environmental responsibility, by large corporations…and at times, and at times, a clear lack thereof.

The news has mostly been very positive for the past two decades about CSR and sustainability — and corporate citizenship. Will this continue in the months and years ahead?

This of course is a question on the minds of some as the Trump Administration and the Congress continue to at least verbally assault the New Era of Enlightenment of the corporate sector.

Corporate-Society relations — this is something I closely monitor and am involved with daily in our Governance & Accountability Institute work, of course. And the progress made, or at times lack of progress, is a subject area that I have often commented on in my writings over the years since the 1960s.

* * * * * * *

Consider:  U.S.A. – Industrial Powerhouse of the Postwar Era

The publisher of Time magazine (Henry Luce) commented that the 20th was the “American Century,” in great measure thanks to the fantastic production of the United States corporate community.

The nature of the post-World War II economy was firmly set in place by the production prowess of the war years (1941-1945), when the United States of America was the “Arsenal of Democracy,” with fantastic output of weapons and war materiel by large companies. (Ford Motor stopped making cars and instead made B-24 bombers; General Motors turned out tanks, with innovative transmissions that became best-selling features on post-war autos, etc.)

The rapid military buildup helped to lift large U.S. manufacturers and their tens of thousands of workers out of the dark days of the Great Depression era and into renewed prosperity. A “military-industrial” complex thus arose that continued through the decades onward to today. The great American middle class was set firmly in place after the war and the world’s greatest consuming economy was created in catering to the needs and wants of the population.

Because American and British bombers had devastated the factories of Germany and in other European countries, and American bombers the manufacturing facilities of the Empire of Japan, the U.S.A. dominated postwar [world] trade, for many years accounting for fully half of global trade flows.

* * * * * * *

Civil Rights in Focus

Despite the broad and inspiring progress made in uplifting American families to middle class status, not all “boats rose” on the rising tide of progress.  The benefits of Corporate America were not evenly enjoyed.

The relationship of the corporate sector, and of the public sector, and the nation’s African-American population, was over the years problematic. There was discrimination in hiring, in training, in promotion, in access to goods and services; the African-American community steadily lagged behind white peer groups.

The sweeping Civil Rights Act of 1964, followed by The Voting Rights Act of 1965, set in place public sector commitments to change things, to open up opportunities in employment, in access to college education, to affordable home mortgages, and more.

Of course, not all American citizens welcomed the changes; particularly in the American South, there was pushback and protests and defiance of Federal anti-discrimination laws. (Including the landmark 1954 Brown vs. Board of Ed, which seemed to assure equal education for all citizens.)

* * * * * * *

The Rise of Civil Unrest in the 1960s

With rising civil unrest in the inner cities, filling with African-Americans in the Great Migration north, there were riots in 1963 and 1964 in Birmingham and Savannah; in Chicago and Philadelphia; with both whites and blacks involved, battling each other, and more often battling police.

In 1965, there were riots in Los Angeles (the “Watts” neighborhood), 4,000 people were arrested, 34 people were killed, hundreds were injured, and tens of millions of dollars of property damage resulted.

The year 1966 brought unrest to Chicago, Los Angeles, Cleveland (“Hough” neighborhood) — 43 disorders in the U.S. in all. More people died; the National Guard was mobilized; more protests were in store for the next year. And in Spring into Summer 1967, there were riots in Tampa, Cincinnati, Atlanta, Newark and Northern New Jersey, and Detroit.

The Report of The National Advisory Commission on Civil Disorders (issued March 8, 1968) noted: The summer of 1967 again brought racial disorders to American cities, and with them, shock, fear and bewilderment to the nation. The worst came during a 2-week period in July, first in Newark (N.J.) and then in Detroit.

Said the authors. this is our basic conclusion: Our nation is moving toward two societies, one black, one white — separate and unequal.

Reaction to the disorders has quickened the movement and deepened the division. Discrimination and segregation have long permeated much of American life; they now threaten the future of every American. (end quotes).

