FinanceMap’s analysis scrutinized the strategies of 45 titan asset management firms. Their threefold criteria encompassed portfolio alignment with climate objectives, effective stewardship of their invested companies, and genuine engagement with sustainable finance policies. The results are concerning: a staggering 95% of portfolios failed to align with the imperative IEA Net Zero Emissions by 2050 Scenario.
The research also revealed that these financial behemoths are holding nearly three times the equity value in fossil fuel enterprises compared to their ‘green’ investments. The definition of ‘green’ here leans on the EU Taxonomy and Bloomberg data. Equally alarming is the 45% dip in top-tier Stewardship asset managers since 2021, those once hailed for their groundbreaking climate stewardship practices.
Though European asset managers, such as Legal & General Investment Management, BNP Paribas, and UBS, demonstrate commendable engagement with their investee companies, their American counterparts present a grim scenario. US firms like BlackRock, Vanguard, and Fidelity Investments have shown declining or consistently low stewardship scores, hinting at a worrying trend in the US’s approach to environmental, social, and governance factors.
Even as these revelations come to light, the irony lies in the fact that 86% of these asset managers are members of at least one industry group that actively oppose the very sustainable finance policies needed for global decarbonization.
Daan Van Acker, FinanceMap’s Program Manager, summarizes the situation aptly: “While they may talk the talk, most asset managers are not walking the walk.”
For access to the report, readers can visit FinanceMap.org.
nature-clouds-hdr-phenomenon, 19 August 2014, 20:21, Wikimedia Commons
Global ecocide law movement promises a sustainable tomorrow
The growing global momentum for an ecocide law reflects a heightened awareness of the imperative to protect the environment for future generations. As nations unite to combat ecocide, hope for a sustainable and secure future strengthens.
Netherlands proposes ecocide law
In the Netherlands, Member of Parliament Lammert van Raan of Partij voor de Dieren (Party for the Animals) has introduced a law proposal to criminalize ecocide. The proposal, which aims to hold individuals accountable for serious environmental damage caused by human actions or inaction, is currently undergoing a four-week public consultation period. If approved by Parliament, the bill will become law, reflecting the growing social opinion on the importance of protecting the environment. This move is seen as a significant step towards preventing ecocide globally, with various organizations, including Stop Ecocide NL and Stop Ecocide International, supporting the initiative.
OSCE calls for international ecocide law
The Parliamentary Assembly of the Organization for Security and Co-operation in Europe (OSCE) has made a groundbreaking endorsement, urging its participating States to incorporate ecocide as a concept in national and international law. This endorsement, part of the Final Declaration from the 30th Annual Session in Vancouver, highlights the rising concern over microplastic and nanoplastic pollution and calls for reducing greenhouse gas emissions according to the Paris Agreement. Jojo Mehta of Stop Ecocide International welcomes this intervention, emphasizing that recognizing ecocide as a crime in both peacetime and conflict can effectively deter severe and long-term environmental harm.
Global Greens Congress backs ecocide law
At the Global Greens Congress in South Korea, representatives from Green Parties, Indigenous communities, civil society, and NGOs from around the world formally endorsed the establishment of an international crime of ecocide. The endorsement statement by the Global Greens emphasized the urgent need for legal recognition and a global framework to address ecocide. This move aims to shift attitudes, policy decisions, and cultural behavior toward protecting vital ecosystems and endangered species. The endorsement marks a collective effort to strengthen legal frameworks and accountability in environmental protection.
Kakhovka Dam destruction: A case of ecocide
In southern Ukraine, the breach of the Kakhovka Dam has caused devastating consequences for both humans and the environment. The ecological impacts of this disaster have been likened to “ecocide,” highlighting the gravity of the situation. Ukraine called on the international community to provide expertise and assistance to assess the full extent of the damage suffered. With the recognition that crimes of this scale require independent international investigations, Ukraine seeks cooperation with the International Criminal Court (ICC). The incident underscores the urgency of recognizing ecocide as a standalone crime, applicable in both wartime and peacetime, to prevent severe and widespread environmental harm.
