Corporate Counsel Navigate ESG Red State, Blue State Minefield

General counsel are navigating a widening divide between Republican- and Democrat-led states over environmental, social, and governance issues, with growing concerns about ESG “dispute exposure” from regulators, attorneys general, and others.

Red and blue state polarization—over ESG-related restrictions on carbon emissions standards, diversity, equity and inclusion policies, workers’ rights and other matters— is forcing in-house counsel leaders to have hard discussions with executive teams and boards to clarify company values, adding to their already demanding jobs. Now, legal teams are reacting by scrutinizing company programs, public statements, regulatory filings, and even marketing messaging for statements and phrasing that could ...