* * * * * * *

An important irritant: the increased involvement in the war between North and South Viet Nam — a conflict in which young men of privilege (attending Ivy League schools, for example) could skip military service while a high proportion of African-Americans would be drafted and shipped to the war zone.

* * * * * * *

Corporate Sector Response

After passage of civil rights legislation, companies doing business with the Federal government were required to meet certain requirements; state and local governments had to come in line with affirmative action (such as set-asides in hiring for members of minority communities).

As the rules-of-the-road of the Federal civil rights statutes were set in place, both government agencies and America’s largest employers began to change their strategies, practices and policies to match the law of the land. This was not always easy — and certainly was not met with universal acceptance in many quarters of our population.

As the corporate community adjusted, G.A. Lloyd, a respected director public affairs/ community affairs manager at Humble Oil and Refining Company became an active public speaker on the changes taking place.

He wrote a small booklet: The Human Side of History (published 1967 – 16 pages) to help to educate his corporate community colleagues in the business sector on the changes taking place. He delivered a delivered powerful speech at University of Houston and around the Southwest, in late-December 1967, a time when I had been appointed as the “citizenship officer” of my employer, American Airlines (so I was paying close attention).

The Great Progress Made in the Private Sector

Mr. Lloyd advised us that “…leadership socially-conscious companies business organizations” such as those encouraged in the day’s electric utility industry association) were striving to make a difference. (Was this the beginning of modern-day “corporate social responsibility”? Perhaps.)

The corporate functions involved included public relations, community affairs/ community relations and philanthropy.

His employer — Humble Oil Company – in November 1967 was reacting very positively to key government action: passage of the Federal Civil Rights Act and the Voting Rights Act

The chairman of the board of his company, M.A. Wright, in October 1967 said: “The business community’s involvement with social problems must take a new look. In the search for solutions, they must bring into play their leadership and analytical capabilities. They must devise new and better approaches to existing public programs. Businessmen have no practical choice but to insist social problems be given the same analytical treatment that business uses in solving its own problems. ”

There were three outstanding business attributes and resources to bring to bear, the common wisdom told us: the three E’s of education, employment, environment.

G.A. Lloyd was busily telling business and academic audiences, “poor youths” were being put to work in the NASA Manned Space Center in Houston, Texas; 187 youths were recruited, paid a wage and provided training (“learning skills” was important).

Note the accepted language of the day: They were “economically-deprived boys and girls” from families of “the hard core unemployed,” and the objective was to keep them from falling into poverty as they grew up. They learned to type, run duplicating machines, operate machinery, and learn about electronic equipment.

The community-based programs that they were recruited from included: Job Fair; Junior Student Trainee Program; Job Opportunities for Youth (“JOY”); Vocational Education Program; and Back to School Youth Opportunity Campaign. Buses picked the students up, brought them to work and back home.

By the year 1967, Lloyd informed us, some 348 U.S. insurance companies had agreed to invest $1 billion to upgrade U.S. “slums” (concentrated primarily in major U.S. cities).

And more good news:

U.S. Gypsum (building materials) bought or optioned tenement buildings in Harlem and a handful in Cleveland to rehabilitate.

Smith, Kline & French (the Philadelphia pharma) rehabbed buildings in its neighborhood and sold them to the local housing authority.

Hallmark Cards in its home city of Kansas City planned over the next 16 years (that would be to 1983) to invest more than $100 million in rehabbing a “run-down” 85-acre area.

Polaroid (then based Cambridge, Massachusetts) established a “job clearing house” and invited colleagues in from more than 700 Boston-region firms to hire “underprivileged Negros” sans high school diplomas to earn that diploma on company time and expense. Companies responding supplied interviewers at the clearinghouse.

Met Life in New York City was recruiting new employees through The Urban League and social service organizations and put them through a 13-week training course. This process includes a “culture fair test” (no details provided).

Pacific Bell & Telephone dispatched African-American and Spanish-speaking recruiters out to barber shops, pool halls, beauty parlors and “where ever people meet” to identify potential new employees. Those selected were given training to develop skills; 18 of the first 20 men and 21 of the first 22 women became full-time employees.

