Regulation of ESG Investing is Still Necessary
Environmental, social, and governance (ESG) investing is a strategy for allocating investment funds on the basis of the extent to which the operations of a company, or a portfolio of companies, affect the environment, advance social justice, or follow good corporate governance practices. It is of intense and increasing interest to millions of investors who seek to minimize financial risks and maximize their financial returns. It also appeals to investors who seek to align their investments with their core personal values. An important question is how the Securities and Exchange Commission—and to a lesser degree, the U.S. Department of Labor—should regulate ESG investment offerings in mutual funds and other types of funds. In Do ESG Mutual Funds Deliver on their Promises, Curtis, Fisch, and Robertson conducted some empirical analysis, which indicated that ESG mutual funds really do offer their investors increased ESG exposure, vote shares in ways that support the ESG principles, and do so without increasing costs or reducing returns for investors. But the authors contended that, in light of their study, there is no reason to single out ESG funds for special regulation or what they refer to as “regulatory intervention.” This Comment asserts that there are still good reasons for additional regulatory requirements governing ESG funds, and that regulation in the ESG market is necessary not only to protect investors, but also to foster an environment in which it can thrive.