The global momentum behind the push for an ecocide law signifies the increasing awareness of the need to protect the environment and ensure the well-being of the planet for future generations. As nations and organizations come together to address ecocide, the hope for a sustainable and ecologically secure future grows stronger.
The U.S. Supreme Court has ruled in Sackett v. EPA that federal protection of wetlands encompasses only those wetlands that directly adjoin rivers, lakes and other bodies of water. This is an extremely narrow interpretation of the Clean Water Act that could expose many wetlands across the U.S. to filling and development.
Under this keystone environmental law, federal agencies take the lead in regulating water pollution, while state and local governments regulate land use. Wetlands are areas where land is wet for all or part of the year, so they straddle this division of authority.
Swamps, bogs, marshes and other wetlands provide valuable ecological services, such as filtering pollutants and soaking up floodwaters. Landowners must obtain permits to discharge dredged or fill material, such as dirt, sand or rock, in a protected wetland.
This can be time-consuming and expensive, which is why the Supreme Court’s ruling on May 25, 2023, will be of keen interest to developers, farmers and ranchers, along with conservationists and the agencies that administer the Clean Water Act – namely, the Environmental Protection Agency and the U.S. Army Corps of Engineers.
For the last 45 years – and under eight different presidential administrations – the EPA and the Corps have required discharge permits in wetlands “adjacent” to water bodies, even if a dune, levee or other barrier separated the two. The Sackett decision upends that approach, leaving tens of millions of acres of wetlands at risk.
The Sackett case
Idaho residents Chantell and Mike Sackett own a parcel of land located 300 feet from Priest Lake, one of the state’s largest lakes. The parcel once was part of a large wetland complex. Today, even after the Sacketts cleared the lot, it still has some wetland characteristics, such as saturation and ponding in areas where soil was removed. Indeed, it is still hydrologically connected to the lake and neighboring wetlands by water that flows at a shallow depth underground.
In preparation to build a house, the Sacketts had fill material placed on the site without obtaining a Clean Water Act permit. The EPA issued an order in 2007 stating that the land contained wetlands subject to the law and requiring the Sacketts to restore the site. The Sacketts sued, arguing that their property was not a wetland.
In 2012, the Supreme Court held that the Sacketts had the right to challenge EPA’s order and sent the case back to the lower courts. After losing below on the merits, they returned to the Supreme Court with a suit asserting that their property was not federally protected. This claim in turn raised a broader question: What is the scope of federal regulatory authority under the Clean Water Act?
What are ‘waters of the United States’?
The Clean Water Act regulates discharges of pollutants into “waters of the United States.” Lawful discharges may occur if a pollution source obtains a permit under either Section 404 of the act for dredged or fill material, or Section 402 for other pollutants.
The Supreme Court has previously recognized that the “waters of the United States” include not only navigable rivers and lakes, but also wetlands and waterways that are connected to navigable bodies of water. But many wetlands are not wet year-round, or are not connected at the surface to larger water systems. Still, they can have important ecological connections to larger water bodies.
In 2006, when the court last took up this issue, no majority was able to agree on how to define “waters of the United States.” Writing for a plurality of four justices in U.S. v. Rapanos, Justice Antonin Scalia defined the term narrowly to include only relatively permanent, standing or continuously flowing bodies of water such as streams, oceans, rivers and lakes. Waters of the U.S., he contended, should not include “ordinarily dry channels through which water occasionally or intermittently flows.”
Acknowledging that wetlands present a tricky line-drawing problem, Scalia proposed that the Clean Water Act should reach “only those wetlands with a continuous surface connection to bodies that are waters of the United States in their own right.”
In a concurring opinion, Justice Anthony Kennedy took a very different approach. “Waters of the U.S.,” he wrote, should be interpreted in light of the Clean Water Act’s objective of “restoring and maintaining the chemical, physical, and biological integrity of the Nation’s waters.”