Jobs Now (operating in Chicago) helped street gang members and those with minor criminal offenses to get local employers to look at candidates that had been on the straight-and-narrow for at least six months. High school diplomas were waived.

For his company, Humble Oil, applicants with low math and “chemical comprehension” (knowledge) were provided with lower entrance qualification testing and given training. (“They were educationally-deprived,” he noted. (In those days before self-service at gas stations the company was training minority men for jobs as service station driveway salesmen at the pump in Newark, New Jersey; Baltimore; and Los Angeles, working with local job development agencies.)

What did all of this mean for the people and communities involved?

  • They got a job – and a salary. And were trained.
    Dignity and self-respect was restored.
    They were able to buy an affordable home. With an affordable mortgage.
    There were less people on the welfare rolls.
    More minority youth were able to attend college. And become professionals.
    There was less potential for civil unrest – the riots of recent past years.
    Neighborhoods could be rehabilitated.
    It was good for business — especial for the private sector.  Major companies and small businesses would prosper.
    Entrepreneurial businesses gained a good foothold.
    These were optimum results at minimum cost, as some experts observed.

* * * * * * *

Hedley Donovan, Editor-in-Chief of Time magazine and one of the most influential of American journalists, observed that it was good business to apply the same creative radicalism used to create good, and sometimes great, products, into create “good” and “great cities.”

* * * * * * *

Importantly, a manager of public relations at giant DuPont (one of the dominant industrial firms of the era), advised that a major objective of American business should be “public service,” not just pursuit of profit. That is, public service through new or better products for the benefit of humankind…the objective is “just making money” was not sufficient, in his view.

Even in those faraway days there were many men (mostly men) who had stopped looking for work and too much unemployment concentrated in minority communities.  American corporations tried to do their part to change this situation.

This was all good news, of course, but there were changes in the wind.

* * * * * * *

As a long-time student of the Corporate-Society Dynamic, I have concerns that with the election results of November 2016, there might be backsliding in the efforts of Corporate America to be “better citizens,” and to continue to “do well by doing good” in terms of benefiting the American and global societies.

We shall see. The early signs are very encouraging. So far, this is not a revival of the actions of Richard Nixon presidency. Even though then-President Nixon encouraged adoption of the Federal Environmental Act and created the US EPA, his dog whistles to the business community helped to bring about an end to much of the above described good works of many major companies.

With the rise of right-leaning political leadership, the era of “Neutron Jack” Welch at General Electric would become the model for other CEOs. Slash and burn, chop away at R&D budgets, get rid of people, concentrate on profits and not people.  And please Wall Street. Not the many Main Streets of America.

Good news:  We have not yet seen a repeat of the rhetoric of Professor Milton Friedman as he so eloquently stated in The New York Times Magazine of September 13, 1970: The Social Responsibility of Business is to Increase its Profits. (You can read that essay here: http://www.colorado.edu/studentgroups/libertarians/issues/friedman-soc-resp-business.html)

In case you have not read the piece, the summation of the essay was: “…the doctrine of ‘social responsibility‘ taken seriously would extend the scope of the political mechanism to every human activity. It does not differ in philosophy from the most explicitly collectivist doctrine. It differs only by professing to believe that collectivist ends can be attained without collectivist means. That is why, in my book Capitalism and Freedom, I have called it a ‘fundamentally subversive doctrine’ in a free society, and have said that in such a society, ‘there is one and only one social responsibility of business–to use it resources and engage in activities designed to increase its profits so long as it stays within the rules of the game, which is to say, engages in open and free competition without deception or fraud.’ ”

We have come a long, long way from those positions as stated by a respected academician of his time. This is so very long ago in today’s corporate rhetoric on corporate citizenship.

What will the future hold? We’re closely watching the Trump Administration and the Congress to hear the dog whistles and see the signals perhaps being quietly sent to the business and investing communities.

