[White Paper] Part One: What Insurers and Policyholders Should Know About ESG Under Trump 2.0

Scott Seaman, a partner based in Chicago and co-chair of Hinshaw's global Insurance Services Group, has authored a two-part white paper on the components of environmental, social, and governance (ESG) and the impact on insurers and corporate policyholders.

Part one of the white paper discusses the elements of ESG and its impact on insurers and corporate policyholders. It compares the Biden Administration's "all-of-government" approach with the second Trump Administration's "drill baby drill" and "merits-based" employment approach.

Finally, it examines the significant impact of U.S. Supreme Court jurisprudence on ESG, including decisions directly involving ESG and those more broadly addressing the authority of administrative agencies. This includes ending Chevron deference, requiring agencies to litigate in federal court in some instances rather than before their internal tribunals, and applying a statute of limitations more friendly to companies challenging agency action. It concludes by looking at a case pending before the U.S. Supreme Court that has the potential to reinvigorate the dormant non-delegation doctrine.

• Note: A version of this white paper has been published in a series of Mealey's publications under the title "Sustainability Recalibration: What Insurers And Policyholders Should Know About ESG (Environmental, Social, and Governance Considerations) Under Trump 2.0, Part 1."