Accordingly, Kennedy argued, the Clean Water Act should cover wetlands that have a “significant nexus” with navigable waters – “if the wetlands, either alone or in combination with similarly situated lands in the region, significantly affect the chemical, physical, and biological integrity of other covered waters more readily understood as ‘navigable.’”
Neither Scalia’s nor Kennedy’s opinion attracted a majority, so lower courts were left to sort out which approach to follow. Most applied Kennedy’s significant nexus standard, while a few held that the Clean Water Act applies if either Kennedy’s standard or Scalia’s is satisfied.
Regulators have also struggled with this question. The Obama administration incorporated Kennedy’s “significant nexus” approach into a 2015 rule that followed an extensive rulemaking process and a comprehensive peer-reviewed scientific assessment. The Trump administration then replaced the 2015 rule with a rule of its own that largely adopted the Scalia approach.
The Biden administration responded with its own rule defining waters of the United States in terms of the presence of either a significant nexus or continuous surface connection. However, this rule was promptly embroiled in litigation and will require reconsideration in light of Sackett v. EPA.
The Sackett decision and its ramifications
The Sackett decision adopts Scalia’s approach from the 2006 Rapanos case. Writing for a five-justice majority, Justice Samuel Alito declared that “waters of the United States” includes only relatively permanent, standing or continuously flowing bodies of water, such as streams, oceans, rivers, lakes – and wetlands that have a continuous surface connection with and are indistinguishably part of such water bodies.
None of the nine justices adopted Kennedy’s 2006 “significant nexus” standard. However, Justice Brett Kavanaugh and the three liberal justices disagreed with the majority’s “continuous surface connection” test. That test, Kavanaugh wrote in a concurrence, is inconsistent with the text of the Clean Water Act, which extends coverage to “adjacent” wetlands – including those that are near or close to larger water bodies.
“Natural barriers such as berms and dunes do not block all water flow and are in fact evidence of a regular connection between a water and a wetland,” Kavanaugh explained. “By narrowing the Act’s coverage of wetlands to only adjoining wetlands, the Court’s new test will leave some long-regulated adjacent wetlands no longer covered by the Clean Water Act, with significant repercussions for water quality and flood control throughout the United States.”
Kavanaugh's reasoning in Sackett is compelling. Court's supposed textualists/literalists have rewritten "adjacent" to mean "adjoining" and thus created even more regulatory headaches. Wetlands along the Mississippi have been cut off by levees. Are we leaving them unprotected? pic.twitter.com/00fJcSvL1Z
— robert (@rfhirschfeld) May 25, 2023
The majority’s ruling leaves little room for the EPA or the Army Corps of Engineers to issue new regulations that could protect wetlands more broadly.
The court’s requirement of a continuous surface connection means that federal protection may no longer apply to many areas that critically affect the water quality of U.S. rivers, lakes and oceans – including seasonal streams and wetlands that are near or intermittently connected to larger water bodies. It might also mean that construction of a road, levee or other barrier separating a wetland from other nearby waters could remove an area from federal protection.
Congress could amend the Clean Water Act to expressly provide that “waters of the United States” includes wetlands that the court has now stripped of federal protection. However, past efforts to legislate a definition have fizzled, and today’s closely divided Congress is unlikely to fare any better.
Whether states will fill the breach is questionable. Many states have not adopted regulatory protections for waters that are outside the scope of “waters of the United States.” In many instances, new legislation – and perhaps entirely new regulatory programs – will be needed.
Finally, a concurring opinion by Justice Clarence Thomas hints at potential future targets for the court’s conservative supermajority. Joined by Justice Neil Gorsuch, Thomas suggested that the Clean Water Act, as well as other federal environmental statutes, lies beyond Congress’ authority to regulate activities that affect interstate commerce, and could be vulnerable to constitutional challenges. In my view, Sackett v. EPA might be just one step toward the teardown of federal environmental law.
This is an update of an article originally published on Sept. 26, 2022.