With all the progress being made by “universal owners” (the all-important independent fiduciaries of our time), and wide-awake NGOs and other key stakeholders, I don’t think we’ll have a Nixon-ian and Ronald Reagan type of backsliding. Not just yet. That’s the good news.

Your thoughts?

“Wolf” Now at the Head of EPA – No Disguises Needed to Fool the Sheep (er, We-the-People)

Is the Wolf disguised in sheep’s clothing? Nah — not to worry about any disguising — the wolf’s intentions were well signaled to us — the Denier/Destroyer-in-Chief at U.S. EPA is doing exactly what we expected him to do….

Remember from childhood days when our parent or caregiver told us the story of the “wolf in sheep’s clothing…” We were being cautioned, in one of the many of our early “life’s lessons,” to be careful about the advice we received, to look beyond the words, to watch people’s actions as well as hearing their words.

Because — often the legendary “wolf” would don sheep’s clothing (hey, that’s a great disguise) to mingle with the innocent flock of sheep (that the ravenous wolf really wanted to feed on). Watch out, sheep — and people!

This tale comes down to us in various forms came from different sources, including the Holy Bible, New Testament, with Jesus warning about false prophets. We’re reminded of this brief moral tale (a perennial fable of sorts that developed over the centuries) as we watched the nominees of the Trump Administration.

What do they have to say to pass muster at the U.S. Senate nominations hearing — and what are their real intentions — what will they in fact do while in office to harm our society?

Well, we don’t have to watch the top wolf there at 1200 Pennsylvania Avenue, N.W. — just down the road from the White House. The new EPA Administrator Scott Pruitt let us know with both his past performance and his clearly-stated words his intentions now that he is at the helm of the US EPA ship: he is not a believer that climate change has any relationship to human activities. Like carbon emissions – GhGs to be more accurate.

Administrator Pruitt told his CNBC interviewer on a popular cable program that many investors tune in to: “I think that measuring with precision human activity on the climate is something very challenging to do and there’s tremendous disagreement about the degree of impact, so … I would not agree that it’s a primary contributor to the global warming that we see.  (Emphasis ours.)

Pruitt:  “We need to continue the debate…and the review…and the analysis.” CO2 emissions are not the primary cause, the Administrator mused.

Past Actions – Prelude to Future Actions?

Keep in mind here that this is the former Oklahoma Attorney General who sued the EPA some 13 times.

As Huffington Post’s Dominique Mosbergen put it in January 2017: “It’s a safe assumption that Pruitt could be the most hostile EPA Administrator toward clean air and safe drinking water in history.”

Oh, and on his Linked In page, pre-EPA AG Pruitt noted he was “…the leading advocate against the EPA’s activist agenda…”

Commented writer Mosbergen about EPA’s role in our society (and that agenda):

“The EPA’s mission is to protect human health and the environment by issuing regulations and enforcing the nation’s environmental laws. Under President Barack Obama, the EPA created the Clean Power Plan, which aims to cut carbon pollution from power plants. It also issued new guidance for the Clean Water Act to protect thousands of waterways and wetlands, and introduced measures to limit emissions from heavy-duty trucks and reduce smog and mercury emissions from industrial sources.”

Yes, We Can Expect Changes — Dramatic at That

Now that Administrator Scott Pruit is firmly installed by fellow Senate Republicans at the EPA — we can expect these positive, fact-based actions to rapidly change. For example, here is what his own EPA (the Agency’s official web site) says about this (today):

“Recent climate changes, however, cannot be explained by natural causes alone. Research indicates that natural causes do not explain most observed warming, especially warming since the mid-20th century. Rather, it is extremely likely that human activities have been the dominant cause of that warming…”

And as posted before Election Day in October 2016: “…greenhouse gas emissions have increased the greenhouse effect and caused Earth’s surface temperature to rise. The primary human activity affecting the amount and rate of climate change is greenhouse gas emissions from the burning of fossil fuels.”

Question: Will these posts be up there next Monday morning?

These EPA positions are based in part on the National Research Council work — “Advancing the Science of Climate Warming,” published by National Academies Press.

