Corporate sustainability has become one of the most complex and controversial issues businesses face today. Lean too far into promoting all things “green” and you run the risk of drawing unwanted scrutiny. Ignore the very real – and growing – global sustainability reporting requirements and you will face serious fines and a reputational nightmare.
In response, many companies have simply stopped talking about sustainability altogether.
One recent analysis found that the number of mentions of the phrases “environmental, social and governance”, “ESG”, “diversity, equity, and inclusion”, “DEI”, or “sustainability” on corporate earnings calls of US-listed companies declined by 31 per cent in April-June of 2023, versus the same period a year earlier.
The phenomenon, which has come to be known as “green hushing”, is the result of several factors. For one, there has been localised ESG backlash whereby investor groups, lawmakers and media figures have begun speaking out against corporate ESG initiatives, suggesting they run counter to fiduciary responsibility. In fact, some
150 anti-ESG bills have been introduced by US lawmakers so far in 2024. And, according to a
report from ISS-Corporate, 13 per cent of shareholder proposals submitted for this year’s proxy season are focused on countering ESG initiatives. In addition, new “greenwashing” instruments introduced in the
European Union, the
United States, the UK and
Australia – along with several individual
US states and
EU member states – penalise companies for making sustainability claims they cannot substantiate.
Follow the rules, not the hype
But don’t let this rising tide of sustainability silence fool you. Whether they choose to talk about it or not, companies are increasingly on the hook to disclose more detail than ever about how sustainable their business practices truly are. Now, however, these communications will not take the form of stylised marketing slicks and self-promotional press releases. They will be mandated, assured and highly detailed risk reports that show proof by-the-numbers, connecting sustainability strategy to real-world business risks and opportunities.
Several new regulations are forcing this change. There is the European Union’s (EU)
Corporate Sustainability Reporting Directive (CSRD), which officially took effect this year, the
EU Corporate Sustainability Due Diligence Directive (CSDDD), which was approved by the Legal Affairs Committee of the European Parliament in March, and the
international standards for corporate sustainability disclosure on climate-related risks, introduced last year by the IFRS’ International Sustainability Standards Board (ISSB). In the US, the Securities and Exchange Commission has recently
adopted rules to enhance and standardise climate-related disclosures for investors, which it was forced to
quickly pause pending scrutiny by Republican lawmakers and a review by the US Court of Appeals.
While the situation in the US certainly highlights the controversial nature of sustainability-focused regulation, business leaders should not be distracted by the noise. Between the European regulations that have already taken effect and the international accounting standards already being adopted around the globe, businesses everywhere will need to disclose information on what they see as the risks and opportunities arising from social and environmental issues, and also on the impact of their activities on people and the environment.
The CSRD alone includes some of the most rigorous sustainability reporting requirements ever to be imposed on businesses, among them the responsibility to disclose sustainability related risks in their own business and in those of their suppliers, and the requirement to have all that information and data scrutinised and evaluated by independent assessors for assurance purposes. By including suppliers in the mix – many of whom will be much smaller companies – the regulation ensures that a wide variety of companies around the globe, not just the largest European businesses, will need to comply.