We should keep watch on all of the EPA information channels to see the interference of the new leadership in the good work of the Agency.  Watch for fake news, of course, and counter that with FACTS.  Science is cool as reference point.

Watch for missing news — up there today – gone in the morning — too much information for the sheep.

Other Governments on the Move

Beyond the EPA Washington DC offices, of course other governments believe in environmental protection — and climate change measures!  (Think”  Paris Accord, COP 21 – now in danger in the Administrator’s hand.)

The Intergovernmental Panel on Climate Change (IPCC) said in February 2017 the above after the COP 21 Paris gathering of the world’s government leaders: “The selection of the authors for the IPCC’s 1.5oC report is the first step in the critical journey started at COP 21. This special report will facilitate this important journey by assessing the available science and highlighting the policy options available to support the achievement of a climate safe, equitable and sustainable world,” said Debra Roberts, Co-Chair of Working Group II.”

Assessments of climate change by the IPCC, drawing on the work of hundreds of scientists from all over the world, enable policymakers at all levels of government in many nationsto take sound, evidence-based decisions.

They represent extraordinary value as the authors volunteer their time and expertise. The running costs of the Secretariat, including the organization of meetings and travel costs of delegates from developing countries and countries with economies in transition, are covered through the IPCC Trust Fund…”

Can we now expect that the U.S.A. — with EPA in the lead — will be absent from study and deliberations? Withdraw financial and other support from the IPCC organization?  Deny the outcomes of any research?  (Hmmm….we have to have more studies…”)

That’s what classic deniers/destroyers do in public policy circles — create & sow doubt, deny agencies their funding, change staff to hire more kool-aid drinkers, destroy enforcement capabilities  — and remove “climate change” or “global warming”references  from official web sites.

As the Republican Governor of Florida recently did — the state agencies can’t use such references (climate change?  what’s that?).

Never mind that parts of his state will be underwater with seas rising — including Mar-a-Lago, the “other” White House sitting quite near the beautiful ocean’s edge!.  Much of the Florida expensive waterfronts will move considerably far inland toward Disney World and the I-4 corridor as the oceans warm, ice shelfs recede and glaciers in Antarctica melt…and…and…

OK — we were and are warned — the dangerous wolf is in the head office and not in disguise at the EPA and the sheep (we, The People) will surely be the victims of his wrongheaded and dangerous strategies and tactics as long as he is in control.

We hear you, former EPA Administrator Gina McCarthy:  “When it comes to climate change, the evidence is robust and overwhelmingly clear that the cost of inaction is unacceptably high.”   We miss you, for sure!

News From the Sustainability Front as The Trump White House Makes Controversial Moves on ESG Issues — Actions and Reactions

by Hank Boerner – Chair/Chief Strategist – G&A Institute

February 23, 2017
Forward Momentum! – Sustainability 2017

Are you like many of us having sleepless nights and anxiety spells as you watch the antics of the Trump White House and the creeping (and similarly moving-backwards) effects into the offices of important Federal agencies that the Administration is taking over?

Consider then “other news” — and not fake news, mind you, or alt-news — but encouraging real news that is coming from OTHER THAN the Federal government.

We are on track to continue to move ahead in building a more sustainable nation and world — despite the roadblocks being discussed or erected that are designed to slow the corporate sustainability movement or the steady uptake of sustainable investing in the capital markets.

Consider the Power and Influence of the Shareowner and Asset Managers:

The CEO of the largest asset manager in the world — BlackRock’s Larry Fink — in his annual letters to the CEOs of the S&P 500 (R) companies in January said this: “Environmental, social and governance (ESG) factors relevant to a company’s business can provide essential insights into management effectiveness and thus a company’s long-term prospects. We look to see that a company is attuned to the key factors that contribute to long-term growth:
(1) sustainability of the business model and its operations; (2) attention to external and environmental factors that could impact the company; (3) recognition of the company’s role as a member of the communities in which it operates.

A global company, CEO Fink wrote to the CEOs, needs to be “local” in every single one of its markets. And as BlackRock constructively engages with the S&P 500 corporate CEOs, it will be looking to see how the company’s strategic framework reflects the impact of last year’s changes in the global environment…in the ‘new world’ in which the company is operating.

BlackRock manages US$5.1 trillion in Assets Under Management. The S&P 500 companies represent about 85% of the total market cap of corporate equities.  Heavyweights, we would say, in shaping U.S. sustainability.

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As S&R investment pioneer Steve Viederman often wisely notes, “where you sit determines where you stand…” (on the issues of the day).  More and more commercial space users (tenants and owners) want to “sit” in green spaces — which demonstrates where they “stand” on sustainability issues.

Consider:  In the corporate sector, Retail and other tenants are demanding that landlords provide “green buildings,” according to Chris Noon (Builtech Services LLC CEO). The majority of his company’s construction projects today can easily achieve LEED status, he says (depending on whether the tenant wanted to pursue the certification, which has some cost involved). The company is Chicago-based.

This is thanks to advances in materials, local building codes, a range of technology, and rising customer-demand.

End users want to “sit” in “green buildings” — more than 40% of American tenants recently surveyed across property types expect now to have a “sustainable home.” The most common approaches include energy-saving HVAC systems, windows and plumbing. More stringent (local and state) building codes are also an important factor.

Municipalities — not the Federal government — are re-writing building codes, to reflect environmental and safety advances and concerns. Next week (Feb 28) real estatyer industry reps will gather in Chicago for the Bisnow’s 7th Annual Retail Event at the University Club of Chicago to learn more about these trends.

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Institutional investors managing US$17 trillion in assets have created a new Corporate Governance framework — this is the Investor Stewardship Group.

The organizers include such investment powerhouses as BlackRock, Fidelity and RBC Global Asset Management (a dozen in all are involved at the start). There are six (6) Principles advanced to companies by the group that including addressing (1) investment stewardship for institutional investors and (2) for public corporation C-suite and board room. These Principles would be effective on January 1 (2018), giving companies and investors time to adjust.

One of the Principles is for majority voting for director elections (no majority, the candidate does not go on board). Another is the right for investors to nominate directors with information posted on the candidate in the proxy materials.

Both of these moves when adopted by public companies would greatly enhance the activism of sustainable & responsible investors, such as those in key coalitions active in the proxy season, and year-round in engagements with companies (such as ICCR, INCR).

No waiting for SEC action here, if the Commission moves away from investor-friendly policies and practices as signaled so far. And perhaps – this activism will send strong messages to the SEC Commissioners on both sides of the aisle.

Remember:  $17 trillion in AUM at the start of the initiative — stay tuned to the new Investor Stewardship Group.  These are more “Universal Owners” with clout.

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Not really unexpected but disappointing nevertheless:  The Trump Administration made its moves on the Dakota Access Pipeline (DAPL), part of the Bakken Field project work, carrying out a campaign promise that caters to the project’s primary owners (Energy Transfer Partners**) and other industry interests, S&R investors are acting rapidly in response.

The company needed a key easement to complete construction across a comparatively small distance. Except that…

  • The Standing Rock Sioux Tribe says the route would cross their drinking water source, impact their sacred sites, and threaten environmentally-sensitive areas;
  • would violate treaty territory without meeting international standards for their consent; (this is the 1868 Fort Laramie Treaty, which according to the U.S. Constitution, should be the supreme law of the land);
  • and ignore alleged shortcomings in the required environmental review (under the National Environmental Policy Act – NEPA).

These are “abuses”, and banks and financial services firms involved may be complicit in these violations by the nature of their financing, S&R investors note. Their involvement in the project financing could impact their brands and reputations and relationships with society. And so S&R shareholders are taking action.

Boston Common Asset Management, Storebrand Asset Management (in Norway) and First Peoples Worldwide developed an Investor Statement to Banks Financing the DAPL. The statement — being signed on to by other investors — is intended to encourage banks and lenders to support the Rock Sioux Tribe’s request for re-routing the pipeline to not violate — “invade” — their treaty-protected territory. The violations pose a clear risk, SRI shareholders are saying.

The banks involved include American, Dutch, German, Chinese, Japanese, and Canadian institutions.  They in turn are owned by shareholders, public sector agencies, and various fiduciaries — “Universal Owners,” we would say.

The banks include: Bayerische Landesbank (Germany); BBVA (Argentina); Credit Agricole (France); TD Securities (Canada); Wells Fargo; ABN AMRO (The Netherlands); Bank of Tokyo-Mitsubishi UFJ; and Industrial and Commercial Bank of China, and others.

The shareholders utilizing the Investor Statement say they recognize that banks have a contractual obligation with the respect to their transactions — but — they could use their influence to support the Tribe’s request for a re-route…and reach a “peaceful solution” acceptable to all parties.

As The Washington Post reported on January 24th, soon after the Trump Administration settled in, President Trump signed Executive Orders to revive the DAPL and the Keystone XL pipelines. “Another step in his effort to dismantle former President Barack Obama’s environmental legacy,” as the Post put it.

One Executive Order directed the U.S. Army Corps of Engineers to “review and approve in an expedited manner” the DAPL. Days later the Corps made their controversial decision, on February 7th reversing course granting Energy Transfer Partners their easement. This week the remaining protestors were removed from the site (some being arrested).

The sustainable & responsible & impact investment community is not sitting by to watch these egregious events, as we see in the Investor Statements to the banks involved. The banks are on notice — there are risks here for you.

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May be what is happening in the asset management and project lending activities related to the project is the IBG / YBG worldview of some in the financial services world:  I’ll Be Gone / You’ll Be Gone when all of this hits the fan one day.  (Like the massive Ogalala Aquifer being contaminated by a pipeline break. The route of the extension is on the ground above and on the reservation’s lake bed.  Not to mention the threats to the above ground Missouri River, providing water downstream to U.S. states and cities.)

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Energy Transfer Partners, L.P:  (NYSE:ETP)  This is a Master Limited Partnership based in Texas.  Founded in 1995, the company has 71,000 miles of pipelines carrying various products. The company plans to build other major pipelines — the Rover Project — to carry product from the shale regions (Marcellus and Utica) across the Northern U.S. state east of the Mississippi.  ETP LP acquired Sunoco (remember them?).

Mutual Funds – Bond Holders – other key fiduciaries with brands of their own to protect — are funding the operations of ETP LP.

Brand names of equity holders include Oppenheimer; Goldman Sachs Asset Management; CalPERS; JPMorgan Chase.  Bond holders include Lord Abbett, PIMCO, Vanguard.  There are 567 institutional owners — fiduciaries — with some 45% of ownership, according to Morningstar. Partners include Marathon Petroleum Company (NYSE:MPC) and Enbridge (NYSE:ENB). (Bloomberg News – August 2, 2016 – both firms put $2 billion in the project and related work.)

The Partnership used to have an “Ownership” explanation on its web site — now it’s disappeared. But you can review some of it in Google’s archived web site pages here: http://webcache.googleusercontent.com/search?q=cache:http://www.energytransfer.com/ownership_overview.aspx&num=1&strip=1&vwsrc=0

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We are seeing in developments every day (like these above with non-governmental strategies and actions) that hold out promise for corporate and societal sustainability advocates and sustainable investment professionals that with — or without — public sector support, the Forward Momentum continue to build.

We’ll share news and opinion with you — let us know your thoughts, and the actions that you / your organization is taking, to continue the momentum toward building a better future…a more sustainable nation and world.

Out the Seventh Generation, as the Native American tribes are doing out in the American West in protecting their Treaty lands.  In that regard we could say, a promise is a promise — the Federal and state governments should uphold promises made in treaties.  Which are covered as a “guarantee” by the U.S. Constitution that some folk in politics like to wave around for effect.

FYI — this is Article VI:  “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land, and the Judges in every State shall be bound thereby…”